The Savannah morning news., 1901-09-22
TRIAL OF CzOLGOSZ
WILL BEGIN TOMORROW MORNING
IN BUFFALO.
NO TIME WILL BE LOST.
HIS COUNSEL ACCEPT AS A MATTER
OF DUTY ONLY.

Shirk It-They Desire "A Jury OF
Substantial Men-Witnesses Have
Been Subpoenaed and All Ar
rangements Made to Proceed with
the Trial at the Time stated-At-
torney Charles E. Ladd Appointed
10 Assist Defense.
Buffalo, Sept 21.-Former Justices
Loran L. Lewis and Robert c. Titus
of the Supreme Court to-day accepted
their assignment as counsel to defend
Leon f. Czolgosz. indicted for murder
in the first degree in killing President
Mckinley. They do not at present know
of any reason why they will not be
ready for trial next Wednesday morn
ing when District Attorney Penney
moves the case for trial in Part III of
the Supreme Court, whence it was trans
ferred to-day by order of Judge Emery
ir the County Court who also appoint
ed 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 until to-day. Judge Titus con-
ferred with Judge Lewis in the latter's
office for half-hour this morning, af-
ter which Judge Titus announced that
they had decided to conduct the de-
fense of the prisoner.
Neither Judge Lewis nor Judge Titus
would discuss the subject of the de-
fense to be interposed. and both stated
that they had not given the question
of insanity any thought. They said
l.
view with the assassin in the jail, I'M
less they were informed that he de-
sired to see and talk with them. How
ever, they said, If the prisoner contin-
ued his stubbon refusal to talk to his
counsel, ii would not make any diff
ference in regard to preparing his de-
fense. The attorneys have not as yet
decided whether or not to request the
court to appoint alienists to examine
into the mental condition of the pris-
oner, but stated that if such 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 upon the district
attorney at the City Hall and con-
ferred with him for twenty minutes.
after which Mr.. Penney accompanied
them into the County Court.
Another Attorney Appointed.
Judge Lewis addressed Judge Emery
stating that he and Judge Titus had
decided not to ask to be excused, al
though they accepted against their
wishes, but that they did not see their
way clear to shirk their duty. He said
that there was a great deal of work
to be done in the case which neither
he nor Judge Titus should be COM
PEELED to perform. He urged that
younger lawyer be assigned to assist
them and suggested Attorney Carlton
e. Ladd, who, Judge Lewis said, was
formerly a clerk in his office. Mr.. Pen
ney 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 assignment. Judge
Emery then granted an order appoint
ing Mr.. Ladd and also granted the dis
trict attorneys motion for the formal
transfer of the indictment to the Su-
preme Court for trial, as the county
court has no jurisdiction to try murder
indictments.
District Attorney Penney has no
ticed the case for trial in Part III,
of the Supreme Court. at 10 o'clock
next Monday morning. Witnesses
have been subpoenaed and all arrange
ments 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
Childs, the senior justice of the judi
cial district should be asked by the
other justices to preside, which is not
at all probable.
Counsel for the defense stated to-day
that they would not delay the trial un-
necessarily in securing a jury. and that
all that they would insist upon would
be that the jury be composed of sub
stantial men who, though they have
opinions, would give the prisoner a
fair and impartial trial upon the evil
dence.
CxoIgosz Sees His Counsel.
At $3.50 Czolgosz was brought from
the jail to the private office of the dis
trict attorney, where his counsel, JUS
tices Lewis and Titus, were awaiting
him.
Later DIR. Carlos f. Mcdonald of
New York, an alienist, formerly head
of the State Lunatic Commission, was
admitted to the conference, of which
the district attorney was also a party.
Ten minutes later Mr.. Mcdonald was
left alone with the prisoner DIR. Nc
Donald was called here by the Bar AS
sociaton.
Examined by an Expert.
The prisoner sat at the end of the
district attorneys desk and DR.. Nc
Donald sat in a chair directly in front
of him, STOPPING down and peering into
Czolgosz's face. They remained alone
for exactly half an hour, when the
prisoners attorneys again entered the
room. Five minutes later they came
out and Judge Lewis left to catch the
train for his summer home at Lewis
ton. When questioned as to whether
or not the prisoner would talk to his
as he had refused when Judge
the arraignment to say a word, the
venerable Judge said:
"He is talking more freely, but he
is not voluble chap. He said nothing
upon which we might work in basing a
defense"
At ABS o'clock Czolgosz was taken
back to the Jail via the tunnel, hand
cuffed to Detective Solomon.
Czolgosz had been shaved since his
last appearance before Judge Emery in
the County Court, when his plea of
not guilty was entered, and presented
much better appearance. The appar-
ent affectation of unconsciousness OF
surroundings seemed TO have left the
prisoner, and II was noticeable that he
did not keep his head bent forward
and his eyes looking only at the floor,
as he passed to and from the examina-
ton. lie walked more sprightly, and