JUSTICE IS FLEET.
and five Witnesses
to renew the Effort-His
Plea of Guilty rejected.
Testimony as to the
President's Wound very
MYNTER AND DR. MANN HEARD
Operation than was
performed would have been
At the earthly bar of justice. Leon F. Czolgosz
was arraigned yesterday for the crime for which he will answer at
the judgment bar of God. His conviction is foreordained. His trial
is a form of the Government whose Institutions he pretends to despise.
it guarantees to him all the rights and privileges of a citizen
under the law. After the verdict will come his sentence-and after
the law's decree will come his death. He affects Indifference to
it all. But, after the indifference and the penalties of earth have
passed, be will stand face to face with the great man he murdered.
What a meeting it will be! The President's human forgiveness will
have changed to divine compassion then, and the one bright gleam
in the utter darkness of the assassin's eternity will come from
the life he sought to end.
Thus, the trial that began yesterday simply is
a part of the procedure leading to the ultimate punishment. It is
the beginning of the end of earth's preliminary to the eternal doom
awaiting the murder. Those burdened with the conduct of the trial
feel this relationship to higher things and from the outset there
was a dignity, a stateliness so far above the plane in which the
prisoner lived and moved and had his being, that he became, from
the first, a poor, miserable creature, a pitiful wretch, whom no
notoriety could dignify and whom no mock heroica at any time could
render otherwise than abject and contemptible. The very futility
of his folly was shown by the fact that under the identical institutions
he sought to overthrow, he was being held answerable for a life
so vastly more valuable than his own, that death, if regarded as
adequate atonement, would be a mere mockery. It is one of the mysteries
of the universe how so low a life could strike so high a soul.
is not one of the mysteries of the universe that the principles
of truth and justice should endure forever. To the institutions
of man is given their interpretation and it is the law of eternal
right, rather than the law of mortal man, which makes of Czolgosz
a condemned soul. The pending trial, therefore, simply tells the
story of his crime's truth and justice demand that it shall be told.
Retribution follows, to send him on his way of misery. The trial
is no battle over an innocent man, no struggle to save a wronged
or injured life. It is a calm, dispassionate recital of an awful
crime, of an outrage against God and man. It is told of a wanton,
deliberate murderer. Its very telling leaves him as if he bad no
right to a part in a proceeding so fair, so just, so upright and
progress was made in the first day. The jury of twelve good, honest
men, who believe in the laws and institutions of the United States
was obtained in 2 hours and 29 minutes. It speaks well for the social
order, which Czolgosz defames, that the 12 men were selected out
of the panel of 36 drawn for the needs of the court, without recourse
to other panels and that, despite their Inevitable opinions, the
12 men, on oath before God, pledged unreservedly their ability to
give him a fair trial with the benefit of every doubt. The jurors,
who will do their duty are:
1, Frederick V. Lauer, a plumber, 60 years old, of No. 1048 Michigan
No. 2, Richard J. Garwood, a street railway foreman,
46 years old, of No. 48 Tryon Place, Buffalo.
No. 3, Henry W. Wendt, a manufacturer, of No.
335 Jersey Street, Buffalo.
No. 4, Silas Carmer, a farmer, 65 years old, of
No. 5, James S. Stygall, Jr., a plumber, 45 years
old, of No. 44 Normal Avenue, Buffalo.
No. 6, William Loton, a farmer, 65 years old,
No. 7, Walter E. Everett, a blacksmith, 39 years
old, of No. 176 Fifteenth Street, Buffalo.
No. 8, Ben C. Ralph, bank cashier, 40 years old,
of No. 310 Woodward Avenue, Buffalo.
No. 9, Samuel P. Waldow, a farmer, 59 years old,
No. 10, Andrew J. Smith, butter and eggs dealer.
60 years old, of No. 140 Leroy Avenue. Buffalo.
No. 11, Joachim H. Mertens, boot and shoe dealer,
42 years old, of No. 945 Exchange Street, Buffalo.
No. 12, Robert J. Adams, building contractor,
43 years old, of No. 209 Purdy Street, Buffalo.
is a good jury. It is what the lawyers call a strong jury. A glance
through the list shows it is a representative jury, of men who stand
for the citizenship of this country, honest, upright, frank, fair.
The care in its selection was due to a desire on both sides to have
twelve men who would be guided solely by the evidence and would
give their verdict as the tale of the crime revealed the guilty,
witnesses were called during the day. The first was Samuel J. Field,
the engineer, who verified the drawings of the scene of the crime.
The second Harry A. Bliss, the stenographer, identified the photographs
of the scene of the crime. The third was Dr. Harvey R. Gaylord,
who conducted the autopsy. His testimony revealed the details of
the condition of the body and the cause of death and exploded many
yellow-journal fakes. The fourth and fifth Witnesses
were Dr, Herman Mynter and Dr. Matthew P. Mann and the first day
of the trial ended with Dr. Mann on the stand, about to be cross-examined.
