The Washington times., 1901-09-24

killed William Mckinley contrary to law.
How do you plead?
scarcely audible, He spoke with an et-
fort.
BY the court-That plea cannot be ac-
cepted In this court. The clerk will enter
plea of not guilty, and we will proceed
with the trial.
Mr.. Penney-This defendant appeared in
the County Court last week and at that
time Judge Emery assigned as his coun-
sci the Hon. Loriu /. Lewis and the Hon
Robert c. Titus, and his associate. Mr..
I.add, to attend to the case and ascertain
the rights that this man had and to put
in such defence as to them they deemed
best. They are here. | suppose, TO attend
to that duty in this court this morning.
/ will ask your honor to confim that as
signment.
Judge Titus-If the court please. 1t has
been thought best by my distinguished as
scciate and myself and my young friend,
that something should be said. not in the
way of apology, but as reason why We
are here in defence of this defendant. At
the. time we wero assigned. l was out of
the city. Ind neither OF my associates
was consulted about the assignment |
at first declined absolutely to take part
IN the defence of the case, but subse-
quently it was made to appear to Judge
Lewis and myself that it was duty
which we owed alike to our profession
tc thc public and the court that we ac-
cept this assignment, unpleasant tnough
the task is for u.s. and we therefore ap-
,1ear in accordance with that assignment
to see that this defendant, II he is guilty,
is convicted only by sucn evidence as the
law of the land requires in cases of tins
character. and that. in the trial of this
case, the forms of law shall be observed
in every particular and that no act or no
bit of evidence shall be introduced here
upon the trial of this case and accepted
against this defendant unless it is such
as would be introduced and accepted upon
the trial of the .neanest criminal in the
smallest case
The Counsel Reappointed.
BY the court--It certainly accords with
the views Of this court that gentlemen
like yourselves should have been appoint
ed by the county court to defend this
prisoner 1t gives to the public and the
courts and those engaged in the admin
istration of the law absolute assurance
that the prisoner will receive fair treat
ment during the progress of this triali
and that he will meet with such justice
as 1.-The law demands in his behalf as he
is assured by the fundamental law of the
land The plea of guilty, which has
been entered by the prisoner. indicates.
as the court looks upon it, that he himself
anticipates no escape from the penalty
which the law prescribes. Here the as
ssssin neryously fingered his chaif.l OF
coarse, that plea cannot be accepted, and
the. progress of the trial should be the
same in my judgment as though he him
self had entered plea of not guilty. 1
sure YOU gentlemen VIII protect MIN
TO the same extent that you would II you
were retained for a munifcent compen-
saticn to do the duty which you are un-
dertaking to do now. Some question has
been raised and discussed in the public
prints, at any rate. as to the jurisdiction
OF the county court to appoint you gem
tiemen. 1t is my pleasure to not only
confirm but if it should be deemed neces-
sary, appoint and designate you gentle
men to me task which you have set out
to perform.
Mr. Penney-I move the trial Of the
defendant. Leon F. Czolgosz, your honor.
The examination of talesmen as TO their
qualifications to sit jurors was then
begun. The district attorneys usual
questions to all were:
DO you believe in the present form of
Government in the United States? Do
You believe in capital punishment? If
selected as a Juror in capital case and
We're convinced of the guilt of the prison.
wfhstanding that the penalty is death?
DO you Know of any reason why You
would not make fair juror in this case?'
Inc questions OF the assassin's counsel
were directed only to ascertain If the
talesnlan had an opinion which could be
removed by evidence and if he would vote
Tor acquittal If there was reasonable
doubt of the defendants guilt
The first tales-aan called was Frederic
". Lauer; sod German citizen.
living children and was accepted as the
first Juror.
Judge Titus, who is seyenty-six vears
Old examined most of the talesmen for
the defence, showing activity OF TrIIIIu
ana body of a man thirty years younger.
the court
The assassin rose.
Juror, lock upon the prisoner Pris-
oner look upon the Juror" commanded
the clerk As the assassin and the first
juror stared at each other the clerk ad-
ministered this oath:
You do solemnly swear that you will
well and truly try and true deliverance
make between the people of the State of
New York and Leon F. Czolgosz, alias
Fred Nieman, defendant whom you shall
have in charge. and a true verdict rem
der. according to the evidence, so help
you Cod
other Jurors Accepted.
Richard j. Garwood, contractor, was
the second juror accepted Judge Lewis
asked him this question: Suppose it
should appear on this trial that there was
reasonable doubt as to the sanity of
the defendant at the time this act was
committed, do you think that your mind
is in such condition as to give him the
benefit of that doubt?'
Yes. sir.
The next juror accepted was Henry W.
Wendt. one of the proprietors of ;he Buff
falo Forge Company. Two talesmen were
excused and Silas GARNER. a full-bearded,
white-haired farmer, was accepted He
said he could find an honest verdict, no
matter what the people might think of it
Henry B. Tauber was asked If he had
expressed an opinion as TO how the as
sassin should be dealt with
The Court-Judge Lewis. pardon the in
terruption. ] doubt the propriety Of
pressing an answer to that.
MIR Lewis-Yes. Well, / am not going
to press that question very much l only
want to see what sort of man We have
here.
He was excused Denis T. O'Reilly, a
He insurance agent was challenged by
the people. Assemblyman George Ruehl
was one of the talesmen excused by the
defence for cause
James S. Stygall. a plumber. was ac-
cepted as the fifth juror when he returned
frank and business-iike replies 10 all
questions. Frank J. LutZ and Michael
McGiyn were excused for various reasons.
and William Lotion, another farmer of
siAty-fiye years. living in Eden, made the
sixth juror. Benjamin Lang and Otto
F. Hager failed to qualify TO the salts
faction Of the lawyers. Walter E Ev-
erett. Buffalo blacksmith, was taken
as the seventh juror. Ben G. Ralph, a
bank cashier. made the eighth Juror.
Court then took recess until O'Clock.
Czolgosz, attended by his guards
marched between the lines of policemen to
tho basement and to the jail. where he
ate hearty meal as usual With eight
jurors secured in two hours the case was
speeding along After two men had been
rejected in the afternoon. Andrew ]
cepted. Truman D. Keyts was fined SIS
for failing TO appear. Joachim Mertans
was accepted, and Immediately afterward
Robert J. Adams proved acceptable. The
fun jury was then in the box as follows:
Frederic V. Lauer, plumber. 104S Michi.
gan Street; Richard J. Garwood. builder,
l46 Hoyt Street; Henry W. Wendt, man