Indianapolis Journal, Volume 51, Number 268, Indianapolis, Marion County, 25 September 1901 — Page 4

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TIIE INDIANAPOLIS JOURNAL, WEDNESDAY, SEPTEMBER 25, lOOl

T 1 1 K DA 1 I, V . IOUKXAL WEDNESDAY, SEITTEMRER '2 1001.

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A Joint debate between Mr. Bookwalter and Mr. Maguire would enliven the municipal campaign. The electric chair Is a very good seat for a "5. ould-be assassin of a President of the United States. If criticising Taggartism is "slandering the city," we may be warned next that it Is lese majesty. Six years of Taggartism is enough without the continuance of the regime untler a Taggart figurehead. It is time to open the books. Mr. McKInley's speech at Buffalo is already alluded to in political circles as the 'Buffalo platform." It is likely to have a potent influence in shaping future policies. If Buffalo suffered in its Ban-American interests by the attack on President McKinley it deserves credit for the unprecedentedly rapid preeution of the assassin. "The gentle Invincibility of the man" is the vivid phras? which the liev. Dr. Gordon, of Boston, applied to the late President. It is a happy characterization of the man. It will be a good lesson if the short trial of Czolgocz shall prove a precedent for future trials of murderers in this country. While legal forms must be complied with the trials cannot be made, too short. To call exposing th- blunders and wrongs of the Taggart administration "slandering the city" is a queer confusion of terms. Mr. Taggart may be a very overshadowing personality from a Democratic point of view, but he is not the city. The resentment the people in all walks cf life show against those who express satisfaction over the death of the late President proves the hostility of the mass of the American people to anything like anarchism, which is a most hopeful indication. During the Taggart regime the city government has been run on the principle of addition, division and silence addition to the city debt; division of political spoils, and silence regarding the true financial condition of the city. "Me-too" Maguire pledges himself to continue the same policy. The good terms on which the Czar of Kussia and the President of Prance parted, and their talk of being allie, is no indication that they contemplate war. If it means anything it is that the nation that attacks one of them will be forced to light both. Such a condition tends to the peace Of Europe rather than to conflict. If Legislatures were now in session they would enact laws which wouid make the advocacy of anarchy, by print or speech, a high crime. It is hoped that the danger of such practices will not be forgotten with passing time. Such people as Most and the Goldman woman should spend their days In the State prison. Among all the suggestions for the suppression and punishment of Anarchists no broader or more practical views have been expressed than those of Hon. A. C. Harris, of this city, as published in the Journal yesterday. They are the views of a, lawyer and diplomat, who has made a study of the question In Its international as well as its domestic bearings. Trial by jury has been again vindicate In the Czolgocz case. The jury consisted cf two farmers, a dealer in butter and eggs, a shoe dealer, a contractor and other representative bus:n-s men of like standing. It is almost an insult to such men to call them "peers" of a miscreant like Czolgocz. but they wore able to give him a fair trial. In his speech in Minnesota Sept. 2. President Roosevelt advocated the adoption of the reciprocity treaties, but he did not formet protection. "Here, again." he said, "we have got to remember that our first duty ts to our own people. We must continue tlu policy that has been so Irilliantly successful in the past, and so shape our economic system as to give every advantage to the skill, energy. and intelligence of mir farmers, merchants, manufacturers and wage-workers." The cae of the assassin Czolgocz went to the Jury yesterday afternoon at 3:51 o'clock, and at 1:2', the jury returned a verdict of g-uilty. This is the shortest legal murder trial on record, and h.t-s only been equaled in celerity by some lynching or viffilanc committee proceedings, which it doe not resemble in any other respect. The cjun'ry is to he congratulated that this spdy consummation whs reached by duo procvfca of law and without violating any of Its forms. Tht result is In marked contrast with the trial of Gulteau. which was allowed to atretch out considerably more than two month. Under the Uw uf