Mann and Mynter performed the operation on the President, were the
chief surgeons at his bedside and were present at the autopsy. Their
testimony made clear, once and for all, that if an effort had been
made during the operation to locate the bullet, the President would
have died on the operating table. They also made clear that the
reason the bullet was not found at the autopsy was, that after four
hours, the family of the dead President requested that the autopsy
be terminated and insisted that no further search be made for the
bullet. Hence it was the family that put an end to search for the
bullet and criticism for not finding it was unwarranted and un-just.
Also the testimony made so plain, that the least informed of lay
readers may understand the causes of death, the condition of the
organs and wounds of the President and all the facts desired or
necessary for the public to know in order to confirm, for all time,
the fact that the surgeons did their full duty and all that human
skill and science could do was done to save the President's life.
The testimony showed clearly and conclusively, of course, that death
was due to the bullet wound. The prosecution will show today that
Czolgosz inflicted that wound.
wished to speak.
Important, in many ways, than the foregoing facts was the attitude
of Czolgosz. He desires to speak. It was his expectation yesterday
to address the court. When he was led in and unshackled and was
waiting to enter a plea, he half rose, but Detective-Sergeant Geary
drew him down into his chair.
want to speak," said Czolgosz.
was told to wait. When his time came to plead, be mumbled the one
word, "guilty," after the question had been read a second
time as he feigned inability to hear it the first time. His voice
was thick, low, indistinct. Of course, his plea of guilty could
not be accepted under the law and a plea of not guilty as required
in capital cases, was entered by his counsel. It simply was significant,
as showing he realized the uselessness of denial fully as much as
the futility of defiance. He is not so bold and hardy as some think.
Away back in the secret chambers of his mind there are thoughts
of sorrow and pangs of remorse. A few days ago, as he rode with
Asst.-Supt. Cusack on a street car, ignorant of the President's
death, the veteran detective told him: "Czolgosz, I have good
news; the President is better." The wretch, whose doom is death,
turned and said huskily: "I'm glad." Thus, his mumbled
guilt yesterday was not mere bravado. There is sorrow in his soul,
if for no other reason because he knows he must die.
expects to speak later. When he learned, yesterday that before sentence
of death is passed on him he must stand up while the court asks
him if he has anything to say, he said that at that time he intends
to speak. What he will say no one can foretell. His mood may change,
his intention may alter, and he may keep silent. Those who have
been near him most, believe be will speak. Some of them think it
will be a speech of sorrow. Others say it will be a declaration
of defiance, a eulogy of anarchy and a denunciation of government.
Whatever it is, it will be the speech of a sane man. On unimpeachable
authority it was stated yesterday that all the alienists have agreed,
Drs. MacDonald, Hamilton, Hurd, Crego, Putnam and Fowler, that Czolgosz
is sane and that he was fully responsible mentally for his acts
when he committed the crime and since.
of the Trial.
will be gratified to note the simplicity of the Proceedings. There
is no charatanry to mar the trial. All goes evenly, smoothly, unpretentiously.
Justice White presides with dignity and impartiality. Dist.-Atty.
Penney and Asst. Dist.-Atty. Haller for the prosecution, and former
Justices Lewis and Titus and Carlton E. Ladd for the defense, conduct
the case quietly, efficiently, courteously, without spectacular
effort and without loss of time, It was agreed among counsels, with
Justice White, to hold two sessions daily, one from 10 o'clock to
12 o'clock in the morning, and one from 2 o'clock to 4 o'clock in
the afternoon. Unless delayed unexpectedly by long cross-examinations
Mr. Penney expects to close the case of the prosecution this afternoon.
events of the day moved off without a flaw. It was a splendid spectacle
of the operation of the machinery of law, working as an institution
of justice, working without a quiver of partiality, without a sign
of sentiment. Like the mills of the gods, it seemed to move, deliberately,
unswervingly, almost automatically.
the early morning police marched to the City Hall. There were 80
of the blue-coats under Inspector Donovan. The Delaware Avenue entrances
to the gray granite building were closed. The Franklin Street entrances
were open. Ropes stretched across the driveways turned all seekers
after admission to the central approach. At every door, even the
basement entrances around the building, policemen were stationed,
with two policemen at each corner. A solid line of police barred
the central approach. Holders of cards were passed to the entrance
where eight mere police stood guard. Twenty police were on the first
floor and along the stairway every card was scrutinized closely.
