Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-09-22
LEWIS AND TITUS ACCEPT
THE DEFENSEO Of CZOLdOSZ.
THE MURDERER or PRESIDENT
MCKINLEY TO HAVE BEST
OF COUNCIL.
HIS PERvERSE DISPOSITION
WILL HAVE No BEARING UPON THU
DEFENsE-rRIAL OPENS ON
MONDAY.

defend Leon +. Czolgosz. indicted for
murder in the first degree in killing
President Mckinley.
There is not. at present, known Of
any reason why they will not be ready
for trial next Monday morning, when
District Attorney Penney moves the
case for trial in part two OF the SUI
preme Court. where II was transferred
to-day by order of Judge Edward X.
Emery in the County Court, who also
appointed Carlton Il. Ladd. law partner
OF Judge Titue, to assist In tho de-
Tense.
Although both attorneys tentatively
accepted the assignment u few days ago,
no definite announcement was made UNI
I'll to-day. Judge Titus conferred with
Judge Lewis in the latter's Office for
half an hour this morning, after which
Judge Titus announced that they had
decided to conduct the defense of the
prisoner.
Neither Judge Lewis nor Judge Titua
would discuss the
subject OF the Defense
to be interposed and both stated hat they
had not given the question OF insanity any
thought. They said they would not seek
an interview with the ASSASSIN Ia the jail
unless they were Informed that he desired
to see and talk with them. However. they
said, IL the prisoner continued his stub
born refusal to talk to his counsel, IT.
would not make any difference In regard
to preparing his defense. The attorneys
have not, as yet. decided whether or not
to request the court to appoint alienists
to examine into the mental condition of
the prisoner. but stated that II sufh ae~
tion was desired IL would not deItF tho
trial, as such examination could had
during the progress of tho People case.
Immediately after the conference both
judges called upon the district alto y Mt
the city hall and conferred with for
20 minutes, after which Mr.. PENN ac-
oompanied them to the county courvM
Judge Lewis Addressed
Judge Emery, stating that he and Judge
Titus had decided not TO ask to be cx-
cused. although they accepted against
their wishes, but that they did not sec
their way clear to shirk their duty. He
said there was n great deal OF work to be
done In tho case which neither he nor
Judge Titus should be compelled to per-
form. He urged that "a younger lawyer
be assigned to assist them and suggested
Attorney Carleton #. Ladd, who Judge
Lewis said was formerly u clerk In his
office.
Mr.. Penney said he thought the course
was a proper one.
Judge Emery asked IL II was known
whether or not Mr.. Ladd would consent to
act. Judge Lewis replied that Mr.. Ladd
was the partner of Judge Titus and that
he would accept the assignment. Judge
Emery then granted an order appointing
Mr.. Ladd. and also granted the district at
torney's motion for the formal transfer OF
the indictment
TO the Supreme Court.
for trial, as the county court has no jur-
lsdictlon to try murder indictments.
District Attorney Penney had noted the
case for trial I'm Part III. of the supreme
court, at 10 o'clock next Monday morn
ing. Witnesses have been s~ubpoenaed and
ali arrangements made to proceed with
the trial at that time. Justice Truman G.
White is scheduled to preside over that
term of court and will do so unless JUS
tice Childs. the senior justice, should be
asked by the other Justices to preside,
which IL not at all probable.
Counsel for the defense stated to-day
that they would not delay the trial un-
necessarily In securing a jury and that all
they would insist upon would be that thu
jury be composed Of substantial men who,
though they have opinions. will give the
prisoner a fair and impartial trial upon
the evidence.
Czolgosz was examined as to his san
ity or insanity for one hour his after
noon by DIR. Carlos f. Mcdonald, OF
New York, the eminent alienist who
was for years the chairman Of the
State board of lunacy commissioners.
The prisoners counsel were present.
At its close DR.. Mcdonald declined to
discuss the case and the attorneys
would not express their opinion, al
though the inference was drawn that
they believed Czolgosz sane.
Or. Mcdonald was brought to Bufa-
10 through the efforts of the Bal Asso-
citation. as the association has promised
to assist Judges Lewis and Titus, who
were suggested as counsel by the asso-
citation.
The examination was held in the pri.
vate Office of District Attorney Penney
and the preparations were kept secret.
AT. 1925 Czolgosz was brought into the
office through the tunnel under Della
ware avenue.
DR.. Mcdonald was alone with he
prisoner. The prisoner sat at the end
OF the district attorneys desk and DR..
Mcdonald sat in a chair directly in
front of him. STOPPING dow and
Peering Into CxoIgosx's Face.
They remained alone for exactly haM
an hour when the prisoners attorneys
entered. Five minutes later they came
out. Judge Lewis said: 'Czolgosz is
talking more freely, but he is not a
voluble chap. Fe said nothing upon
which we might work in basing a de-
fense."
At ABS o'clock Czolgosz was taken
back to the Jail via the tunnel.
Czolgosz had been shaved and pre-
scented a much better appearance. The
affectation of Inconsistencies Of sur
.roundings seemed to have left the pris-
oner and he did not keep his head bent
forward and his eyes looking only at
49, Hoor 90 ho no acad RI and from the