New York the court has two clays within j which to pass sentence, and it is to be hoped it will fix the earliest date the law will allow for the execution. The public will not feci that the awful trim has been punished until its perpetrator has been sent out of the world, and it would be a mockery of justice to postpone the punishment beyond the earliest time the lawwill aliow. iif.. jehehiaii 3i. wilso. In the circumstances in which it occurs the death of Hon. Jeremiah M. Wilson, of Washington, may be classed among the dramatic events of a period fruitful in surprises, lie was chief counsel for Admiral Sehky in the naval court of inquiry nowsitting in Washington, and the report of the proceedings shows that he conducted the examination of witnesses on Saturday and Monday. His fatal illness, therefore, must have been of very short duration, and although death from any natural cause, at his age, nearly seventy-three years, can hardly be said to be surprising, it was certainly, in his case, very sudden. Although Judge Wilson had lived in Washington thirty year3 he was essentially an Indiana man and kept in close touch with the State and its people. His former home was at Connersville, and his public service consisted of several terms as judge in the courts of Fayette county and two terms in Congress as the representative from the old Fourth district, consisting of the counties of Fayette, Franklin, Hancock, Hush, Shelby, Union and Wayne. He

was elected as a Republican to the Fortysecond Congress, in 170, by four majority over David S. Gooding, and to the Fortythird Congress, in ls72, over Gooding again ny Cvj majority. During this Congress he voted for the so-called "salary grab," which would have killed him politically, even if ho had not been gerrymandered out, as he was the next year. He made the ablest defense ot the salary grab ever made by any member of Congress, but the people would not listen to any defense. At the expiration of his second term in Congress he took up the practice of law in Washington and soon became a recognized leader of the bar there, and for many years was easily its chief. He had a large and lucrative civil practice, and was on one side or the other of almost every celebrated criminal case that has been tried in Washington during the last twenty years. He was never a man of robust health, and his body was not equal to the requirements of his brain, but he had enormous capacity for work, and while his physical strength sometimes flagged his intellectual resources seemed to be inexhaustible. As a lawyer he was equally great In attack or defense, and his professional ability was recognized equally by lawyers associated with and by those who opposed him. Although Judge Wilson never resumed his residence in Indiana after the close of his service in Congress he indulged the hope of doing so. To a friend in Washington some fifteen years ago, he said it was the dream of his life to return to Indiana some time and spend the evening of his days in a typical Western home. Although long removed from the State he never lost interest in It or its people, and he had always a warm place in his heart for Indiana officials in Washington and for those who visited the capital. He will be greatly missed in the Indiana colony at Washington. .lAcoirs voice, hit esaivs hands. It is related in Scripture that when Isaac was ohl ami nearly blind he called his son Esau to him and begged him to gojiut and kill a deer, in order that Isaac might have a savory dish of meat once more before he died and give his blessing to Ksau. Then Rebekah evolved a scheme by which Jacob should get the blessing. She told him to fetch two good kids from the fiock and she would prepare a dish which Jacob should present to his father and so obtain the blessing intended for Ksau. Jacob did not take to the scheme very kindly. He said to his mother, "Behold, Ksau my brother Is a hairy man and I am a smooth man." Therefore he feared his father, although nearly blind, might discover the trick by feeling and might curse instead of blessing him. But Rebekah insisted and the kid was brought and cooked. Then "she put the skins of the, kids upon Jacob's hands and upon tho smooth of his neck," and bade him take the dish to his father. The latter was surprised to think that Ksau had bagged a deer so soon and questioned him about it. Jacob, who was "a smooth man," prevaricated, and the old man. passing his hands over him, said: "The voice is Jacob's voice, but the hands are the hands of Ksau." Applying this bit of biblical history to the present municipal situation we find that Mr. Maguire, a smooth man skillfully disguised, is trying to pass himself off on a blind public as the real Ksau. There is no Rebekah in the case and no question of venison, but the smooth man who is playing a part is very anxious to get a public blessing. So he says: "In asking the people of this city for their suffrage I now declare that I Indorse the excellent administrations of Mayor Taggart." "The voice is Jacob's voice, but the hands are the hands of Ksau." president hooseyelt ami the Bonus. Foreign dispatches stato that Mr. Kruger and Dr. Leyds. the Transvaal agent, are drawing up a petition to President Roosevelt asking him to intervene in the BritishBoer war. Their action seems to be based on the idea that the new President will have u new policy, and on the further assumption that a wild proposition or unreasonable appeal to the head of a government stands a better chance of favorable reception in the first flush of accession to office than it would later. There are some Americans, overzenlous friends of the Boers, who have imagined that because Mr. Roosevelt is of Dutch descent he will be inclined to use his Influence and power as President in favor of the Boer. Some of these persons judge him by themselves, and imagine because they have brought old country race prejudices with them to the United States and allow them to control their feelings and action as American citizens, that President Roosevelt will do the same. They greatly misjudge the man. It is true, he is of direct Dutch descent, but his ancestors were Americans for generations, and he hisielf Is an Amtriean of Americans. Proud as he doubtless is of his Dutch ancestry lie would probably resent as a personal insult a suggestion that any official act of his should be shaped or colored by that fact. It 1 possible that this question may have been a subject of speculation In British official circles. If so it can be easily settled bv rtfertnee to President ltoosevclt's dec