Twenty more police were on the second floor and 20 more on the third
floor. The elevators did not stop at the second floor. At the entrance
to the courtroom Detective- Sergeants O'Loughlin and Kennedy examined
every card. The City Hall was closed to all except those having
imperative business therein. At no time was a group permitted to
gather at any point in the building. Detectives were plentiful in
addition to uniformed police.
of the Trial.
scene of the trial is Part III of the Supreme Court. It is a big
room at the south end of the corridor on the second floor. It is
lighted by four windows on the Church Street side and two each on
the Delaware Avenue and Franklin Street sides. It has been the hall
of historic murder trials for a number of years and through its
doors many convicted murderers have gone out to fulfill the sentence
of the law. Despite its many windows it seems a gloomy, gray, dingy
room, with high gray walls and a fluted gray ceiling. On right and
left of the aisle in its center are rows of yellow benches, nine
on each side, seating perhaps 250 people uncomfortably. The front
half of the room is divided by a heavy wooden railing. Inside this
railing on the right, along the west wall, are the twelve seats
for the jurors, six in a row, on a raised platform. At the northeast
corner of the jury-box are the tables for the District Attorney
and his assistants and behind them inside the rail sit the prosecution's
chief witnesses. On the east side of the room are long tables flanked
with chairs for newspaper-men. The justice sits at a raised desk
at the south side of the room. On his right is the clerk of the
court, Martin J. Fisher. On the left, near the jury, is the witness-box.
In front of the witness-box is the court reporter's table where
the stenographic minutes of the trial are taken. Immediately in
front of the bench or high desk where the justice sits is the table
used by the attorneys for the prisoner. Behind the attorneys, facing
the court with the jury and District Attorney on his right, sits
the prisoner. Along the aisles, each holding a tall brown staff,
like a gold-tipped lance, are the blue-uniformed court officers
under Court-Crier, Hess. They preserve order and bang with their
staffs. They are Deputy-Sheriffs Haskell, Long, Burry, Horton, Howard,
Inman, Mock, Litz, Ellers and Brady. Charles H. Bailey, Richard
Walsh and Robert Chapin are the court reporters. They are all part
of the paraphernalia of justice in the great machine of the law,
the working of which is called a trial.
of the worldwide importance of the crime against the law, every
detail of the proceedings come to have important interest. At 9
o'clock, one hour before the opening of court, the doors of the
room were open. One by one the card-holders entered, each going
to his numbered seat.
Dr. Allan McLane Hamilton,
the great alienist, entered at 9.20 o'clock, with Asst.-Dist.-Atty.
Haller and sat down close by the prosecution's table. Dist.-Atty.
Penney's little brown kitchen chair, in which he always sits in
court in preference to the big brown armchairs marked "1876,"
was tucked close by his table. Mr. Penney entered at 9.46 o'clock.
Bartow S. Weeks, formerly assistant district attorney of New York,
with Mrs. Weeks, entered and took seats on the right inside the
rail adjoining Portor Norton, W. Caryl Ely and Mrs. White and Miss
White, wife and daughter of Justice White. Dr. Carlos F. MacDonald,
greatest of all alienists, with Drs. Mann, Mynter, Hard, Crego,
Putnam and Fowler, sat in the northwest corner inside the rail,
close by the jury. John G. Milburn, at whose home the President
died and who was with him when he was shot, entered and modestly
stood, over in the southeast corner. In the rows of seats just outside
the rail on the right sat James L. Quackenbush, Louis L. Babcock,
E. R. Rice, Capt. Wisser of the artillery; R. Henshaw, several artillerymen
and exposition guards and other witnesses for the prosecution. In
the audience in the courtroom there were George J. Sicard, Seward
A. Simons, John W. Fisher, H. D. Williams, Capt. Green and others,
not one of whom was not known to the detectives at the door either,
by name or card. Every seat was occupied.
9.55 o'clock former-Justices Lewis and Titus entered, both in black.
They sat down at the table with Carlton E. Ladd. Promptly at the
first stroke of 10 o'clock Justice White entered, tall, gray-haired,
smooth-shaven, black-garbed, preceded by a court officer and followed
by the court reporters. He ascended to the bench and sat down as
Crier Hess announced:
Supreme Court of the State of New York!" and then "Hear
ye! Hear ye! Hear ye! all manner of persons having any business
to do with this trial term of the Supreme Court held in and for
the county of Erie will draw near and give their attendance and
they shall be heard."
was a moment's pause. Then came the calling of the new grand jury
and Justice White excused its jurors for two weeks. Then came the
call of the panel of 36 trial Jurors, drawn for Part III. One by
one the 36 answered as Clerk Fisher called their names. Justice
White asked if any jurors desired to be excused. Eli B. Northrop
of Elma, a big, gray-bearded farmer, stepped up and said be had
a sawmill with some work necessary to be finished now or it might
have to go over all winter. Justice White heard him patiently and
excused him for good and sufficient reason.
these were preliminaries. As they were finished at 10.15 o'clock
one of the court officers opened the courtroom door. Through the
entrance came a group of men headed by Assistant-Superintendent-of-Police
Cusack. After him were Detective-Sergeants Geary and Solomon, Geary
on the right and Solomon on the left, each handcuffed to a man who
walked between them. Behind them marched three burly policemen with
clubs in hand. Asst.-Dist.-Atty. Ticknor had just announced the
excusing of witnesses in several criminal cases until Wednesday.
