Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-24


will be put in owing to the character
of the prisoner and his refusal to aid
his attorneys in any way to procure
evidence which they could use in his
favor. The idea of an attempt to enter
the question of his sanity is not
thought of in view of the reports of the
incd him and there is ground for the
belief that the trial will be concluded
with a session of but one day more.
AT 10 o'clock the formal opening of
the court was announced. Justice rru-
man c. White entered through the CEN
ter aisle and took his seat upon the
bench. The first business of the SEES
sion had no relation to the case in
hand. II consisted merely of calling
the roll of grand jurors for the COM
ing session and they were then cx-
cused until oct. :.
Clerk of Courts Martin J. Fisher
after a preliminary hear We. hear We,
by the crier. proceeded with the calling
of the jurors summoned for the trial
of the CzolgosZ case in part Ill. Judge
White allowed the grand jurors VINO
had previously been called TO leave the
room il they desired. but only one did
SO. the others preferring to stay ana
witness the trial.
OF the 36 trial jurors called only one
asked to be excused. He had a saw
min in process of erection which he
said must be finished at once, on ac-
count of low water, and he was eX-
cused. Justice White then requested
the other justices of parts one and two
then in session, not to discharge their
jurors, but to hold them in readiness
for an impanelling in the CzolSosz
case.
At 1915 there was a hustle in the
corridor and a squad of policemen
brought in lhe prisoner. He was hand
cuffed to en- officer on each side. while
i'll front and behind him walked other
uniformed policemen.
The prisoner was attired in a suit Of
dark gray. Il white shirt and a collar
and light blue bow tie. His face was
Clcanly shaven and his hair combed.
He sat down behind his counsel with
two officers in plain clothing immeGi-
ately in mis- rear.
District Attorney Penney proceeded
at once with the reading of the indict-
ment. He spoke to Czolgosz in low
voice, in fact so low that when the
prisoner was asked to plead in reply
he failed to show that he understood
what had been said.
Justice White asked him: What
have you to say"
There was a moments hesitation.
Then his lips moved as if to make re-
ply. but before he could do so, his
Junior counsel. Mr.. Lewis. arose to
speak, not having seen the prisoners
motion.
Justice White. however. insisted that
Czolgosz should speak. as he showed
inclination to do SO. and the prisoner
replied: Il didn't hear what he said"
District Attorney Penney then read
the indictment again in a louder voice
and to the demand for reply the pris-
oner, who was standing at the time
said in very low voice. guilty"
This plea was. however, not permitted
to stand. under the law, and Il plea of
mot guilty was at once ordered by
the court.
Former Justice Titus. Junior counsel
for the defence. then arose and stated
to the court the facts already known
as to his connection with the case. He
explained that the position of himself
Mr.. Ladd. was u peculiar one and con
sisted mainly in making sure that all
the forms of law and justice were oh
served in the prosecution.
Justice White, in reply. paid trib-
ute to the counsel for the defence anu
said that the prisoner could have no
better counsel, and that whatever the
outcome it would reflect only credit
and honor to themselves.
The examination and swearing in of
the Jurors was then begun. The first
juror was summoned at 1926. His
name is Frederick Y. Lauer. a
plumber. He was examined briefly by
the district attorney and counsel for
the defendant. No objection was made
and Lauer was accepted.
Richard J. Garwood. a street railw3 '
foreman, was next summoned. one of
The que stions put to him by District
Attorney Penney was: DO you believe
in the present form Of government -
to which Garwood responded yes :
Judge Lewis asked Garwood if he
would aCquit a man if it was clearly
proven that he was insane at the time
the murder was committed. Mr.. Car
wood replied that he would. After =
lew lllblt lIOHS lIolll JuuSt LEV IL,
Garwood was accepted.
The third of the panel called to the
bar was Joshua Winner. farmer of
North Collins. He was objected to by
the defence and was excused. Henry
w. Wendt, local manufacturer. when
called announced that he had formed
no definite opinion on the case. His
opinion would be governed by the evil
dence alone. He was then sworn in
as the third juror
Horatio NJ. Winspear. a farmer of
Elnia. was next called.
DO you believe in capital punish
ment? was asked by the district at
torney. After a short pause Mr. Win
spear replied. We'll yes" The ques-
tons asked by Mr.. Lewis. for the de-
fence. of nearly all the jurors We're
particularly directed toward the fact
OF whether or not they were present
in the Temple of Music at the time If
the crime. Winspear said he was NOT
there. but while the defence was not
opposed to his acceptance on the panel
ne was challenged by the people
George Kuhn, a baker of Buffalo