The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-22
COUNSEL FOR THE
ASSASSIN READY
Lewis and Titus Accept the
Assignment.
THEY ASK ASSISTANCE
Attorney Carlton E. Ladd Assigned
to This Duty.
CASE TRANSFERRED TO SUPREME COURT 7
Czolgosz Brought to District Attorney Penney's
Office to See His Counsel. 7. .AnAIien-
isl Called 10 Examine

(By the Associated Press.)

Buffalo, N. Y, Sept. 21.-Former JUS
Titus of the Supreme court, today ac-
copied their assignments as counsel to
defend Leon ,Czolgosz, indicted for muir
der in the first degree in killing Presi-
dent Mckinley. They do not at present
know of any reason why they will not
be ready for trial next Monday morning
when District Attorney Penney moves
the case for trial in Part III of the Su-
preme Court. whence it was transferred
today by order of Judge Edward X.
Emery in the county court, who also ap-
pointed Carlton E. Ladd, law partner of
Judge Titus to assist in the defense.
Although both attorneys tentatively
accepted the assignment a few days ago,
no definite announcement was made un-
til today. Judge Titus conferred with
Judge Lewis in the latter's office for a
half hour this morning after which
Judge Titus announced that they had
decided to conduct the defence of the
prisoner
Neither Judke Lewis, nor Judge Titus
would discuss the. subject of the de-
that they had not given the question of
insanity any thought They said that
they would not seek an interview with
the assassin in the Jail unless they were
informed that he desired to see and talk
with them. However, they said if the
prisoner continued his stubborn refusal
to talk to his counsel, ii would not
make any difference in regard to pre-
pairing his defense.
The attorneys have not decided yet
whether or not to request the court to
appoint alenists to examine into the
mental condition of the prisoner, but
stated that if action was desired it would
not delay the trial as such examination
could be had during the progress of the
peoples case.
Immediately after the conference,
both judges called on the district attor
ney at the city hall and conferred with
him for twenty minutes, after which
Mr. Penney accompanied them into the
county court.
Judge Lewis addressed Judge Emery
stating that he and Judge Titus had de-
cided not to be asked to be succeeded,
although they accepted against their
wishes, but that they did not see their
way clear to shirk their duty. He said
that there was great deal of work to be
| done in the case which neither he nor
| Judge Titus should be compelled to per-
| form. He urged that younger lawyer
| be assigned to assist them and sug
gested Attorney Carlton e. Ladd, who,
| Judge Lewis said, was formerly clerk
| in his office. Mr.. Penney said that he
| thought the course was proper one.
| Judge Emery asked if it was known
whether or not Mr.. Ladd would consent
to act. Judge Lewis replied that Mr..
| Ladd was the partner of Judge Titus,
and that he would accept the assign
ment Judge Emery then granted an or
der appointing Mr. Ladd and also grant
ed the District Attorneys motion for
| the formal transfer of the indictment
to the Supreme court for trial, as the
county court has no jurisdiction to try
murder indictments.
| District Attorney Penney has noticed
| the case for trial in Part III of the Su-
preme court at ten o'clock next Mon
| day morning. Witnesses have been
subpoenaed and all arrangements made
! to proceed with the trial at that time.
/ Justice Truman G. White is scheduled to
preside over that term of court and will
do so unless Justice Chids, the senior
justice of the judicial district should be
asked by the other justices to preside,
which is not at all probable.
| Counsel for the defence stated today
that they would not delay the trial un-
cessarily in securing jury, and that all
! that they would insist upon would be
that the jury be composed of substantial
men, who though they have opinions
would give the prisoner a fair and i'm
partial trial upon the evidence.
At $3.50 Czolgosz was brought from the
| Jail to the private office of District At
torney Penney, where his counsel
Justices Lewis and Titus were awaiting
| him.
Later Dr.. Carlos f. Macdonald of New
York, an alienist, formerly head of the
| State Lunatic Commission, was admitted
| to the conference of which the district
/, attorney was also party. Ten minutes
| later DR.. Macdonald was left alone with
| the prisoner. DR.. Macdonald was called
| here by the ar Association.
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