The group of men was inside the rail before all those in the room
noticed them. Then there was a craning of necks, a half-rising from
seats, for the man in the middle handcuffed to the detectives was
Czolgosz, the assassin.
Truth about Czolgosz.
He looked like an ordinary everyday, smooth-shaven, curly-haired,
bard-faced, blue-eyed, unreliable, uncourageous, insignificant young
man. He was a murderer, he had taken a human life and the knowledge
of it showed in his pale face, showed in his fumbling manner, showed
in his dulled eye, showed in his whole makeup. But he was no romantic
hero, no picturesque person such as the imaginative conjure the
bloodthirsty to be. There is a plain word of slang known as "slob."
Czolgosz is a slob. It is a word that jars, but it is said solely
with a desire to give the public the best, truest idea of him. He
is the sort of man the police call a "dog." He even lacks
the "dark, swarthy, ferocious" makeup which has been attributed
to anarchistic plotters. He sat down listlessly as the detectives
took off the handcuffs. He wore a gray sack coat and waistcoat,
blue trousers, white shirt, white turndown collars and blue bow
tie. He rested his hands, one on each arm of his chair as the detectives
sat down beside him. He was not alert, be was not stupid, he simply
sat listlessly, aware of all that happened and yet neither aroused
nor depressed by it.
is a cheap Fellow.
he sat, all looked at him. He awoke no feeling of pity. He aroused
little sense of wrath; the memory of the dead President, rather
than the presence of the live assassin, did not. He simply caused
disgust. He looked so cheap, so shoddy, so, utterly unfit even for
the crime he had accomplished; its importance was so far above his
insignificance. One looked him over, scanned him, studied him to
see whence came the strength, whence the bid source to execute the
deed. The strongest lines in the face are lines of egotism, of cheap
conceit, which is vastly different from honest pride. Some have
said it was an intelligent, educated face, showing refinement. It
is not. It is an ignorant face. It shows some cunning, some strength,
particularly in an expression of sly foxiness that comes over it
at times, but, on the whole, it is weak, save in its own conceit.
Amply is the iniquity of anarchy manifest by the failure of this
face to show the redeeming features of a righteous cause. Czolgosz
does not eves look like a great murderer or the murderer of a great
man. He looks, in plain and simple truth, a cheap slob. His looks
may belie him. He is brutally cruel and his face attests it, shows
that he lacks even the higher power to appreciate the extreme of
his own brutality. But let those who have stored away in their minds
a pleasant picture of a nice-faced young man or a gruesome picture
of the ferocious-features bloodsucker, vanish it and substitute
the picture of an ordinary, common, insignificant young man, utterly
unworthy even in appearance to be the central surviving figure of
a crime for which his life will be taken, with the one regret that
it is not more valuable. He seems not worth the bother of his condemnation,
a pestiferous nuisance, low-down, cheap, disgusting-and that's Czolgosz.
Even anarchy should be ashamed of him.
Czolgosz gazed idly about. People looked at him
out of curiosity and they were disappointed. His custodians said
he was in good humor. As they had made ready to lead him from the
Jail to the courtroom he had drummed with his fingers and hummed
softly. Going through the tunnel under Delaware Avenue he had walked
readily. Ascending the stairs of the City Hall from the basement
he had came face to face with the black and white decorations of
mourning that still adorned the City Hall. He knew what it all meant.
He passed within 20 feet of one of the crepe-bordered pictures of
the dead President. He did not look at it. The police stepped back
as if from a plague or pest. There was no crowd in the corridors.
No one approached to molest him. He passed, in the care of his custodians,
into the courtroom, led like a leper to a last, resting place this
side the tomb. Justice White looked down on him and the strong face
of the justice scarce could conceal its disgust. Judge Titus visibly
showed, on his countenance his feeling of contempt for the murderer.
Justice White broke the stillness at 10.15 o'clock.
Business for the Court?"
"Mr. District Attorney, have you any business for the court?"
desire to arraign the prisoner, Leon F. Czolgosz, Your Honor,"
said Mr. Penney, and, turning to Czolgosz, who arose at a signal
from the detectives, he said:
Czolgosz, you have been indicted on the charge of murder in the
first degree, committed on the sixth day of September of this year,
in that you unlawfully killed one William McKinley, contrary to
law, how do you plead?"
the court please, we desire" began Judge Lewis.
think the prisoner was about to speak," said Justice White,
as Czolgosz made as if to speak.
did you understand what the District Attorney said to you?"
didn't hear it," mumbled Czolgosz, so low that few could understand.
are indicted and charged with having committed the crime of murder
in the first degree. It is alleged that you on the sixth day of
September of this year unlawfully shot and killed William McKinley
contrary to law, how do you plead?" said Mr. Penney.
before he had been arraigned to plead Czolgosz had desired to make
a speech and so told Detective-Sergeant Geary who restrained him
and told him to wait. When Mr. Penney asked how he pleaded, Czolgosz
hesitated a short moment, then looked up toward Justice White, then
dropped his eyes.
he said, in a low tone, a single word muttered or mumbled so it
barely could be understood.
