Page images
PDF
EPUB

THE TRIAL OF THE ANARCHIST MURDERER

CZOLGOSZ.

President McKinley was shot at the Pan American Exposition, in Buffalo, N. Y., about four o'clock in the afternoon of September 6th, 1901. It was in the beautiful Temple of Music, where the President was giving his hand to every one, without distinction, and without the thought that any one could harbor such malice against him. He died in the early hours of September 14th. The assassin, Leon F. Czolgosz, alias Fred R. Nieman, was arrested, indicted, tried and on September 24th, was convicted by the jury of murder in the first degree, after a trial very remarkable in many of its features, and which, in spite of its swift meting out of justice to the accused, was conducted in the most dignified and seemly manner. Under the law of the State of New York, a person condemned to death cannot be executed for at least one month after the sentence of death is pronounced upon him. On September 26th, the sentence of the Court was pronounced upon Czolgosz, that in the week beginning on the 28th of October, 1901, at the place, in the manner and by the means prescribed by law, he suffer the punishment of death. The time of execution was at any hour during the week following the 28th of October; the manner of execution, as prescribed by law, was electrocution; the time was to be determined by the Warden of the State Prison at Auburn, where the prisoner was at once taken. On October 29th, 1901, Czolgosz was duly electrocuted in the electric chair at the State Prison at Auburn.

The horror inspired in the minds of the hundreds of thousands of people in Buffalo, as soon as the news of the bloody deed had swept through the city,-the intense rage of the thousands who were in sight or hearing of the pistol shots aimed at the distinguished guest of the occasion, might easily have found expression in the instant annihilation of the assassin by such a wave of righteous indignation as would have swept him from the face of the earth. Had this happened, how many are there who would not in their secret

souls have exulted? The justice of it, though rude, would have seemed to most of us to be altogether fitting. But the President, pierced by the murderous bullet, and lying writhing with pain in the arms of his horror stricken friends, evidently seeing the mass of guards who had instantly seized and thrown themselves upon the cruel wretch, said: "Let no man hurt him." At once the reign of law prevailed,-righteous passion gave way, and the miserable life of the slayer was spared to be weighed in the scales that turn only in obedience to the time-honored rules of orderly legal procedure, which safeguard the trial of the guilty and the innocent with rigid impartiality.

Czolgosz was removed from the Temple of Music, but not without difficulty. The police and the soldiers fairly fought their way through the mass of people to a carriage in which he was swiftly driven from the exposition grounds to police headquarters. Guards were everywhere around him, but less to prevent his escape, for that was impossible, than to protect him from the violence of maddened But no harm came to him,-none was offered, and he was soon placed in secure keeping to await the outcome of his infamous deed. If the President survived, the would-be assassin could be tried only for the crime of assault with intent to kill, the penalty for which was ten years' imprisonment. All deplored the total inadequacy of the punishment in this particular case, for such a crime.

men.

The District Attorney of Erie County, Thomas Penney, thought it advisable to take no formal action against the murderer until the result of his act was definitely determined. So the world waited. The world was indeed deeply affected. From the rulers of almost every civilized nation came messages of condolence and regret. To them such an event had a deeper significance than the mere death of the President of a great power. It was a startling revelation of the dread possibility that lurked in every gathering of the people to do honor to their chief. If, in the great republican United States, the freest of all governments and the asylum of the oppressed, one could be inspired to strike a blow at its head in the cause of so-called liberty, what might not be expected as a constant menace in other countries where governmental rule bears more heavily upon the people? The world was shocked and waited the issue between life and death.

For eight days the President lived. Or, in the quaint language of the indictment which was subsequently found by the grand jury:

"He, the said William McKinley, from the said sixth day of September, in the year aforesaid, until the fourteenth day of September, in the same year aforesaid, in the city and county aforesaid, did languish and languishing did live; on which said last mentioned day he, the said William McKinley, of the said mortal wound did die." The said "last mentioned day" was Saturday. On Sunday morning simple funeral services were held at the home of John G. Milburn, President of the Exposition, with whom President McKinley had stayed during his visit to Buffalo, and where he died. Afterwards the body was removed to the City Hall, where it lay in state while an opportunity was given to tens of thousands of the people to take a last look at the face of the President. On Monday the dead President, with his wife and relatives, the members of his cabinet accompanied by Theodore Roosevelt, the new President, with a committee of citizens of Buffalo, journeyed to Washington, where for a night he rested in the White House, the home of the Presidents, until the last stage of his journey to the grave was begun the following day, to Canton, Ohio.

At ten o'clock on Monday, the same day that saw the dead body of the President removed from Buffalo, Mr. Penney, the District Attorney, presented the evidence of the killing of President McKinley to the grand jury of the County Court of Erie County, which was then in session. Twenty-eight witnesses were before the grand jury giving evidence of the facts concerning the shooting of the President by Czolgosz, and his death from the effects of the gunshot wound. The examination was conducted with the utmost care and was full and complete. The case was then left for the consideration of the jury.

