The Washington times., 1901-09-17
CZ0LG0SZ MUTE IN COURT.
Assassin Refuses to Answer or
Plead to the Indictment.
No Time Lost by the Grand Jury In
Finding True Eiii-Emincnt
Counsel Assigned to Defend Pris-
Oner-To BE EenrrRiEned Today.


BUFFALO. n. V. Sept. 16.-Czoigosz,
the assassin OF the President. was brought
into court a little before o'clock this
evening, an indictment against him hav-
ing been reported at i:f0 O'Clock. To the
questioEs of the district attorney and
the court he would make no answer.
standing with downcast eyes and an air
half stupid and half defiant.
Judge Emery thought best to assign
counsel to him before asking for his plea
and two former Justices of the Supreme
Court were designated to defend him.
These men were selected by the Bar As
sociation of Erie County at the sugges-
ton of Judge Emery. They are Lorraine
l.. Lewis, a Republican. who served in
the State Senate and on the bench of this
district, and was retired by age iimita-
tions, and Robert C. Titus. Democrat,
who also served in the State Senate and
on the Supreme Bench.
Neither had been consulted before this
action was taken, but IL is assumed they
will take the responsibility in the interest
of fair trial and a dignified conduct of
the case.
The grand jury took up the considera-
tion of the case at 10 o'clock this morning.
man Mynter, who assisted in the opera
ton on the President. He was followed
by Dr. II. r. Gaylord, who performed the
autopsy. DR.. Matzinger. who assisted DR..
Gaylord, and DIR. Matthew d. Mann. the
first surgeon in the case. followed them.
Then came a dozen witnesses of the as
sassin's crime. including Henry f. Hem
shaw, director of music at the Temple of
Music; Captain Dameron and Captain
Merkle, of the Exposition police; Frank
p. OBrien. who seized the Presidents
assaiiant; Capt Louis Bertschey and Pri-
yate Fennenbaugh, of the artillery: Mrs.
Van Dusen Davis. colored woman. who
saw the crime; Z. c. Knapp, Detective
Valley. superintendent Bull and his as
sistant, Mr.. Cusack, Detectives Geary and
Sullivan, and Louis L. Babcock and
James l.. Quackenbush. BY this time the
grand jury was beginning to show its
anxiety to record its judgment against
the assassin, and asked the district at
torney not to present any further ev!-
dence.
The case was complete. The grand jury
had heard descriptions OF the crime, the
course and effect of the bullet, and the
story of the autopsy. 1t was prepared
to find an indictment, and it hardly needs
first degree was unanimous and almost
instantaneous.
The district attorney had prepared the
indictment charging murder in two
counts. The jury filed into the County
Court at $40 oclock and made its report.
But Czolgosz was not then in court, SO
the Indictment was received as a secret
one, the jurymen were excused. and the
judge retired to his private office.
Here Judge Emery consulted with Dis
trict Attorney Penney and AdeIbert Moot.
President of the Bar Association. The
Executive Committee of the Bar Associa-
ton previously held a meeting and ad-
dressed this letter to Judge Emery:
Buffalo, N Y. Sept I6, 1901.
ITO Hon. Edward K. Emery, County
Judge of Erie County, Buffalo, N. Y:
My Dear Sir: 1t is the request of
the trustees of the Bar Association OF
this county that we write you this let
ter with reference to tho assignment
of consent for Leon Czolgosz, should
it become your duty to assign counsel
for him, as now seems probable. We
deem it of the utmost Importance that
the counsel assigned shall be men of
such experience and of such a high
sense of their professional obligations
that the highest traditions cf the pro-
fession shall be upheld. and that trial
shall be dignified. just, and impartial.
with the earnest desire of assisting
you in securing counsel for the defence
In this case of the character and po-
sition which we have indicated, We re-
spectfully suggest that the Hon.
Lorraine l.. Lewis and Robert c. Titus.
ex-justices of the Supreme Court of
the State of New York. be assigned as
counsel and be requested to act The
suggestion is made without consuita-
ton with these gentlemen but 1t is
earnestly hoped and confidently be-
lieved that they may be persuaded to
accept the assignment. If this course
should meet with your approval. Very
'.ADELBERT MOOT,
president Erie County Bar Asso-
citation"
While this consultation was going on an
order was sent to the superintendent OF
police TO bring Czolgosz to court The
crowd in and around the city hall was
small. as the impression had been given
out that Czolgosz would not be brought
to court today. The chief of detectives.
Mr.. Cusack. brought Czolgosz through the
tunnel to the basement of the city hall
A telephone message had been sent to
Captain Regain to bring troop of his
police men to the city hall to protect the
prisoner as he was brought up the stairs
There was no occasion for this, because
CZolgosZ had reached the court room In
safety before the captain and his men
charged up the long flight of marble
stairs as If they intended to take the city
hall by storm. CZolgosz was handcuffed
between Detectives Solomon and Geary.
Half a dozen detectives and policemen
surrounded the prisoner and his guard.
Judge Emery returned to the bench as
Czolgosz was brought in. The assassin
wore a black pair of trousers and coat
of gray striped stuff. a white shirt and
collar but no necktie. His hair, which
is rather long. brown and inclined to curl,
looked as If d comb had not touched it
during his Imprisonment. He has not been
shaved since he was arrested, and his
beard was heavy and darker than his
hair and added to his unkempt and dirty
appearance.
In spite of all this. his youthfulness
impressed everyone as he stood there in
the clear light of the setting sun that
came through the west windows of the
court room. His face lacked expression
He did not seem frightened. His manner
Czolgosz stood in the centre of the
court room, still ironed to the detectives.
The curious crowd closed in on him and
the officers had to drive the people back.
District Attorney Penney stepped up in
front of him and asked:
'Czolgosz. have you a lawyer"
THE assassin did not shift his eyes and
youchsafe fed no answer.
"Czolgosz," said the district attorney in
a louder voice, you have been indicted
for murder in the first degree. Do you
want a lawyer?''
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