"How?" asked Justice White.
"He pleads guilty," said Mr. Penney.
"That plea cannot be accepted in this court.
The clerk will enter a plea of not guilty and we will proceed with
the trial," said Justice White.
"This defendant appeared in the County Court
last week and at that time Judge Emery assigned as his counsel the
Hon. Loran L. Lewis and the Hon. Robert C. Titus, and his associate,
Mr. Ladd, to attend to the case and ascertain the rights that this
man had and to put in such defense as to them they deemed best,"
said Mr. Penney. "They are here, I suppose, to attend to that
in this court this morning. I will ask Your Honor to confirm that
Titus arose and, bowing to the court, said:
the court please, it has been thought best by my distinguished associate
and myself, and my young friend that something should be said, not
in the way of apology, but as a reason why we are here in defense
of this defendant. At the time we were assigned I was out of the
city, and neither of my associates was consulted about the assignment.
I at first declined absolutely to take part in the defense of the
case, but, subsequently, it was made to appear to Judge Lewis and
myself that it was a duty which we owed alike to our profession,
to the public and to the court, that we accept this assignment,
unpleasant though the task is for us, and we, therefore, appear
in accordance with that assignment to see that this defendant, if
he is guilty, is convicted only by such evidence as the law or the
land requires in a case of this 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 meanest criminal in the smallest case.
White Immediately replied as follows:
certainly accords with the views of this court that gentlemen like
yourselves should have been appointed by the County Court to defend
this prisoner. It gives to the public and the courts and those engaged
in the administration of the law absolute assurance that the prisoner
will receive fair treatment during the progress of this trial, and
that he will meet with such justice as the law demands in his behalf,
as he is assured by the fundamental law of the land. The plea of
guilty, which has been entertained by the prisoner, indicates, as
the court looks upon it, that he himself anticipates no escape from
the penalty which the law prescribes. Of course, that plea cannot
be accepted, and the progress of the trial should be the same, in
my judgment, as though he himself had entered a plea of not guilty.
I am sure you gentlemen will protect him to the same extent that
you would if you were retained for a munificent compensation to
do the duty which you are undertaking to do now. Some question has
been raised, and discussed in the public print, at any rate, as
to the jurisdiction of the County Court to appoint you gentlemen.
It is my pleasure not only to confirm, but, if it should be deemed
necessary, appoint and designate you gentlemen to the task which
you have set out to perform.
was the record made perfect beyond peradventure. Thus were the rights
of Czolgosz protected as if he were an innocent man, entitled to
be shielded instead of condemned by the law.
move the trial of the defendant, Leon F. Czolgosz, Your Honor,"
said Mr. Penney.
direction of the court, the defendant is informed that if he intends
to challenge an individual juror, he must do so when the Juror appears
and before he is sworn, and that the following are duly called to
try the case," announced Clerk Fisher and the trial of Czolgosz
First came the obtaining of a jury. A list of
36 jurors had been drawn on August 26th, long before the murder,
for the term of court beginning yesterday. This list was in the
hands of the clerk and he drew name by name from the box. As a name
was drawn and called the juror answered and stepped forward to the
witness-box, where he was sworn to answer truthfully the questions
asked of him. Then the prosecution examined him, then the defense
and if both were satisfied he was sworn as a juror. Either side
could challenge for cause or peremptorily or the court could excuse
examination of the first juror called will give a good idea of the
questions asked and the form of obtaining a jury. Here it is, from
V. Lauer, being called and duly sworn as to his qualifications to
serve as a juror, testified as follow:
Direct examination by Mr, Penney.
do you live, Mr. Lauer?
A.-No. 1114 Michigan Street.
Q.-What is your business?
Q.-Were you born in this country?
A.-Born in Buffalo.
Q.-You believe in our form of government?
Q.-Do you believe in capital punishment?
Q.-Do you know any reason why you cannot render
a fair verdict on the evidence in this case?
A.-It depends a good deal on the evidence.
(Stenographer reads question.)
A.-I do not, no.
Q.-If you were convinced of the guilt of a man,
charged with murder in the first degree, if you were a trial juror,
would you vote for his conviction?
A.-If I was convinced of it?
A.-Would I vote for his conviction?
Q.-Yes, that is the question.
by Mr. Lewis:
Q.-Mr. Lauer, are you a married man?
Q.-Is your mind in such a condition, Mr. Lauer,
in your judgment, that if the facts and evidence in this case should
raise a reasonable doubt in your mind as to the guilt of the defendant,
do you think you could render a verdict of not guilty?
A.-I could, if there was any doubt in regard to
Q.-You could give him then the benefit of a reasonable
Q. -You are not acquainted with the defendant?
A.-Never saw him until today.
Q.-No prejudice against him, then?
Q.-No special prejudice against any class in the
A.-Not that I know of.
Mr. Lewis-No objection.
Mr. Penney-No objection.
