The Savannah morning news., 1901-09-17
CzOLGOSZ INDICTED
MURDER IN FIRST DEGREE, SAYS
ERIE GRAND JURY.
is SILENT WHEN ARRAIGNED.
WOULD NOT SAY IF WANTED CoUN-
Sell OR NOT.


Iieved to be shnmming Insanity.
Prisoners Exact Place of Incarcer-
alton Unknown.
Buffalo, Sept. 16.-Leon f. Czolgosz,
alias Fred Nieman, was indicted to-day
by the County Court grand jury for the
crime of murder in the first degree, in
fatally shooting President William Nc
Kinley at the Temple of Music in the
Pan American Exposition grounds at
AIS o'clock on the afternoon of Sept. 6.
When arraigned before Judge Edward
Emery in the County Court the prisoner
stubbornly refused to answer questions
repeatedly asked~of him by District At
torney Penney as to whether he had
counsel or wanted counsel. The dis
trict attorney then suggested that in
asmuch as the defendant refused to
answer, counsel should be assigned.
Judge Emery assigned Hon. Loran l..
Lewis and Hon. Robert c. Titus, for
mer Supreme Court justices, of this
city, whose names had been suggested
by the Erie County Bar Association.
| Czolgosz probably will be arraigned
again tomorrow morning to plead to
the Indictment.
District Attorney Penney presented
the evidence in the murder case to the
| grand jury.
Aside from the surgeons and ply
sicans in the case, no witnesses were
/ sworn other than those who were in
| the Temple of Music and witnessed
| the shooting. The complete list of wit
nesses in the order which they appear
ed to testify is as follows:
DR.. Herman Mynter. DR.. II. r. Gay
lord, DR.. IL. G. Matzinger. DR.. M. d.
| Mann, Secret Service Detective CAL
| laher, Attorney James l.. Quicken
bush, Attorney Louis l.. Babcock.
| Harry Henshaw, Capt. Damer and
Patrolman Merkel, of the exposition
guards; Corporal Louis Bertschey and
Privates Neff, O'Brien, Dennenbaugh
and James of the Seventh Coast Artil-
lery, A. G. Knapp, Mrs. Vanderburg.
| Davis, Capt Valley, chief of the ex-
| position detectives: superintendent
Bull and Assistant Superintendent P.
V. Cusack of the local police depart
ment; Fred Leighter, Charles ]. Close,
exposition guards Westenfelder and
James and Detective Geary and Solo
mon of this city.
At Ais o'clock this afternoon, exact
ly ten days after the shooting, the
grand jury voted unanimously to in
dict Czolgosz for murder in the first de-
gree. At 4:41 o'clock the secret indict-
ment was presented to Judge Emery
| in the County Court.
Then ensued a wait of an hour, but
the rumor that the murderer was to be
arraigned spread, and in a short time
the court room was crowded. Great
secrecy was maintained as to the place
of confinement of the prisoner, but it
is believed that he was locked up in
the temporary jail at the Erie county
penitentiary, where prisoners have been
kept while the Jail has been undergoing
repairs. After the indictment was re-
ported the prisoner was driven from
the penitentiary, mile from the city
hail. to the Jail across the street from
the hall. Czolgosz was then taken I'M
der strong guard from the Jail through
the tunnel under Delaware avenue to
the basement of the city hall and up
the stairs to the court room on the sec
ond floor.
The prisoner was shackIeded to a de-
tective<and another detective held his
other arm; Assistant Superintendent
Cusack marching in front and a num-
Der of patrolmen behind. When the
prisoner was taken before the bench
the crowd in the court room surged
about him on all sides. They were
compelled to resume their seats.
Czolgosz is of medium hight, of fair
| ~ SOOu Duilu anu mas llSnL, curly ndlr,
but ten-days' growth of beard on
his face gave him an unkempt appear
ance. Apparently he feigned insanity,
not stupidity, and his glance roamed
about, but his eyes were always down.
cast. Not once did he look the county
prosecutor or the judge in the face.
CxoIgosx stubbornIy silent.
"Czolgosz, have you got a lawyer?"
do you wish lawyer? You have
been indicted for murder in the first
degree. Do you want a lawyer to de-
fend you? Czolgosz, look at me and
answer"
District Attorney Penney fired these
questions at the prisoner. his voice r.s-
ing with each succeeding question, but
Czolgosz stubbornly refused to an
swer. The district attorney respect
fully suggested that counsel be as
signed to defend the prisoner and as
certain what he had better do as ito
his plea to the indictment before ar
raignment.
Judge Emery then asked the pris-
oner before the bar If he mad counsel.
but there was no answer, despite the
fact that the police officers told him
the judge was speaking and that he
must answer.
The court then said:
"Czolgosz, you having appeared for
| arraignment In the court, without
counsel, the law makes 1t the duty of
the court to assign counsel The bar
association OF our country has consid-
cred the matter and suggested the
names of certain gentlemen of high
character for such assignment. The
court has seriously considered the ques-
ton, and after much consideration has
concluded to follow the suggestions
made by the association. The court,
therefore, assigns the Hon. Loran l..
Lewis and Hon. Robert c. Titus as
your counsel"
Judge Emery directed the officers to
notify the attorneys and remove the
prisoner.
Czolgosz was handcuffed to the de-
tectives, who started out of the court
room with him. The crowds surged af-
ter them, but found the exit barred by
policemen. Outside the court room
door the prisoner was surrounded by
the policemen and hurried down stairs
into the basement, whence he was
taken through the tunnel to the jail.
across Delaware avenue. Whether he
was left there for the night or taken
elsewhere the police refused to say.
District Attorney Penney said that
Justices Lewis and Titus would be no
titled and given an opportunity to talk
with the prisoner, and that ne hoped
\ to arraign Czolgosz tomorrow