Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-09-28


DISTRICT ATTORNEY PENNEY OF BUr
FALo
cred period of only two days. Pract-
cally all of this time was occupied by
the prosecution in presenting case
so clear, so conclusive, that even had
the prisoner entered plea of insanity
it is doubtful If the jury would have
returned verdict different from the
one rendered.
The announcement made Monday
afternoon by the attorneys for CZol
gosz that the eminent alienists sum-
moned by the Erie County Bar Asso-
citation and by the district attorney
his exact mental condition had de-
clared him to be perfectly sane, de-
stroyed the only stage of a defense
that Judges Lewis and Titus could
have put together.
Before adjournment Justice White
announced that he would pronounce
sentence upon the defendant on Thurs
day afternoon at o'clock. The pris-
oner was taken at once through the
tunnel back to the jail. To all APP
pearances he was in no way affected
by the result of the trial.
The crowd gathered at the city hall
was the largest which has seen him
since his arraignment. People were
lined up on both sides of the big ro-
tunda on the second floor, where court
convened, and fringed the stairs lead
ing from the floor above. There was no
demonstration except that of curiosity.
A large number of women Witnessed
yesterdays proceedings.
AT 2.44 p. m. District Attorney Pen
ney abruptly announced that the case
of the prosecution was ended. Judge
Lewis arose slowly, and addressing
the court, said that the sudden close
of the case against Czolgosz was a
surprise to him and his colleague.
They had no witnesses to call for the
defense. He asked the court that he
be allowed to address the jury at once
The court consented. and the venera-
bic jurist began an address that will
long be remembered by those wao
heard it,
Judge Lewis Address.
Judge Lewis pointed out to the jury
that if there existed a doubt in their
minds as to the evidence presented by
the prosecution it was their duty to
give the prisoner the benefit of the
doubt. Their evidence must be conclu-
siye In some communities, he said, a
case of this kind would be disposed of
by mob law. But this spirit did not
exist in this community. He illustrated
the case of a colored man for whose
life mob was clamoring. William II.
Seward volunteered to defend this
person and there was great indigna-
iion in the community, but the jurist
stubbornly insisted and in doing so up
held the dignity Of the law.
Here the beloved president has been
stricken DIVA in the sight of thou
sands and when the president said,
Let no ~ hurt him, he was taken
in and giyaa the benefit OF The law and
comes to you for your verdict TO his
guilt or innocence President Mckinley
came to visit Us 2ld meet US and in
our midst was stricken down And yet,
l am here firmly convinced that the
man who did it was not mentally re-
sponsible for his act. The law gives
man the promise of being considered
innocent until he is proven guilty. If
he be insane, then the law declares him
innocent of the crime. We have not
been aided by the defendant in our de-
tense. We all know that every man
longs to live, and so must this one.
believe no sane man could have done
as this man has done-by striking
down our beloved president"
Judge Lewis had not been talk<g
ten minutes when he filled with emo
zion. His voice was choked with tears.
II was fully a minute before he could
proceed.
District Attorney sums Up.
Several Of the jurymen we're in tears.
Il was remarkable scene II never
had a precedent in any court room in
this land Women in the court room
cried bitterly. Judge Titus then said