The juror was then sworn by the clerk as follows,
defendant standing: Juror, look upon the defendant; defendant, look
upon the juror.
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 render according
to the evidence, so help you God.
Juror takes his seat as No. 1.
Lauer was gray-mustached, deep-voiced and wore a frock coat with
an army button on it, and blue trousers. He answered frankly and
honestly. When Czolgosz arose Mr. Lauer eyed him straight-forwardly,
but Czolgosz gazed up at the white-faced clock, as if its ticking
reminded him how precious the rest of time was for him. He sat down
listlessly as Mr. Lauer took the back seat in the south-west corner
of the Jury-box.
J. Garwood accepted.
next man called was Richard J. Garwood.
He had gray hair and gray mustache, and is a little hard of hearing.
He is married, was born in England but had lived here eighteen years,
was a citizen, and believed in capital punishment and the forms,
and institutions of government. Judge Lewis cross-examined him carefully,
with a desire, like that of Mr. Penney, to get only the best, fairest
men to try the prisoner. Mr. Garwood had an opinion and had talked
about the case, but he could give a fair verdict on the evidence,
and both sides accepted him. Czolgosz, during the questioning, furtively
watched Mr. Garwood, as did all other jurors, but when he was told
to rise and look upon the juror he invaribly rose and looked elsewhere,
nowhere in particular.
jurors in ten minutes was excellent. Joshua Winner, a farmer of
North Collins, was the next called. Mr. Winner was 49 years old,
black-mustached, gray-haired, and had such a strong impression of
Czolgosz's guilt that he was excused by Judge Lewis.
W. Wendt Juror No, 3.
W. Wendt of the Buffalo Forge Company was the next. Mr. Penney
learned in two questions that he believed in capital punishment
and knew of no reason why he could not give Czolgosz a fair trial.
On examination by Judge Lewis Mr. Wendt stated he had not a definite
opinion as to Czolgosz's guilt or innocence, and then made clear
that he had an opinion, but it was one which would not interfere
with giving a verdict on the evidence, and at 10.40 o'clock he was
sworn in as juror No. 3.
M. Winspear, a farmer of Elma, 40 years old, gray-haired, seemed
backward in comprehending questions, and when asked by Mr. Penney
if he believed in capital punishment, hesitated and answered "Well-yes."
He had a decided opinion as to the guilt of the accused, but was
excused by the prosecution.
Kuhn, a German born citizen and a baker at No. 468 High Street,
had an opinion that evidence could not change "even if the
evidence should establish that the defendant was not the individual
who committed the crime." He was excused by the court.
Delliott, a young black-mustached farmer who lives on the State
Road on Grand Island was challenged by Mr. Penney after the following
Q.-If you should be selected as
a trial juror in a murder case, if after you had sat and listened
to all the evidence, you believed the defendant guilty beyond reasonable
doubt of murder in the first degree, would you vote for his conviction,
knowing the penalty to be death?
A.-No, I don't think so.
Stenographer repeats question.
Q.-You fully understand now the question?
A.-I think I do.
Mr. Penney-I challenge the juror,
Examined by Judge Lewis, Mr. Delliott made clear
that he had misunderstood the question, but it was too late.
Carmer, a farmer from Clarence, 65 years old, white haired,
with a long white beard and black sack suit, was next and he spoke
up with a good, strong voice and refreshing promptness. He would
want pretty good evidence to alter his opinion of the guilt or innocence
of the accused, but he manifestly was so fair that both sides accepted
him and at 11 o'clock he was sworn in.
five candidates were rejected in succession. First was Herman B.
Tauber, Pennsylvania Railroad clerk, who lives at No. 9 Oakland
Place. He was a young man, born in Canada, later lived in Alabama.
He had blond hair and mustache and wore knickerbockers. The following
brought about his challenge by the defense:
Q.-Ever expressed any opinion as
to the manner in which you thought he ought to be disposed of?
Q.-What is that?
A.-I say several opinions I have expressed regarding
The Court-Judge Lewis, pardon the interruption, I doubt the propriety
of pressing an answer to that.
Mr. Lewis-Yes. Well, I am not going to press that
question very much. I only want to see what sort of a man we have
Q.-Do you believe that when a man is charged with
crime he ought to have the form of a trial?
Q.-According to the law of the land?
T. O'Reilly, an insurance agent of No. 147 Prospect Avenue, believed
he could sit impartially, but he did not want to get on the case
and he was excused peremptorily by Mr. Penney after some talk on
sanity. Frederick Langbine, a farmer of Hamburg, 35 years old, born
in Mecklenburg, Germany, also was challenged by the prosecution.
