Evening star., 1901-09-25

take the place or the calm and digntned
administration of the law by our courts of
justice.
when that doctrine becomes sufficiently
prevalent in this country, if Ii ever does,
our institutions will be set aside and over
thrown, and if we are not misinformed as
to the state of mind of some people in some
parts of our country, the time is fast ap-
preaching when men charged with crime
will not be permitted to come into court
and submit to a calm and dignifed trial,
bus will be strung up to tree on the bare
suspicion that some one may hold the be-
lief that they have committed some crime.
''1t is not long since i read in paper
that a colored man I'm the south had his
life taken because he had insulted a white
man. What it was the paper did not say,
but he was strung up. l suggest, gentle
men, that class of the community who are
crying out in our cities and are sending
letters to lawyers suggesting that the man
who is charged with the crime that this
defendant is should not be permitted to
have a trial before a court of justice. are
more dangerous class to the community
than the anarchists about whom we read
so much.
Now, it is the duty of every American
citizen or every good man to stand firmly
by the law and put his voice against any
idea that man should be punished for
any crime until he is proven guilty in
court beyond any reasonable doubt.
Duty to Uphold the Laws.
MY associate and myself are here to
uphold the law. Some weak-minded peo-
pie entertain the notion that the lawyer
who appears in defense of a defendant is
in court to obstruct the due process of the
law, to balk justice and to delay by tech
nicalities. But every man who knows the
members of the bar understands that this
is not so. My associate and myself are
here for the same purpose that the learned
district attorney is here for-to see that
this trial progresses in legal orderly and
W
possible put down and suppress this feel
ing that cases may be disposed of without
the Intervention of courts of justice.
object Lesson for the World.
This trial here is great object lesson
to the world. Here is a case where a man
has stricken down the beloved President of
this country in broad daylight in the pres
ence of hundreds of thousands of specta-
tors If there was ever case that would
excite the anger, the wrath of those who
saw it, this was one; and yet under the
advice of the President, Let no man hurt
him, he was taken, confined in our prison,
indicted put upon trial here, and the case
is soon to be submitted to you to whether
he is guilty of the crime charged against
him. That, gentlemen, speaks volumes in
favor of the orderly conduct of the people
of the city of Buffalo.
Here was man occupying an exalted
position man of irreproachable charac-
ter; he was man who had come here to
assist US in promoting the prosperity of
our great exposition. And he was shot
down while holding reception.
His death has touched every heart in
this community and in the whole world
and yet we sit here and quietly consider
whether this man was responsible for the
act he committed. That question is one
you are called on to decide
The law preSumes the defendant inno-
cent until he is proven guilty, and we start
with the assumption that the defendant
r1Sia fo,~t
he committed. We have not been able to
present any evidence upon our part The
defendant has even refused on almost every
occasion to talk with his counsel He has
not aided us, so We have come here unaided
to consider this important question. But I
Know there is in every human being a
strong desire to live.
Not the Deed of a Sane Man.
Death is a specter that we all dislike to
meet, and here this defendant without
having any aninosity against our Presf-
dent, without any personal motive SO far
as we can see, committed the act, which,
il he was sane, must cause his death How
can a man with sane mind perform such
an act? The rabbIe in the streets will saw
no matter whether he is insane or not he
deserves to be killed. The law, however
says that you must consider the circum-
stances and see If he was in his right mind
or not when he committed the deed If YOU
hnd he was not responsible you would aid
In lifting great cloud from the minds of
Ihe people OF this country. If the beloved
Presldent mad met with railroad accident
and been killed our grief could not COM
pare with what tits now. If you find that
he met his fate through the act of an in
sane man 1t is the same as though he met
II by accident. l had the profoundest re-
Spect tor President Mckinley. I watched
MIN in Congress and during his long public
career, and he was one of the noblest men
God ever made. His policy we care moth
ing about, but 1t ALWAYS
profoundest respect. His death was the
saddest blow to me that has occurred in
many years.
Judge Lewis was crying when he finished
and the eyes of many of those in the court
room were filled with tears
Judge Titus then arose. and said that
Judge Lewis had so completely covered the
ground that 1t seemed entirely unnecessary
for him to reiterate it, and he would there.
fore rest
At $40 District Attorney Penney began
aiis sulniii,ns up. he spoke in clear we'll
modulated voice, and every word could be
heard In every part of the room He said
III is hardly possible for any man to
stand up and talk about this case without
awful tragedy that ever came upon the
world. o-' 'Ne
I'VE have shown You how this defendant
stooo IN the Temple of Music that after
noon and shot down our beloved President.
we nave shown you how he deliberated
and planned this awful crime We have
SHOWN you now he attended auarcbistie
and socialistic meetings at which were
soWn in his heart the seeds of his terrible
act.
'tThe counsel for the defense saws If the
defendant was sane he was responsible
and that II he was insane he must be pre-
sumed to be innocent He tells You that
Is a presumption of law.
No Evidence of Insanity
ut Is also a presumption of law that
every man is sane until proven insane.
Evidence tending to show that the pris--
oner was insane has not been forthcom-
ing. 1t has been proven that he was the
agent OF the crime, and there should be
no question in your minds as to the re-
sponsibility of the defendant
This is no time for oratorical display
Counsel for the prisoner and myself have
endeavored to eliminate all sensational
ism from this case. 1t is not my intention
to indulge In extended remarks You
understand the responsibility resting upon
you. The counsel has said there should
be no lynch law in this state. He has
told you that the people of Buffalo are to
be commended for the spirit displayed by
them since the murder of the President
but the law must be pindicated. This ter
rible thing has happened because there
ora n1A r., ~