Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-25
OBJECT LESSON
TO THE WORLD.
Such is CzoIgosz's Trial, Declares
His Counsel.
A STRONG PLEA FOR LAW
Mob Violence Condemned In Vigor-
Gus Terms Could Present No
Evidence for Defense.

Buffalo, N. Y, Sept. 2l.-When the
prosecution In the trial of Leon Czol-
gosz announced the case closed, Judge
Lewis of counsel for the defense said
they had no witness on call and asked
the court that he be allowed to address
the jury at once. This was granted,
and the venerable jurist spoke as fol-
lows
Gentlemen Of the Jury:-A calamity
has fallen upon this nation through
the act of this man, but the question
is whether his act was the act Of an
insane man. If an insane man. 1t is not
murder and he should be acquitted OF
that charge. He would then, of course,
be transferred to an asylum.
Much discussion has occurred in our
midst and has been called to my at
tention as to the propriety Of any de-
Tense being interposed In this case.
Many letters have been received by
me since | was assigned. with my as
soclate, TO defend this man, question:
Ing the propriety of defense being at
haps, how Judge Titus and myself
came into this case. The position was
not sought by us, but we appear here
In performance of a duty which we
thought devolved upon us, notwlth-
standing II was an exceedingly disa-
greeable one,
His honor, the Judge, who presldes at
this trial as a Justice of the supreme
Ia hlf l,A iax
II his duty to sit and preside at this
trial.
our very distinguished and able dis
trict attorney has prosecuted this ac-
ton because the law makes 1t his duty
to do so. You, gentlemen. are sittlng
there because you were commanded to
appear here and under our system of
Jurisprudence II was your duty to sit
here, hear the testimony in this case
and perform the duty OF determining
whether this man Is TO be executed or
to be -. free.
The defendants counsel appear here
because, under our system of jurls-
prudence, no man can be placed on trial
for the high crime Of murder, the pen
atty OF which, under the law, is death,
without he has the assistance OF coun-
nate counsel and II Is the duty of the
counsel thus designated TO appear in
the case unless they can make some
reasonable excuse and succeed in being
relieved of the duty
Gentlemen, when they become mem
bers Of the legal profession, become
members OF the court They are COM
PEELED is assigned, 20 defend criminals,
n mt ba ON no 10 la ttftfl
q crime. They are compelled TO re-
spond and accept the duty unless they
can present some reasonable excuse,
and If they refuse to perform that duty
they are guilty of mlsdemeanor and
are liable TO punishment by the court.
So you see, gentlemen, II any sim
ple-minded, thoughtless person should
entertain the notion for minute that
the counsel who appear In this case are
doing something which they ought not
TO do, that person is laboring under
very serious Misrepresentation as TO the
duties deyolving upon lawyer The
defendant, no matter how serious a
crime he has committed, is entitled UNI
der our laws to the benefit of a trial.
In the case OF murder he must have a
trial.
You sat here and listened 10 the de-
iendant's plea OF guilty when he was
arraigned at the opening Of this term,
but the law OF our state VIII not per-
init him to plead guilty TO such a crime
as this. The law is so careful OF the
rights of its citizens that II will not
permit a man TO plead guilty TO the
crime Of murder, 50 that, even after
he had conceded his guilt In this case
II was incumbent upon the court 20 In
sist that the trial should proceed, and
that the people should establish beyond
a reasonable doubt that the defendant
was guilty Of the crime charged against
him.
There are in our country individuals
not. hope, In very large numbers but
we know they are scattered all over the
country. who think In a case like this,
or even IN charges OF much less degree,
II Is entirely proper that the case
should be disposed Of by lynch or mob
law. We can hardly take up paper
without we learn that In some part Of
this free and Independent country some
man has been murdered on the sus-
plcion or belief that he was guilty Of
some crime. This state OF things does
not exist in our community, but II does
IN some parts OF our state. as every
intelligent man knows.
IL is charged here that our client is
an anarchist, a man who does not be-
lieve In any law or In any form Of gov
eminent. And there are. so we are told,
other individuals who entertain that