The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-17
CZOLCOSZ
IS INDICTED.
Grand Jury Holds Him For
Murder in First Degree.
Court Appoints Counsel to De-
fend Him.
WOULDN'T SAY A WORD
StubbornIy Refused to Answer
Questions Put to Him.
Crowd Showed a Disposition to
Save Further Trouble.


Buffalo, Sept 17-Leon f. CzoIgosz,
alias Fred Neiman, was indicted by the
county court grand jury for the crime
of murder in the first degree in fatally
shooting President Mckinley at the
Temple of Music in the pan-Americans
exposition grounds at AIS o'clock on
the afternoon of September g.
When arraigned before Judge Edward
K. Emery in the county court the pris-
oner stubbornly refused to answer
questions repeatedly asked of him by
District Attorney Penny as to whether
he had counsel or wanted counsel The
district attorney then suggested, that
inasmueh as the defendant refused to
answer, counsel should be assigned.
Judge Emery assigned Lorain L.
Lewis and Robert c. Titus. former SUI
preme court justices of this city. whose
names had been suggested by the Erie
County Bar association CzOlgosz prob
ably viii be arraigned again to plead to
the Indictment.
District Attorney Penney presented
the evidence in the murder case to the
grand jury. The complete list of wit
nesses, in the order in which they APP
peared to testify, follows:
DR.. Hermann Mynter, DR.. H R Gay
lord, DR. H. G. Matsinger. DR.. NJ d.
Mann, Secret Service Detective Cal
IaSher, Attorney James L. Quacken-
bush, Attorney Louis Babcock, Harry
Hinshaw, Captain Damer and Patrol
man Merkles of the exposition guards,
Corporal Louis Bertschey and Privates
Neiff, o Brien, Fennenbaugh and Rocks
of the Seventy-third United States Sea-
coast artillery; E. o. Knapp, Mrs. Van
Denbergh Gavis, John Branch, a colored
porter; Captain Vallelly, chief of the
exposition detectives: SUPERINTENDENT
Bull and Assistant superintendent F.
V. Cusack, of the local police depart
ment; Fred Ieighter. Charles J. Close
n al ref
exactly ten days after the shooting
the grand jury voted unanimously to
indict Czolgosz for murder in the first
degree.
The Indictment was presented to
Judge Emery in the county court.
Then ensued a wait of an hour The
rurnor that the murderer was to be ar |
raigned spread and in a short time the |
court room was crowded. Great secrecy |
was maintained as to the place of con- |
hnement of the prisoner, but it was be-
heVed he was locked up at the Erie /
county jail, where prisoners have been /
kept while the Jail has been undergoing /
repairs. After the indictment was re-
ported the prisoner was driven from the |
Jail. IS
Czolgosz was then taken under a
strong guard from the jail through the /
tunnel under Delaware avenue to the I
basement OF the city hall and up the 7
stairs to the court room on the second /
floor. The prisoner was shackled to a |
detective and another detective held /
marching in front and a number of pa /
trOlmen behind When the prisoner /
was taken before the bench the crowd |
IN the court room Sufged about him on 4
all sides. They We're compelled to re- /
sumo their seats.
Czolgosz is of medium height. of fair
ly good build and has light curly hair /
but q ten days growth of beard on his
face gave him an unkempt appearance
Apparently he feigned insanity and his
glance roamed about but his eyes We're
county prosecutor or the judge in the
face.
"Czolgosz. have you got a lawyer?
Do you want a lawyer to defend you ?
Czolgosz, you wish a lawyer2 You have
been indicted for murder in the first
degree. Do you look at me and an
swer."
District Attorney Penny fired these
at the prisoner, his voice rising with
each succeeding question. hut Czolgosz
stubbornly refused to answer. The dis
trict attorney suggested that counsel /
be furnished to defend the prisoner.
before the bar if he had counsel bur
there was no answer, despite the fact
that peace officers told rim the Judge
was speaking and that he must an
swer.
The court then said: "Czolgosz. you
having appeared for ARA gnment in the
court without counsel, the law makes It
the duty Of the court to assign counsel.
The bar association of our county has |
considered 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 suggestion
made by the association. The court as
signs Lorain L. Lewis and Robert G.
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
after them. but found the exit barred
by policemen. Outside the court room
door the prisoner was surrounded by
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 else
where the police refused to say.
District Attorney Penny said that
Justices Lewis and Titus would be no
titled and given an opportunity to talk
with the prisoner.