The daily morning journal and courier., 1901-09-25
sible for the act he committed. That question is one which you are called on

question is one which you are called oi l to decide
 | The law presumes the defendant in
 nocent until he is proven guilty ant
 we start with the assumption that tbt l defendant was not mentally responsibl, 1 TOT the crime he commit ted We have
 not been able to present any evidence 1 upon our part. The defendant has ever
 refused on almost every occasion to tall with his counsel. He has not aided us | so we have come here unaided to con- l slider this important question. But l know there is in every human being g strong desire to live. Death is a spec tre that we all dislike to meet, and here 1 this defendant without having any ami mostly against our president, without ! any personal motive so far as we can see, committed the act which, if he was sane, must cause his death. How can
 a man with a sane mind perform such
 an act? The rabble in the streets will say no matter whether he is insane or | not he deserves to be killed. The law, however, says that you must consider the circumstances and see if he was in his right mind or not when he commit tcu lliG oSGu IL you llIlu lie Wdo Alol responsible you would aid in lifting a
 great cloud from the minds of the peo-
 pie of this country. If the beloved
 president had met with a railroad acci-
 dent and been killed our grief could not
 compare with what it is now. If you
 find that he met his fate through the
 act of an insane man it is the same as
 though he met it by accident. l had
 the profoundest respect for President
 Mckinley. I watched him in congress
 and during his long public career, and
 he was one of the noblest men God ever
 made. His policy we care nothing about
 but it always met with my profoundest
 respect. His death was the saddest
 blow to me that has occurred in many years"
 Ex-Judge Lewis was crying when he
 finished and the eyes of many of those
 in the court room were filled with
 tears. Ex-Judge Titus then arose and said that eX-Judge Lewis had so con- pletely covered the ground that it seemed entirely unnecessary for him to reiterate it, and he would therefore rest.
 At S:10 District Attorney Penney be- gan summing up. He spoke in clear, well modulated voice and every word could be heard in any part of the room. He said:
 Tt is hardly possible for any man to stand up and talk about this case without the deepest emotion. It was upon the world.
 we have shown you how this de- fendant stood in the Temple of Music that afternoon and shot down our be- loved president. We have shown you how he deliberated on and planned this awful crime We have shown you how he attended anarchistic and socialistic meetings at which were sown in his heart the seeds of his terrible act.
 ''The counsel for the defense says if the defendant was sane he was respon- sible and that if he was insane he must be presumed to be innocent. He tells you that is a presumption of law. It S also a presumption of law that every nan is sane until proven insane. Evi- Hence tending to show that the pris- 1ner was insane has not been forth coming, it has been proven that he was he agent of the crime, and there should De no question in your minds as to the of the defendant.
 This is no time for oratorical dis play. Counsel for the prisoner and my jeff have endeavored to eliminate all | from this case It is | lot my intention to indulge in extended | emarks. You understand the respon- l ibility resting upon you. The counsel | ,as said there should be no lynch law l n this state. He has told you that | he people of Buffalo are to be com nended for the spirit displayed by hem since the murder of the president i ut the law must be vindicated This 1 errible thing has happened because here are people in this country who, nless they feel the irrisistfble force of | rompt and proper action in this case, omething awful will happen to our be- lved country.
 When I think, gentlemen, of that rand man who stood but few days go in the Temple of Music and how e came from the lowly walks of life; ow he was first a school teacher then
 lawyer, then judge, governor, a congressman and then a president of he United States and above all lov- lg husband, and that on the last day hen he said-It is Gods way; good ye all, good bye man so great that e could raise his hand and save his wn assassin, man who could shake l le hand of even the very worst man ou could imagine, I am filled with deep notion. Tt is a great lesson that so great | an can stoop so low, that he was so "eat that he could forgive his own as- lssin. He was the noblest man, I be- eve, God ever created. A man who | ood near him in the Temple of Music id to me: I have travelled in all lrts of the world and have seen peo- : e assembled to greet their rulers, but hen I saw the people stand in the ilroad stations and along the coun- y through which the funeral train lssed that they might get look at e casket of this great man, was con- need as never before that there is oh thing as a national heart That national heart was broken and | ai it. It was broken by a class of ople who are coming to our country
 increasing numbers and while har- red by our laws, are propagating | U cir malicious views; a class of people at must be taught that we have no T ham nIoc |