The Van Buren press., 1901-09-28

awful tragedy that ever came upon the
J world.
We have shown vou how this defendan,
stood in the Temple of Music that after
noon and shot iowa our beloved plesi-
dent We nave shown YOU how he delipsr-
ated and planned this awful crime. We
have shown you how he attended ALI
archistc and sociallstic 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 responsible
and that If he was insane he must be pre-
sumed to be innocent. He tells you that
is a presumption Of law.
1t Is also a presumpsi ion of law tina. ev-
cry man is sane until he is proven insane
Evidence tending to show that the p,is-
oner was insane has not been iorthco,u-
ing; 1t has been proven that he was the
agent of the crime, and there should be
no question in your minds as to the re-
sponsibility of the defendant.
This is no time for oratorical display
Counsel for the prisoner and myself have
endeavored to eliminate all sensationalism
from this case. 1t is not my intention to
indulge in extended remarks. You under
stand the responsibility 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 COM
mcnded for the spirit displayed by them
since the murder of the president, but the
law must be vindicated. 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
something awful to happen to our beloved
country
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 a lawyer, then
judge then congressman, then a gov,
ernor and then a president of the United
States, and above all, a loving husband,
and that on to the last day when he
said: "Good-by. All, good-by. It's Gods
way. His will be done "A man so great
that he could raise his hand and save
his own assassin, man who could shake
the hand of even the very worst man you
could imagine.
1t Is a great lesson that a great man can
stoop so low, that he was so great that
he could forgive his own assassin. He
was the noblest man. ! believe, God ever
created. A man who stood near him in
the Temple of Music said to me: 81 have
travelled in all parts of the world and
have seen people assembled to greet thelt
rulers, but when | saw the people stand
in the railroad stations and along the
country through which the funeral train
passed that they might get look at
the casket of this great man, | was con-
WINGED as never before that there Is such
thing as national heart
That national heart was broken, and 1t
will take Gods way and time to heal IT.
1t was broken by class Of people who
are coming to our country In increasing
numbers, and while harbored by our laws
are propogating their malicious views.
class of people that must be taught that
we have no place for them on our shores
class of people that must be taught that
they can not take the life of anyone ire
spectlve of consequences.
Think again, gentlemen, here Is "A man
who does not want lawyer who does
not believe In God, nor In law; n man who
does not believe in the married relation
yet our laws are such that he Is defended
by two Of the abest jurists in cur city,
as If he was the most respected defendant
and even comes into court and says he
was guilty. Yet, gentlemen, you are re-
CURED under the constitution to listen to
the formal presentation of the evidence
Notwithstanding that this man does not
want it,
Gentlemen, have said all ! have to
say | have said more, perhaps, than
him a fair trial on the evidence, Now
what Is the evidence? | say, as 1t has
been presented to you It fully substan-
tiates the crime charged.
The duty of counsel on both sides Is
ended. The court will charge you brief
ly then It will be your duty to take up
| the case No doubt the same thought, the
same object, Is in all our minds-that al
| though our beloved country has lost her
| greatest man, II still should maintain the
respect Of the whole world and It should
| be made known to the whole world that
| no man can come here and commit such
| dastardly act and not receive the full
| penalty of the law,
Justice White began his charge to
the jury at 1920. lie arose from his
seat and stepped to the side of the
bench nearest the jury box. He said:
| Gentlemen of the Jury: In this case the
defendant has acknowledged his guilt,
Such acknowledgment In such crcum-
stances can not go to the jury or the
court, The law requires that the defend
ant charged with such a crime must be
| tried. The law says that all the facts
must be observed and reviewed by you
| The law guarantees that the defendant
shall have a fair trial by ~ men, impair
tial and fair, capable of taking the testl-
mony of the trial and giving 1t thorough
consideration. IT, when all the circum.
stances of the case are considered by you
there stll exists In your minds "A reasona-
BILE doubt that the defendant Is guilty.
you can not find this man guilty. The
people have submitted evidence tending
to show that this man committed this
crime; they have given evidence tending
to show that II was premeditated. II you
| are satisfied that there was design and
generalization, and II In accordance with
were fired, then the defendant is guilty OF
the crime of murder In the first degree,
You must consider all this evidence that
the people have submitted to YOU, You
must consider II fairly and without pre-
judce. You are the sole judges OF facts
In this case.
Continuing. Judge White said
The Jurors must nnd him guilty beyond
a reasonable doubt. You may ask what
is reasonable doubt While n great
deal has been written and said on the
definition of reasonable doubt" In this
case II means that the Jurors arc bound
to sift, compare and examine all the evil
dcncc and ", In their minds there IN any
doub, nv to the defendants guilt they
are bound to acquit the defendant. II
| there IL no doubt IN your minds, then
you are bound to bring IN n verdict Of
conviction ! am very glad that UP to
the present stage OF this lamentable af-
fair, 80 far as the jury and people OF this
city are concerned, there has been shown
that respect for the law that Ia boLnd
to teach valuable lesson. The defend
attn has been given every advantage OF
experienced counsel. ! dcplore any inGte-
ment to violence, and the man who Ii
ready to go out and commit crime be-
cause some other man had committed one
IL as guilty as the latter and his act 10
lust as rcprehensible, II is proper that
| should define the crime OF murder In the
| first and second degrees and manslaugh-
ter In the first and second deg~o, " the
defendant on September 0 did wrongfully
assault, shoot or wound william Mokin.
ley by means alleged In the indictment,
and II the act was committed with pre-.
medilatel design and II the act was the
sole and approximate cause OF death, and
II the defendant knew he was dolns
wrong at the time the defendant was
guilty OF murder In the first degree II
the act was not prcmoditatod. no was
guilty OF murder In the second degree,
Ii the shot was fired accidentally and
without reconciliation he IL guilty OF man.
slaughter IN the first degree, II II not
OF mnnslaugter In the second degree In
this case
Justice White then commended the
jurors for their patience duTng the
Uinl and ordered them to Htirc and