The grand jury found and reported to County Judge Emery, at 4.40 p. m., an indictment charging Czolgosz with the murder of the President in the first degree. An hour later Czolgosz was brought into court for arraignment, handcuffed to the wrist of a police officer, and surrounded by others. In accordance with a most ancient procedure, the prisoner, although under an indictment of the most high nature, could not be arraigned in irons, or any manner of shackles or bonds. (4 Blackstone Com. ch. 25, 323).

The handcuffs were removed from his wrists and he stood facing the court.

If any one has imagined the assassin of the President to be the typical anarchist murderer of desperate mein, he would have been dis

appointed at the sight of Czolgosz. He was of medium height and size, fair complexion and hair, with a face not bad, but rather simple and loutish in its expression. He would pass anywhere for a very ordinary country boy, with but little experience of the world.

When the hand-cuffs were removed, District-Attorney Penney said to him: "Czolgosz, have you got a lawyer?" He made a motion with his head, but said nothing. Again the District Attorney asked the question, and again the prisoner made no sign. He looked at Mr. Penney, giving him a simple stare.

"Czolgosz, you have been indicted for murder in the first degree. Do you want counsel to defend you?" The accused made no more sign than if he was deaf to the District Attorney's voice. "Czolgosz, look at me and answer," Mr. Penney insisted. But it was as if spoken to a wooden image.

Mr. Penney then said to the Court that as Czolgosz declined to answer he would suggest that counsel be assigned to defend the man, and to ascertain what he had better do on the plea to the indictment before arraignment. Judge Emery then asked the prisoner if he had counsel, but elicited no further reply than before. It had been generally understood by the bar of Buffalo, who were watching the proceedings with deepest interest, that Czolgosz would not employ any counsel of eminence, and if he selected an attorney to make his defence, or one should volunteer for that service, the trial of the accused upon a charge of such magnitude might develop into a mere pettifogging attempt to clear him upon some technicality or at most to make a display for the attorney's benefit.

The Bar Association of Erie County had considered this possibility and through its president, Adelbert Moot, had suggested to Judge Emery that it was of the utmost importance that the counsel assigned for the defence of Czolgosz, if it should become his duty to assign such counsel, should be men of such experience and of such a high sense of their professional obligations, that the highest traditions of the profession should be upheld and that the trial should be dignified, just and impartial. It was further suggested that Hon. Loran L. Lewis and Hon. Robert C. Titus, former justices of the Supreme Court of the State of New York, be requested to act. This suggestion was made without consultation with the judges named. No better names could have been mentioned, as each had been for many years in active practice, and for many years before their retirement from the bench, had been judges of the Supreme Court, the highest trial court in this State, and each had sat as an appellate

judge. Each was also in the full strength of vigorous intellect and knowledge of the law.

When it was apparent to Judge Emery that the prisoner before him would make no answer and that he had no counsel, he said to him: "Czolgosz, you have appeared for arraignment in Court without counsel. The law makes it the duty of the Court to assign counsel for you. The Bar Association of our county has considered the matter and has suggested the names of certain men of high character for such assignment. The Court has seriously considered the question, and after such consideration has concluded to follow the suggestions made by the association. The Court, therefore, assigns the Hon. Loran L. Lewis and the Hon. Robert C. Titus as your counsel."

The duty of appearing to defend the slayer of the President was naturally distasteful to the counsel assigned and they hesitated about accepting the appointment, but the duty they owed to the law, to the Court and to the accused was greater, and each of the distinguished counsel accepted the assignment, and faithfully and earnestly performed such services as the case required.

The following day Czolgosz was again brought into the County Court before Judge Emery for arraignment. Judge Lewis, one of the counsel who had been assigned to defend him, was there. Czolgosz maintained the same stolid, indifferent manner which he had borne on the previous day, and refused to answer the questions that were put to him. The District Attorney said to him: "Leon Czolgosz, you have been indicted by the grand jury of this county for murder in the first degree;" and then read the indictment to him. "How do you plead?" The prisoner made no reply. "Do you understand what I have read to you?" was asked. "Do you understand that you are charged with the crime of murder in the first degree?" "You can say yes or no." He stood mute.

Judge Lewis then addressing the Court, said that he had called upon the prisoner and had not been able to learn any wish upon his part as to the employment of counsel; that he appeared informally to enter a plea of not guilty for the defendant, the law requiring that such a plea should be entered under these circumstances. He reserved the right, however, after consultation with Judge Titus, who was then out of town, if they concluded not to make an application for the assignment of other counsel, to withdraw the plea of not guilty and interpose, if thought advisable, another plea in the case in the way of a demurrer to the indictment. Reserving this right, Judge Lewis entered the plea of not guilty for the defend

ant.

« PreviousContinue »