The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-24

49, - HAA
by Judges Lewis and Titus. counse! for the
prisoner. just behind them came Mrs
Justice White aud her daughters, who were
given seats within the Enclosure.
COURT OPENED.
At 10 o'clock the formal opening OF the
court was announced. Justice Truman G.
White entered through the center aisle and
took his seat upon the bench. The first
business of the session had no relation to
the case of Czolgocz. II consisted merely OF
calling the roll Of grand jurors for the com
ing session and they were then excused IN
Oct. T.
Clerk Of Courts Fischer. after a prelimi-
nary Hear ye. hear We by the crler' pro-
ceeded with the calling OF the jurors sum
mOned for the trial of the CzOlSocz case li
Part 3. Judge White allowed the grand
jurors, who had been previously called, TO
leave the room. IL they desired, Dut ohIy
two did so. the others preferrinS 10 stay
and witness the trial
one asked 10 be excused. He had a saw
mill I'm process OF erection. when ne sara:
must be finished at once on account OF
low water. and he was excused. Justice
White then requested the other justices OF
Parts ! and 2. then i'm session, not to
discharge their jurors, oli 10 holu lhem IN
readiness for an i~mpaneling III the Col
At lola there was hustle in the corridor
and a squad OF policemen brought IN the
on each side. while i'm front and behind him
walked uniformed policemen. The prisoner
vas attired I'm a new suit of dark gray, a
white shirt and a collar and a light blue
bow tie. His face was cleanly shaver and
his hair combed. He sat down behind his
counsel. with two officers in plain clothing
Immediately i'm his rear.
District Attorney Penny proceeded at
once with the reading of the indictment.
He spoke 70 Czolgocz I'm a low voice: in
fact. so low. that when the prisoner was
asked to plead he seemed not to under
stand what had been said.
Justice White asked him: What have
There was a moments hesitation. Then
the prisoners lips moved as If 10 make re-
ply. but before he could do so. his senior
having seen the prisoners motion.
Justice White, however. insisted that
Czolsocz should speak, and the prisoner
said:
Il did not hear what he said
CZOLGOCZ'S PLEA.
District Attorney Penny then read the
indictment again in a louder voice. and TO
the demand for a reply. the prisoner. who
was standing at the time. said, in a very
low voice:
Guilty"
This plea. however. is not permitted to
stand under the law, and a plea of mot
guilty" was at once ordered by the court.
Mr.. Titus, counsel for the defense, then
arose and stated to the court the facts al
ready known as to his connection with the
case. He explained that the position of
himself and his associates, Judge Lewis
and Mr.. Ladd, was a peculiar one, and
consisted mainly i'm making sure that all
the forms of law and justice were observed
in the prosecution.
Justice White, in reply, complimented
counsel for the defense and said hat the
prisoner could have no better counsel and
that whatever the outcome ii would reflect
only credit and honor on them.
The examination and swearing in of the
Jurors was then begun, the prisoner stand
ing as each was sworn.
The first juror was summoned at 1925.
His name is Frederick V. Lauer, a plumber.
He was examined briefly by the district at
torney and counsel for the defense. No OBJ
lection was made and Lauer was accepted.
Richard ]. Garwood. a street-railway
foreman. was next summoned. One of the
questions put 70 him by District Attorney
Penny was: do you believe In the present
form of government" to which
replied:
yes"
Judge Lewis asked Garwood If he would
acQuit a man If il was clearly proven that
he was insane at the time the murder was
committed. Garwood replied that he would.
After a few more questions from Judge
Lewis GarwoOd was accepted.
The third of the panel called TO the bar
was Joshua Winner, a farmer, of North
Collins. He was objected to by the defense
Henry w. Wendt. a local manufacturer,
when called, announced that he had
formed no definite opinion on the case; his
alone. He was sworn in.
Horatio Winspear, a farmer, OF Elma,
was called.
was asked by the district attorney. After
some hesitation the talesman replied:
We'll. yes
THE PEOPLE CHALLENGE.
The questions asked by Mr.. Lewis. for the
defense. of nearly all of the Jurors were
particularly as TO whether or not they were
present in the Temple of Music at the time
OF the crime. Winspear said he was not
there. but while the defense was not OPP
posed to his acceptance on the panel, he
was challenged by the people.
George Kuhn. a baker, of Buffalo. born in
Germany. but a citizen of this country for
twenty-five years, was next called. His
opinion OF the guilt of the prisoner. he
SAID, was SO nrmly established that no evil
dence could change il, and he was excused.
John NJ. Elliott, a farmer, of Grand
Island. was opposed to capital punishment.
and was challenged by the people. He was
excused.
silas GARNER, another farmer. living at
Clarence, had already made up his mind as
to the guilt OF the defendant; he could give
him a fair trial, however, on the evidence.
He was accepted by both sides and sworn
IN as the fourth juror at n:O4 a. m, less
than an hour after the court opened.
Herman B.. Tauber, a railroad clerk. was
next called, but as he had expressed an
opinion OF the case he also was excused by
the court.
Dennis T. O'Reilly. a life insurance agent
opinion in the case. but1ad not expressed
IL TO any one. His opinion could be changed
by the evidence. He was excused by the
people.
During the examination of Jurors the
prisoner sat erect in his chair and gazed
straight ahead at the back of his senior
counsel. Beyond the rapid blinking of his
eyes. he appeared unconcerned. He made no
effort at communication with his counsel
nor they with him.
Frederick Langbein. a railway foreman.
said he was a believer i'm capital punish,
ment. he had not formed or expressed an
opinion as To the guilt or innocence of the
defendant. He was excused by the prosecu-
ton, however.
George RheuI, a barber. of this CITY. next
called. was a believer in capital punish-
ment. he said Mr.. Rheul is a member of
trict. He said, in reply to a question from
Mr.. Lewis as TO whether he had talked
much about the case:
People nave talked more TO me about n
than have TO them" He had formed no
definite opinion. but. nevertheless. ne vas
excused By the defense.
Wallace a Butler. a farmer, of Sardinia
had formed a definite opinion as To- the
guilt of the prisoner. and he was excused
by the court.
James s. Stygsll. a plumber. after a brief
examination, was accepted. making the
fifth Juror secured at 1850.
There were only four women In the court
room. three inside the railing, as guests of
the court. and one in the spectators seats
MR.. MILBURN PRESENT.
John g. Milburn, the host OF President
aFrI-spIax info the -. to-