The Montgomery advertiser., 1901-09-17
CZOLGOSZ
 INDICTED Slayer of the President FeignS Insanity. COUNSEL IS ASSIGNED Prisoner Refused to Answer
 Any Questions. District Attorney Says He Hopes to Have the Assassin Arraigned
 For Trial Today-auick Work Expected.
District Attorney Says He Hopes to

Buaffalo. Sept. l6-Leon Czolgosz, alias Fred Nieman. was indicted today by the county court grand jury for the crime of murder in the first degree in fatally shooting President William Mckinley at the Temple of Music in the Pan-Ameri- can Exposition grounds at 4:15 o'clock on afternoon of September sth.
 When srraigned before Judge Emery in the court. the prisoner stubbornly re- fused 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. inasmuch as the defen- dant refused to answer, counsel should be assigned
 Judge Emory assigned Hon. Loran L. Lewis and Hon. Robert c. Titus. former Supreme Court justices. of this city, whose names had been suggested by the Erie County Bar Association.
 Ccolgoss probably will be arraigned again tomorrow morning to plead to the indictment.
 District Attorney Penny 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 witnesses in the order in which they appeared to testify is as fol- lows:
 Dr, Herman Mynter, Dr. H. R, Gaylord, pr. H. c. Matzinger, Dr. M. D. Mann, Secret Service Detective Gallaher. Attor- ney James L. Quackenbush, Attorney Louis L. Babcoch. Harry Hinshaw. Cap tain Damer and Patrolman Merkel of the Exposition Guards; Corporal Louis Bertohey and Pyivates Neff. O'Brien, Fem nenbaugh and Brooks of the 73rd United States Seacoast Artillery: E. c. Knapp, Mrs. vandenbergh Davis. John Branch. a sceIoged porter: Gaptsin Kaliely, chief of the Exposition detectives: supefinten lent Bull and Assistant Superintendent P. V. Cusack. of the local police department; Fred Leighter. Charies J. Close, Exposi- ton Guards westenfelder and James and Detectives Geary and Solomon of. this city.
 At 4.15 o'clock this afternoon, just exactly ten days after the shooting, the grand jury voted unanimously to indict Czolgosz for murder in the first degree.
 At Al the secret indictment was pre- scented to Judge Emory in the County Court
 Then ensued a walt of an hour. but the rumor that the murderer was to be arr ralgned spread and in a short time the court room was crowded Great secrecy was maintained as to the place of con finement of the prisoner, but 1t is believed that he was locked up in the temporary fail at the Erie County penitentiary where prisoners have been kept while the jail has been undergoing repairs. After the indictment was reported the prisoner was driven from the peniten- tiary, a mile from the city ball. te the jail across the street from tho hall. Czolgosz was then taken under str ong guard from the jail through the tunnel under Delaware Avenue to the basement of the city hall and up the stairs to the court room on the second floor.
 The prisoner was shackled to a detec- tive. and another detective held his other arm; Assistant Superintendent Cusaek marched in front and a number of patrol men 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
 Czolgoss is of medium height. of fairly good build and has light curly hair. but gave him an unkempt appearance Ap- parently he feigned insanity, not stupid ity, and his glance roamed around, but his eyes were always downcast. Not or the judge in the face.
 "CZolgosz. have you got 2 lawyer DO you wish a lawyer! Hcu have been in- dlcted for murder in the first degree, do YOU want the lawyer to defend you? c solgosz. look at me and answer"
 District Attorney Penny fired these at the prisoner his veics tis1ng rg,sI wItn st,h sSGn bornly refused to answer. The District Attorney suggested that counsel be as- signed to defend the prisoner, and as- certain what he had better do as to his plea to the indictment before arralgnment Judge Emory then asked the prisoner at the bar if he had counsel, but there was no answer, despite the fact that the peace 'ofIlcers told him the judge was speaking and that he must answer. Ine court then sad:
 "Czoigosz, you having appeared for ar raignment in the court. without counsel, the law makes 1t the duty O. the court to assign counsel. The Bar Association of our county has considered the mat ter, and suggested the names or certain signment. The court has seriously con- sidered the question. and after much con sideration has concluded to follow the suggestion made by the Association. The court therefore assigns the Hon. Loran L. Lewis and the Hon. Robert c. Titus as your counsel.
 Judge Emory directed the officers to notify the attorneys and remove the pris- oner.
 CzoIgosz was handcuffed to the de- tectfves who started out of the court room with him. The crowds surged after them, but found the exit barred by po- Iicennen. Outside the court room door inc prisoner was surrounded by police men and hurried to the jail across Del aware Avenue. Whether he VI left there for the night or taken fsewhere the police refused to say.
 District Attorney Penney said that Jus tices Lewis and Titus would be notified, and given an opportunity to talk with inc prisoner and that he hoped to arraign Czolgosz tomorrow.