The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-09-25

man has stricken down the beloved
President of this country. in broad day.
light, in the presence of hundreds of thou
sands of spectators. If there was ever
case that would excite the anger, the
wrath of those who saw it, this was one
and yet, under the advice of the Presl-
dent Let no man hurt him. he was
taken, confined in our prison, indicted.
put upon trial here and the case is soon
to be submitted to you, as to whether
he is guilty of the crime charged against
him. That, gentlemen, speaks volumes
in favor of the orderly conduct of the
people of the city of Buffalo.
"Here was a man occupying an exalt-
ed position, a man Of irreproachable
character he was man who had come
here to assist us in promoting the pros
perity of our great exposition. And he
was shot down while holding reception.
"His death has touched every heart in
this community and in the whole world
and yet we sit here and quietly consider
whether this man was responsible for
the act he committed. That question is
one you are called on to decide.
1T LOOKS LIKE INSANITY.
"The law presumes the defendant inno-
cent until he is proven guilty and we
start with the assumption that the de-
fendant was not mentally responsible
for the crime he committed. We have
not been able to present any evidence
upon our part. The defendant has even
refused on almost every occasion to talk
with his counsel. He has not aided us
so we have come here unaided to con-
slider this important question. But | know
there is in every human being a strong
desire to live. Death is a spectre that
we all dislike to meet and here this
defendant without having any animosity
against our President, without any per-
sonal motive, so far as we can see, COM
mitted 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
committed the deed. If you find he was
not responsible you would aid in lifting
great cloud from the minds of the
I.
President had met with railroad acci-
dent and been killed, our grief could not
compare with what it is now. If you
find he met his fate through the act of
an insane man it is the same as though
he met it by accident / had the pro-
foundest respect for President McKin-
ley. l watched him in Congress and
during his long public career. and he
~
made. His policy we care nothing
about, but it always met with my pro-
foundest respect. His death was the
saddest blow to me that has occurred
in many years
JUDGE LEWIS IN TEARS.
Judge Lewis was crying when he fin
ished and the eyes of many of those in
the court room were filled with tears.
Judge Titus then arose and said that
Judge Lewis had so completely covered
the ground that it seemed entirely un-
necessary for him to reiterate it and he
would therefore rest.
District Attorney Penney Sums Up.
At 3:1O District Attorney Penney be-
gan summing up. He spoke in clear,
| well modulated voice and every word
| could be heard in every part of the
room.~~ lie said:
1T is hardly possible for any man to
stand up and talk about this case with
out the deepest emotion. 1t was the
most awful tragedy that ever came up
| on the world.
I'VE have shown you how this de-
fendant stood in the Temple of Music
| that afternoon and shot down our below
ed President. We have shown YOU how
! he deliberated on and planned this
i awful crime. We have shown YOU how
| he attended anarchstic 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
| CzOLGOSZ RESPONSIBLE.
'It is also presumption of law that
every man is sane until proven insane
Evidence tending to show the prisoner
was insane has not been Forthcoming
1t has been proven that he was the agent
of the crime, and there should be nc
question IN your minds as to the re-
| sponsibilitN of the defendant.
This is no time for oratorical dis
| play. Counsel for the prisoner and my
self have endeavored to eliminate all
sensationa!ism from this case. 1t is not
my intention to indulge in extended re-
marks. Ycu understand the responsible
| ity resting upon you. The counsel has
said there should be no lynch law in this
State. He has told you that the people
of Buffalo are to be commended for the
| spirit displayed by them since the mur-
der of the President, but the law must
| be Vindica ted. This terrible thing has
| happened because there are people in
this country who unless they feel the
irresistible force of prompt and proper
action in this case, will cause some
thing awful to happen to our beloved
country.
! A TRIBUTE TO M'KINLEY.
Think, gentlemen, of that grand
man who stood but a few days ago in
the Temple of Music and how he came
| from the lowly walks of life how he
was first school teacher, then law
yer, then judge, a Governor, a Con-
4 ~tsnr Al h a l.