The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-27
DEFENDANT SHOWS NO CONCERN
h Trfal-No Evidence for the De
the Case-He Declares Lynchers a
Than Acknowledgement OF Prosecu-
tor Penny-The Judges Charge-To
be Sentenced

the supreme court. in having on the 9Th
day Of September shot President Nc
Kinley, the wounds inflicted afterwards
resulting in the death of the president.
The wheels Of justice moved swiftly.
The trial of the assassin consumed
eight hours and twenty-six minutes and
covered a period of only two days.
Practically all OF this time was occu-
pied by the prosecution presenting a
case so clear. SO conclusive hat even
had the prisoner entered a plea of in
sanity it is doubtful if the jury would
have returned a verdict different from
the one rendered today.
The announcement made this after
noon by the attorneys for Czolgosz, thu
the eminent alienists. summoned by the
Erie county "a association and by the
district attorney to examine Czolgosz
and to determine his exact mental con-
dition. had declared him to be perfectly
sane, destroyed the only stage Of a de-
Tense that Judges Lewis and Titus
could nave put together.
Before adjournment Justice White. an
ounce hat he would pronounce SEN
tence upon the defendant on Thursday
afternoon at 2 o'clock. The prisoner
was taken at once through the tunnel
under Delaware avenue, back to the
jail.
To all appearance he was in no way
affected by the result of the trial.
The crowd gathered at the city hall
today was the largest which has seen
him since his arraignment. People were
lined up on both sides OF the big rotun-
ia on tha cpnnnd f0s,~ xuhnra tho count
convened, and fringed the stairs lead
ing from the floor above. There was
no demonstration except that of Gu
riosity. A large number Of women wit
messed today's proceedings.
At 2:45 o'clock this afternoon, Dis
trict Attorney Penny abruptly announc-
ed that h case of the prosecution was
ended.
Judge Lewis arose slowly and, adj
dressing he court. said hat the sudden
close of the case against CZolgosz was
q, surprise to him and his colleague.
They had no witness 20 call for the de-
Tense. He asked the court that he be
allowed to address the jury at once. The
court consented and the venerable jul
rist began an address that will long be
remembered by those who heard it.
JUDGE LEWIS SPEECH.
Judge Lewis said:
Gentlemen of the Jury: A calamity
has fallen upon this nation through the
act of this man. but the question is
whether his act was the act of an in
sane man. If an insane man, it is not
murder and he should be acquitted of
that charge. He would then, of course,
be transferred to an insane asylum.
Much discussion has occurred in our
midst and has been called to my atten-
ton, as to the propriety Of any defense
being i~nterposed in this case. Many let
farc hoI-a hnon ranaINn6 hU n since /
was assigned with my associate to de-
fend this a questioning the proprie-
ty of a defense being attempted. You
gentlemen know. perhaps, o Judge
Titus and myself came into this case.
The position was not sought by us, but
we appear here in performance Of a
duty which we thought devOlved upon
us Notwithstanding 1t was an exceed
ingly disagreeable one. The defend
ants counsel appears here ecause, I'M
der our system of jurisprudence, no
man can be placed on trial for the high
crime of murder, the penalty of which,
under the law is death. without he has
the assistance of a counsel. The court
has the power to designate counsel and
it is the duty of the counsel then des-
ignated to appear in the case, unless
they can make some reasonable excuse
and succeed in being relieved of the
duty.
Inc u61euudhl- III llldtlCA " z
ious a crime he has committed, is en-
titled under our laws to the enefit of
a trial. In the case OF murder he must
have a trial. You sat here and listened
to the defendants plea of guilty when
he was arraigned at The opening Of this
term, but the law of our state will not
permit him to plead guilty to such a
crime as this. The law is so careful
of the rights Of it's citizens that it viii
not permit a man to plead guilty to this
crime of murder: SO that, even after he
had conceded his guilt in this case, il
was incumbent upon h court to insist
thai the trial should proceed and that
the people should establish beyond E
reasonable doubt that the defendan'
was guilty of the crime charged agains
him.
There are in our country individuals
not, 1 hope. in any very large numbers
but we know they are scattered al
over our country, who think that in
case like this or yer in charges o
much less degree. it is entirely prope
that the case should be disposed off b.
lynch or mob low. We can hardly TAX
up a paper without we learn that II
some part of this free and Independent
country, some man has been murdere'
on the suspicion or belief that he wa
guilty of some crime. This state o
things does not exist in our community
but it does in some parts of our stat
as every intelligent man knows.
cit is charged here that our client i
an anarchist. a man who does not be
lieve in any law or in any form of gov
ernment; and there are. so we are told
other individuals who entertain tina
opinion. We all feel hat such doctrine
are dangerous. are criminal, are doc
? trines that will subvert our government
in time if they are allowed to prevail.
!; Gentlemen of the Jury; While 1 be
lieve firmly in that. I Ion believe
/ creates a danger to this country equf
) to the belief, becoming SO common thu
men who are charged with crime sha
Il not be permitted to go through the forI
, of a trial in a court Of justice, but thu
l lynch law shall take the place of tn
, calm and dignified administration {
he law by our courts Of justice.
when that doctrine becomes SUI
iciently prevalent in this country, If
ever does. our institutions will be 81
aside and o~verthrown. and Ii we al
not misinformed as to b state Of mir
11~ro IN cnynn norf0 ~ M