Evening star., 1901-09-25

that they might get look at the casket
of the great man, / was convinced never
before that there is such thing ma
| tional heart
A Nations Heart broken.
THAT national heart was broken, and 70
] will take Gods way and time TO heal II.
1t was broken by a class of people who are
coming to our country in increasing num-
| bers, and while harbored by our laws. are
propagating their malicious views; a class
| of people that must be taught that we
have no place for them on our shores. a
Fclass of people that must be taught that
! they can't take the life Of any one ire
spective of consequences
| Gentlemen, 1 have said all / have to
| say; / have said more than / ought to
| say. You have sworn to give him a fair
| trial on the evidence. Now, what is the
| evidence? / say. as IL has been presented
| to you, II fully substantiates the crime
| charged
"The duty of counsel on both sides is
ended. The court will charge you briefly.
then II will be your duty to take up the
| case. No doubt the same thought, the
| same object is In all our minds-that al
| though our beloved country has lost her
| greatest man, II still should maintain the
respect of the whole world, and 1t should
be made known to the whole world that no
| man can come here and commit such
| dastardly act and not receive the full PEN
| atty of the law"
Judge White Charges Jury.
Justice White began his charge to the
| jury at 3:23. He arose from his seat 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 trlal
| by twelve men, impartial and fair, capable
! of taking the testimony of the trial ana
| giving it thorough consideration. II when
| all the circumstances OF the case are con-
| sidered by you, there still exists In your
| minds a reasonable doubt that the de-
| fendant is guilty you cannot find this man
| is guilty. The people have submitted eva.
dence tending to show that this defendant
committed this crime; they have given eyi-
| dence tending to show that ii was premedi-
| tated. If you are satisfied that there was
design and premeditation, and If in Accord
ance with that premeditation and design
1 these shots were fired. then the defendant
| is guilty of the crime of murder In the hrst
degree. al .,o o,,,a.r,o that
the people have submitted to you. You
| must consider 1t fairly and without preju-
| dice. You are the sole judges OF facts IN
| this case"
| Continuing, Justice White said: The
Jurors must find him guilty beyond rea-
1
| reasonable doubt. While a great deal has
been written and said on the definition or
reasonable doubt in this case 1t means
| that the jurors are bound to slit, compare
\ and examine all the evidence, and IL In
] their minds there is any doubt as to the
| defendants guilt, they are bound TO acqult
| the defendant. If there is no doubt IN
your minds, then you are bound 10 pfihs
! In a verdict of conviction
Glad There Was No LynchinG.
| II am very glad that up to the present
| stage of this lamentable affair, so far as
| the Jurors and the people of this city are
| concerned, there has been shown that re-
1 spect for the law that is bound to leach
| a valuable object lesson. The defendant
| has been given every advantage OF coun-
| sci 1 deplore any incitement to vloience;;
and the man who is ready to go out ana
commit a crime because some other man
! had committed a crime is as guilty as the
latter and his act just as reprehenslple.
| 1t is proper that / should define the crime
| of murder in the first and second degrees
| and manslaughter in the first and secona
| degrees. If the defendant on September .
did wrongfulIy assault, shoot or wound
| William Mckinley by means alleged in the
| Indictment and If the act was committed
with premeditated design, and IL the ACT
| was the sole and approximate cause OF
! death, and II the defendant knew ne was
| doing wrong at the time, the defendant Is
| guilty or murder in the first degree:
'If the act was not premeditated, ne ls
g,,iitv of murder in the second degree. II
the shot was fired accidentally ana with
| out generalization, he is guilty OF mah
| slaughter in the first degree; IL is 10.
necessary for me to discuss the quest on
| of manslaughter in the second degree In
1 this case
Justice White then commended the Jurors
for their patience during the trial ana
ordered them to retire and bring In Ver-
dict. nj,
trict Attorney Penney requested the judge
| to charge the jury that the law presumes
every individual sane unless proven other
wise, and the court said to them: Inc
law presumes the defendant In ehis case
sane"
Lawyer Titus also asked the court to
charge the jury that IL they were satis-
fed from the evidence that at the time or
the committal of the assault the defendant
was laboring under such defect OF rea-
| son as not to know the quality of the act
| or that IL wrong, he was not respon-
| sible. and the jury must acquit
II so charge" said the judge.
waiting for the Verdict.
The Jury retired at 1851, after which the
scene In the court room became dramatic
| in the extreme. Decorum was somewhat
forgotten. and the spectators stood up and
many walked about the room and engaged
in conversation. The guards about the as
sassin. who still sat in his seat before the
bench were doubled, Chief of Detectives
Cusack and two of his men taking posi-
tions lust back OF CzolgosZ's chair. Others
took seats 10 lne lSll anu many
'.piain clothes" men were seen mingling
among the crowd surging about the room,
closely watching every one whose face
was not familiar one to them
There was no disposition to crowd about
the prisoner although the object Of every
one seemed to be to get in position
where he could have a full view of his
face Czolgosz had been seated in his
chair all afternoon, his hands clasped on
the arms of the chair and his head bent
forward and little to the left. The room
was not warm, but he frequently took his
handkerchief from his pocket and mopped
the perspiration s:S:.I his forehead and
cheeks At time during the absence
of the jury did he raise his eyes or lift
his head or seem TO know that he the
object of interest of several hundred men
and women. Every time the door was
opened all eyes were turned in that diIec-
ton, the evident thought in every mind
being that the jury would take only
few minutes to agree on verdict.
Rendering the Verdict.
1t was 4:25 when the crier raped for
order and the jury filed into the room.