Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-17
IS INDICTED
McKinley's Assassin Accused Of
Murder In First Degree
by Grand Jury.
czolsosz Refuses 10 Answer
Any OF the Questions Sub
mitted to Him.
His Whole Manner Indicated
That He Intends to Feisn
Insanity.

alias Fred Nieman, was indicted late.
yesterday afternoon by the county
court grand jury for the crime of MUIR.
der in the first degree in fatally shoot.
ing President William Mckinley, at the
Temple of Music in the Pan-Amertcan
Exposition grounds, at 4:15 o'clock on
the afternoon of Sept. 6.
| When arfaigned before Judge Edward
Emery, in the county court, the prison.
er stubbornly refused to answer ques-.
tons repeatedly asked Of him by Dis
trict Attorney Penney as to whether he
had counsel or wanted counsel. The
district attorney then suggested that.
inasmuch as the defendant refused to
answer, counsel should be assigned.
4 Judge Emery assigned Hon. Lorain l..
Lewis and Hon. Robert c. Titus, former
supreme court justice of this city. whose
County Bar Association. Czolgosz
probably will be arraigned again today
to plead to the indictment.
District Attorney Penney presented
the evidence in the murder case to the
grand jury. Aside from the surgeons
| and physicians 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
pcsses, in the order in which they APP
peared to testify, is as follows:
DR.. Herman Mynter DR.. n. r. Gay
lord. Dr. H. G. Matsinger. DR.. NJ D.
Mann, Secret Service Detective Gala
| CHER, Attorney James L. Quackenbush
Attorney Louis l.. Babcock. Harry Hin
shaw, Capt. Damer and Patrolman Mer-
KEEL, of the exposition grounds, Corp.
Louis Bertschey and Privates Neff.
lO'Brien, Fennebaugh and Brooks. of the
Seventy-third United States sea coast
artillery E. C. Knapp. Mrs. Vanden-
bergh Davis. John Branch colored
porter, Capt. Valley. chief of the expo
sition detectives; Superintendent Bull
and Assistant Superintendent P. V.
| Cusack. of the local police department.;
Fred Leighter and Charles j. Close. ex-
position guards; Westenfelder and
James and Detectives Geary and Solo
mon. of this city.
1 At 4:41 the sealed indictment was pre-
sented 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 short
| time the court room was crowded.
Great secrecy was maintained as to
the place of confinement of the prisoner,
hut 1T is believed that he was locked up
1 in the temporary jail at the Erie coun-
ty penitentiary. where prisoners have
4 been kept while the Jail has been under
going repairs. After the Indictment was
| reported the prisoner was driven from
/ the penitentiary, a mile from the city
IAN, to the jail across the street from
| the hall Czolgosz was then taken, I'M
/ der strong guard, from the jail, thru
the tunnel under Delaware avenue. to
the basement of the city hall and up the
stairs to the court room IN the second
floor. The prisoner was shackled to a
/ detective. and another detective held his
other arm; Assistant Superintendent
Cusack marching In front and number
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 height, OF fair
ly good build and has light. curly hair
/ but a ten days growth of beard on his
face gave 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.
"Czolgosz, have you got a lawyer? Dc
YOU wish lawyer? You have been in
ticted for murder in the first degree. Dc
you want lawyer to defend you? Czol.
gosz. look at me and answer"
District Attorney Penney fired these
questions at the prisoner, his voice ris-
Ing with each succeeding question: bu,
Gzolgosz stubbornly refused to answer
The district attorney respectfully sug-
gested that counsel be assigned to de.
fend the prisoner and ascertain what he
had better do as to his plea to the in
dictment. Judge Emery then asked the
prisoner If he had counsel, but there was
10 answer.
The court then said: "Czolgosz, yor
having appeared for arraignment In the
icourt without counsel, the law makes
1t the duty of the court to assign coun-
sci. The bar association Of this county
: has considered the matter and suggested
the names of certain gentlemen Of high
!, character for such assignment. The
!, court has seriously considered and after
much consideration has concluded tc
follow the suggestion made by the asso.
citation. The court, therefore, assign.
, the Hon. Lorain l.. Lewis and the Hon
Robert G. Titus as your COUNSEL
Judge Emery directed the officers t.
notify the attorneys and remove the
prisoner.
CzolgosZ was handcuffed to the detec.
tives, who started out of the court roon
with him. The crowds went after them
! hut found the exit barred by policemen
Outside the court room door the prison.
. Ter was surrounded by policemen ant
hurried downstairs into the basement
! where he was taken thru the tunnel t.
the Jail across Delaware avenue
q Whether he was left there for the nigh
!, or taken elsewhere the police refused t,
/, say
I District Attorney Penney said tina
1 justices Lewis and Titus would be noti
. fled and given an opportunity to tall
: with the prisoner, and that he hoped t.
]. araign Czolgosz today.
j CREDIT FOR czoLeosz's ARREST
It Is Now Claimed by Capt. John j
Wiser, Of Artillery.
\ p,.cr - MT