The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-25
CzoIgosz Jury Spent Little Time
Reaching a Conclusion.
Convict Him Of Murder in the
First Degree.
He MADE NO DEFENSE.
Assassin Would Not Say a Word
in His Own Behalf.
Sentence viii BE Pronounced
Thursday at 2 p. IN.


CzoIgosz. alias Fred Nieman, was
found guilty of murder in the first
degree by a jury in Part III of the SUI
preme court in having on the sixth
day Of September shot President VIII
liam Mckinley the wounds inflicted
afterward resulting in the death OF the
president.
The trial of the assassin consumed
eight hours and tWenty-six minutes.
and covered a period Of only two days.
The announcement made by the at
torneys for Czolgosz that the eminent
alieanists summoned by the Erie
County Bar association and by the dis
trict attorney to examine Czolgosz to
determine his exact mental condition,
had declared him to be perfectly sane.
destroyed the only stage Of a defense
that Judges Lewis and Titus could
have put together
Before adjournment Justice White
announced that he would pronounce
sentence upon the defendant on Thurs
day afternoon at o'clock. The pris-
oner was taken at once through the
tunnel under Delaware avenue back to
the jail To All appearances he was IN
no way affected by the result Of the
trial
Justice White began his charge to the
jury at 3.29. He arose and stepped to
the side Of the bench nearest the jury
box He said.
Gentlemen Of the Jury-In this case
the defendant has acknowledged his
guilt Such an acknowledgment In
such circumstances cannot go to the
jury or the court. The law requires
that the defendant charged with such
a crime must be tried. The law says
that all the facts must be observed and
reviewed by you The law guarantees
that the defendant shall have a fair
trial by twelve men impartial and fair,
capable of taxing the testimony Of the
trial and giving IL thorough consider
alton If. when all the circumstances
OF the case are considered by you, there
still exists IN your minds a reasonable
doubt that the defendant is guilty,
you can not find this man guilty. The
people have submitted evidence tend
ing to show that this man committed
this crimes they have given evidence
tending to show that it was premedi-
tated- IL YOU are satisfied that there
was design and generalization. and IL
IN accordance with that generalization
and design these shots were fired, then
the defendant is guilty of the crime OF
murder IN the first degree.
You must consider all this evidence
that the people have submitted to you
You must consider 1T fairly and with
out prejudice You are the sole judges
Of facts in this case
Continuing. Judge White said.
THE jurors must find him guilty be-
yond reasonable doubt. You may ask
what Is a reasonable doubt While q
great deal has been written and said
in this case il means that the jurors
are bound to sift, compare and examine
All the evidence, and If in their minds
there is any doubt to the defend
ants guilt they are bound to acduit
the defendant. II there is no doubt in
your minds. then you are bound to
bring in verdict of conviction. I am
very glad that up to the present stage
OF this 1amentable affair. so far as the
jury and people of this city are con
cerned, there has been shown that re-
a valuable lesson The defendant has
been given every advantage of expert
enced counsel I deplore any incite-
ment to violence, and the man who is
ready to go out and commit a crime
because some other man has COM
mitted one is as guilty as the latter,
and his act is as reprehensible. It is
proper that I should define the crime of
murder in the first and second de-
grees and granddaughter in the first and
second degrees. If the defendant on
September did wrongfully assault,
shoot or wound William Mckinley by
means alleged in the indictment and
IT the act was committed with premed-
itated design and If the act was the
sole and approximate cause of death,
and # the defendant knew he was do
ing wrong at the time, the defendant Is
guilty of murder in the first degree
If the act was not premeditated, he
Is guilty of murder in the second de-
gree If the shot was fired accidentally
ard without reconciliation, he Is guilty
Of nanslaughter in the first degree 1T
- not necessary for me to discuss the
question Of manslaughter in the second
degree in this case"
Justice White then ordered the Jury
TO retire and bring in a verdict Just
before they did SO. however, District
Attorney Penny requested the Judge to
charge the jury that the law presumes
every Individual sane unless proven
otherwise. and the court said to them:
The law presumes the defendant In
this case sane"
Lawyer Titus also asked the court
TO charge the jury that If they were
satisfied from the evidence that at the
time OF the committal of the assault
the defendant was laboring under such
Z osteet OF reason as not to know the
quality of the act or that 1T was wrong,
&c was not responsible. and the jury
must acquft"
II 50 charge said the judge
After the jury had retired to con-
slider the evidence the scene in the
court room became dramatic in the ex-
IRENE. Decorum was somewhat for
gotten and the spectators stood up and
many walked about the room and en-
gagged In conversation. The guard
about the assassin. who still sat in his
seat before the bench, was doubled
Chief Of Detectives Cusack and two Of
MS men taking positions just back of
Czolgosz's chair. Others took seats to
the left and right and many plain
clothes men were seen among the
crowd surginE about the room closely
watching every one whose face was not
------------ ~ --A----- t1lS no us
position to crowd about the prisoner.
although the object Of every one seem
cd to be to get in a position to COM
fnand q full view of his face Czolgosz
had been seated in his chair all after
noon. his hands cIasped on the arms of
the chair and head bent forward and a
little to the left The room was not
warm. but he frequently took his hand
kerchief from his pocket and mOpped
the perspiration from his forehead and
c5sesks- At 70 time during the absence
OF the jury did he raise his eyes or lift
his head or seem to know that he was
tho object CT interest OF several hun