He said he had not even expressed himself on the affair to his wife
or anyone else. Assemblyman George Ruehl, the barber, of No. 130
Eaton Street, was excused by the defense as his opinion was pretty
firmly fixed, although as Judge Lewis said, Ruehl was "not
one of those talking barbers." Wallace A. Butler, a farmer
of Sardinia, smooth-shaven, bald head, was excused by the court
as his opinion was such that it would take a pretty strong doubt
to persuade him to give the defendant the benefit of it.
the fifth juror, James S. Stygall, Jr.,
the plumber, was obtained. He was brown-mustached, 45 years old,
and plain-spoken. Two questions satisfied Mr. Penney and Judge Lewis
also was satisfied and at 11.29 o'clock Juror Stygall was sworn
J. Lutz, a grocery-man at No. 1323 Michigan Street, was excused
by the defense. He swore that he had not formed any opinion of the
guilt or innocence of the defendant. Michael McGloin, a neat, trim,
smooth-shaven carpenter, 43 years old of No. 789 North Division
Street, was challenged by the prosecution.
accepted as No. 6.
Loton, a farmer
of Eden, 65 years old, gray-bearded, frankly said his opinion was
pretty firm, but he could give the prisoner the benefit of a doubt
and at 11.40 he was sworn in as juror No. 6.
Lang, a grocer of No. 88 Cherry Street, was excused by the court
on property qualifications. Otto F. Hager, listed as running a music
store at No. 172 Broadway, turned out to live on Grand Island and
be in the beer-cooler business. He had sat on the Montgomery Gibbs
jury. He was excused thus:
Mr. Titus-This man is given as
No. 172 Broadway, a music store. This man here lives on Grand Island.
No man gets his name upon this jury list unless he appears before
the commissioner for examination. This man has not appeared. Sort
of a mistake on the part Sheriff, I suppose, in summoning the wrong
Mr. Penney-We consent that he be excused, judge.
Mr. Titus-The District Attorney consents that
he may be excused and I think he better be.
7 a Blacksmith.
No. 7 was next. He was Walter E. Everett,
a blacksmith, 39 years old, born in England. He had a black mustache
and wore a gray suit. He has a shop on Hamburg Street and lives
at No. 176 Fifteenth Street. He answered fairly and frankly and
of Court fixed.
that point Judge Lewis made the following statement:
Now, about the hours that we are to sit here.
Neither Judge Titus nor myself are young men, especially myself,
and we are neither of us in perfect health. We, have had very little
opportunity to consult with each other since we concluded to abide
by our designation as counsel for the defendant.. Now, we believe
that the interests will not be injured by having short hours. We
need some time for consultation, and after a conversation with the
District Attorney we have concluded to ask Your Honor during this
trial to set from 10 to 12 o'clock In the morning and from 2 to
4 o'clock in the afternoon. I mention 4 o'clock because my home-my
summer home-is in Lewiston, and my train leaves at 4.40, and I am
not inclined, unless I am absolutely compelled to do so, to find
an abiding place here in the city while my family is at Lewiston,
and that is our request, that those be the hours fixed, and we believe
the trial would be practically as expeditiously concluded as if
we were compelled to work here beyond our strength.
am inclined to think, Judge Lewis, that your request is entirely
reasonable. I think you gentlemen should be indulged in any request
that you make, in view of the onerous task that you take upon yourselves
here. It is quite satisfactory to the court to comply with your
wish, and, therefore, the court will. convene hereafter at 10 o'clock
in the morning and adjourn at 12 o'clock, and then resume work at
8 a Banker.
eighth juror was next. He was Ben C. Ralph
of No. 310 Woodward Avenue, assistant cashier of the Third National
Bank. His examination was short and satisfactory to both sides and
he was accepted.
White to Jurors.
White then addressed the eight jurors thus:
Gentlemen, you who have been accepted as jurors
in this case, it is incumbent upon the court to admonish you against
discussing the case among yourselves or permitting anybody else
to talk about it in your presence. Keep your minds entirely open
and free that you may be convinced by the evidence produced in court
and by nothing else as to the questions which will be submitted
to you for your determination. To those gentlemen who are summoned
as trial jurors at this term of the court and who are liable to
be examined for the purpose of sitting upon this case, it is proper
to say that they should refrain from in any way discussing this
case with any person. They should retrain from seeking any information
about it-any further information than they now possess-or doing
anything in order to put themselves in a condition where they cannot
properly serve impartially as between the people and the prisoner
at the bar. Now, take a recess until 2 o'clock.
Hess announced the recess. All were told, to keep, their seats until
the court and jury had filed out. Justice White left first, then
the jurors, in the charge of Deputies Long, Haskell and Brady. Then
Czolgosz, handcuffed to Detectives Geary and Solomon, was led out,
with Mr. Cusack ahead and police around.
your seats! Sit down there!" ordered the police to the people
in the courtroom.
12.03 o'clock the audience was filing out and the prisoner was hurrying
through the tunnel to a hearty dinner in the Jail.
9 a Farmer.
afternoon session began promptly. Among the prominent persons in
the audience was Gov. David Bartlett of North Dakota. Judge Haight
of the Court of Appeals and the justices of the Supreme Court also
were present during the latter part of the session. The eight jurors
entered at 1.47 o'clock, and Czolgosz was led in at 1.52 o'clock.
