Evening star., 1901-09-25
GUILTY OF MURDER
Verdict Of Jury Who Tried President
McKinley's Assassin,
SENTENCE DEFERRED TILL THURSDAY
Swift Justice Melted Out to the
Wretch at Buffalo.
HE'S OF COUN sell

p u Il ~ II d . " h w " N . II II
Leon F. CZolgosz, alias Fred Nieman
was found guilty of murder in the first de-
gree by jury in part Of the supreme
court in Buffalo, New York, yesterday
afternoon. He was charged with having,
on the 9Th day of September, shot Presi-
dent William Mckinley, the wounds in
fiicted afterward resulting in the death of
the President
The trial of the assassin consumed eight
hours and twenty-six minutes, and covered
period of only two days. Practically all
of this time was occupied by the prosecu-
ton, presenting a case so clear, SO con-
elusive, that even had the prisoner entered
the plea of insanity it is doubtful if the
jury would have returned verdict differ
ent from the one rendered.
The announcement made previously by
the attorneys for Czolgosz that the emf
nent alienists summoned by the Erie Coun-
ty Bar Association and by the district at
torney to examine Czolgosz and to deter
mine his exact mental condition had de-
clared him to be perfectly sane destroyed
the only stage of defense that Judges
Lewis and Titus could have put together.
Before adjournment Justice White an
nounced that he would pronounce sentence
upon the defendant on Thursday afternoon
at 2 o'clock.
At 2:44 pm. District Attorney Penney
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 Czol-
gesz was a surprise to him and his col
league They had witnesses to call for
the defense. He asked the court that he
be allowed to address the jury at once.
TI,n ,rf t4l -, Ii
jurist began address that will long be
remembered by those who heard it. Judge
Lewis said:
Judge Lewis Remarks
of the Jury: calamity has
fallen upon this nation through the act of
this man, but the question is whether his
act was the act of an insane man. If an in
sane man, 1t is not murder and he should
be acquitted of that charge. He would
then, of course, be transferred to an in
sane asylum.
much discussion has occurred in our
midst, and has been called to my attention,
as to the propriety of any defense being
interpoSed in this case Many letters have
been received by me since l was assigned
with my associate to defend this man
questioning the propriety of a defense be-
ing attempted You gentlemen know per-
haps, how 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 it was an exceedingly
diSagreeable one.
His honor the judge who presides at this
trial as justice Of the supreme court is
here because the law makes it his duty to
sit and preside at this trial
Our very distinguished and able dis
trtet attorney has prosecuted this action
because the law makes it his duty to do
SO. You, gentlemen, are sitting there be-
6n1 TO +.
and under our system Of jurisprudence it
was your duty to sit here, hear the testi-
mony In this case and perform the duty
Of determining whether this man ise to be
executed or to be set free.
The defendants counsel appear here be-
cause, under our system of Jurisprudence
no man can be placed on trial for the high
crime Of murder, the penalty Of which, un-
der the law, is death, without he has the
assistance of counsel. The court has the
power to designate counsel, and it is the
duty of the counsel thus designated to ap-
pear In the case unless they can make
some reasonable excuse and succeed I'm be-
ing relieved of the duty.
The Duty of the Lawyer,
Gentlemen, when they become members
of the legal profession they become MEM
bers of the court. They are compelled. If
assigned, to defend a criminal, or rather
the one who is charged with a crime.
the duty unless they can present some
reasonable excuse, and If they refuse to
perform that duty they are guilty of a
misdemeanor and are liable to punishment
by the court.
so you see, gentlemen, If any simple
MINDED, thoughtless person should enter
tain the notion for minute that the
counsel who appear In this case are doing
something which they ought not TO do
that person is laboring under very serious
misrepresentation as to the duty devoIying
upon lawyer. The defendant no matter
how serious crime he has committed is
entitled, under our laws. to the benefit of
trial. In the case OF murder he must
have a trial.
"You sat here and listened to the de-
fendant's plea of guilty when he was ar
rafgned at the opening Of this term, but
the law Of our state will not permit him
to plead guilty to such crime as this.
The law is SO careful of the rights of its
citizens that 1t will not permit man to
plead guilty to this crime of murder. so
that, even after he had conceded his guilt
in this case, 1t was incumbent upon the
court to insist that the trial should pro-
ceed and that the people should establish
beyond reasonable doubt that the de-
fendant was guilty of the crime charged
against him.
There are in our country individuals
not. 1 hope, In any very large numbers, but
we know they are scattered all over the
country, who think that in a case like
this, or even in charges of much less de-
gree, 1t Is entirely proper that the case
should be disposed of by lynch or mob law.
We can hardly take up a paper without we
learn that In some part of this free and in
dependent country some man has been
murdered on the suspicion or belief that
he was guilty of some crime. This state of
things does not exist In our community,
but it does in some parts Of our state, as
every intelligent man knows.
Other Kinds of Anarchy.
"It is charged here that our client is an.
anarchist. a man who does not believe in
any law, in any form Of government And
there are, so we are told. other individuals
who entertain that opinion. We all feel
that such doctrines are dangerous, are
criminal. are doctrines that will subyert
our government In time il they are al
lowed to prevail.
Gentlemen OF the jury, while / believe
firmly in that don't believe It creates
danger to this country equal to the belief,
becoming so common. that men who are
charged with crime shall not be permitted
to go through the form of trial in a.