The questions of Judges Titus and Lewis as to mental responsibility
led some to think they planned to call alienists in behalf of Czolgosz
but Judge Titus said, significantly, they had not decided. Justice
White entered precisely at 2 o'clock, the tipstaffs thumped, and
Crier Hess recited the familiar formula. Clerk Fisher called the
names of the eight jurors, who answered.
John Berghold, a farmer of Lancaster, was the
first candidate called in the afternoon. He is, 60 years old, gray-bearded
and, not seeming to understand Mr. Penney's simple questions clearly,
he was excused by the people. The ninth juror was obtained next.
He was Samuel P. Waldow, a farmer of
Alden, 59 years old, with iron-gray hair and mustach, and a businesslike,
outspoken, honest manner. He was born in Vermont and had lived 30
years in Alden. He had formed an opinion, he had it still and, while
it would require evidence to remove it, be could render a fair verdict.
J. Smith Juror No. 10.
J. Smith, Juror No. 10, 60 years old, a dealer in butter
and eggs on the Elk Street Market, and whose home is at No. 140
Leroy Avenue, was next. He had gray hair and mustache[e]. His answers
One fined $25.
Truman D. Keys, a manufacturer of Collins, failed to answer to his
name, and Justice White ordered a fine of $25 to be imposed on him.
next man called was Peter Feldt, 38 years old, black-haired, brown-mustacher,
a laborer of North Collins, who also owns a hotel at Clarksburg
in the town of Eden. He had been working for the Erie Preserving
Company and was discharged last Saturday. Mr. Penney and Judge Titus
examined him and then Mr. Penney examined him again in an exceedingly
interesting series of questions, evidently full of significance,
examination by Mr. Penney:
Q.-Do you know a man by the name
of George H. Smith?
Q.-He lives in North Collins?
Q.-Does he work for the preserving company?
Q.-Do you know a person by the name of Romaine
Q.-Do you know anyone by that name?
Q.-Do you know a person by the name of Smith Parker?
A.-Well, I guess I do, I saw him once last spring,
Q.-Do you know a man by the name of George H.
Q.-E. O. Fenton?
Q.-Enos S. Hibbard?
A.-I know him by sight.
Q.-You know all these people?
Q.-Didn't you have some talk about this case the
sixth day of September with George H. Smith?
Q.-I didn't ask you how much or how little. Didn't
you have some talk?
Q.-You told the counsel you didn't, didn't you?
Q.-You told the counsel you didn't talk with anyone,
didn't you? Didn't you make some comment when you heard the news
of the shooting of President McKinley?
A.-I did not.
Q.-I don't ask you what it was?
A.-I did not, George Smith made it.
By the Court-He asked you if you made any comment.
A.-I did not, George Smith made it.
Q.-You know what I have reference to, do you?
A.-I do not.
Q.-How do you know that George Smith made the
comment if you do not know what, I have reference to?
A.-I don't know.
Q.-You did talk with him?
Q.-You were then working in the Erie Preserving
Q.-Was there anyone else present?
Mr. Penney-I think this Juror should be excused.
The paper has been submitted to you -
By the Court-If you agree this man should be excused,
he will be excused.
Mr. Titus-I think he should exercise his peremptory
Mr. Penney-I do not wish to make public what is
in the paper.
Mr. Titus-I don't think he should be excused on
By the Court-He is not disqualified on his own statement.
Mr. Penney-I do not care to discuss it. I will
Mr. Feidt left the witness-box very quickly.
S. Hampton, the next possibility, a florist from East Hamburg, was
excused by the, people. Emil Zacher, formerly police captain of
No. 8, was excused by the defense, Judge Titus saying he believed
they did not want a policeman on the jury. William J Forsyth, the
Seneca Street Shoe dealer, who lives at No. 225 Summer Street, was
excused by the court as he said he "was prejudiced to such
an extent he would feel somewhat disqualified." He clearly
was glad not to serve.
The next two both were accepted, filling the
jury-bo[x]. The first was Joachim H. Mertens,
a Seneca Street shoe dealer, who lives at No. 945 Exchange Street.
He is 42 years old, black-mustached, German born and was scrupulously
honest in all his answers.
J. Adams, the
twelfth juror, was 48 years old, with sandy hair and mustache. He
is a building contractor of No. 209 Purdy Street and was accepted
at 2.40 o'clock.
jury was complete. All of the jurors had stated frankly they had
formed in opinion of the case, but all stated with equal frankness
that their opinion would not interfere with their giving a fair
trial and just verdict on the evidence. The roll of the twelve jurors
was called and alt answered to their names.
jury is all ready, Your Honor," announced Crier Hess.
September 24, 1901
[The remainder of this article describes details of the trial which
may be examined by looking at the trial transcript at made available
by the Bar Association of Erie County. URL: http://www.eriebar.org/documents/czoltran.pdf
to see the pdf version
of this article]