laration on his accession to the office. "In this hour of drepand terrible bereavement," he said. "I wish to state that it shall be my aim to continue absolutely without variance the policy of President McKinley for the peace and prosperity and honor of our beloved country." Whoever wishes to know what President Roosevelt's attitude toward the British-Boer war will be has only to recall what President McKinley's attitude was. It was one of strict neutrality and nonintervention. In his annual message of December. IV. President McKinley said: This government has maintained an attitude of neutrality in the unfortunate contest between Great Britain and the Boer States of Africa. We have remained faithful to the precept of avoiding entangling alliances as to affairs not of our direct concern. Had circumstances suggested that the parties to the quarrel would have welcomed any kindly expression cf the hope of the American people that war might be averted, good offices would have been gladly tendered. After the war began strong efforts were made through political pressure and the declarations of the national and State Democratic conventions to force President McKinley to intervene or to recognize the Independence of the Boers, but he withstood all pressure and adhered strictly to the policy of neutrality. There would have been no reason to expect that President Roosevelt would take a different position on this question from that of President McKinley, even If he had not declared his intention to continue the latter's policy "absolutely without variance," but his declaration to that effect closes discussion. Those who are counting on President Roosevelt's Dutch descent to secure the intervention of the United States in the British-Boer war will be greatly mistaken.

tiii: I.OCAI, CAMPAIGN. The attention of the people has been absorbed by a great calamity which would have made a show of political activity objectionable and in bad taste, and because of this numbers of people are now remarking that they have never seen so little interest in a municipal campaign. This remark is mado by members of both parties, and, because Democrats generally are more certain to go to the polls than Republicans, the apparent lack of interest is counted by some as a factor in the campaign which is favorable to Mr. Maguire. Those who are now saying there is no interest in the city election have not taken the pains to inquire of reliable members of the Republican committee, whose business it is to ascertain the drift of sentiment and the feeling of Republicans. These men express satisfaction with the general outlook. In one or two localities the condition is not so favorable as those in charge of the campaign would like, but the interest in other sections makes up any apparent defection or lack of interest elsewhere. For instance, a man w ho has been chairman of a precinct committee for eight years said yesterday that where eighteen Republicans voted for Taggart in but one would vote for Maguire this year, end he would do so on personal grounds. There are other Indications that Mr. Maguire will not get any of the Republican vote which Mayor Taggart has always received. In addition to small neighborhood meetings held by those Interested in getting out the vote, ten or a dozen precinct meetings are held every evening, which art? characterized by a satisfactory interest. It is said that at party headquarters assurances that the managers are confident of success are always given out. It may be added that campaign managers often have another story for the few men who are In their confidence. At the present time the public assurances and tiie private information coincide. In the private room of the chairman, as well as in the outer rooms, those who are familiar with the campaign are equally confident that Mr. Maguire will be beaten by a substantial plurality.' The New York Times exposes a scheme of some Washington parties by which pension claim agents who make a bargain with these parties will get $10 for obtaining an increase of a pension where they now get but $2. The man in Washington who is soliciting "the power of attorney and assignment" from claim agents does not specify what course he will take to get the extra ?S in fees, but says mysteriously that he and other persons propose a line of xrocedure by which the fees promised can be obtained. The Times correspondent states that some of the men in the movement failed to get their schemes through the last National Encampment of the Grand Army, and that their hostility to Commissioner Evans is because he will not take $10 from each pensioner for fees instead of $2. Questions for the thoughtful voter: What has the Taggart administration done for the benefit of Indianapolis to compensate the increase of the tax levy 21 per cent.? What has the city to showin approximate value for the increase of the bonded debt $717,0oy? If a GO-cent levy under the last Republican administration was sufficient to meet all expenditures and leave a surplus, is it well to continue the control which has increased the levy to 7J cents and yet has left obligations of thousands of dollars to be paid by temporary loans? There are many other pertinent questions along this line. In explaining the hostility to the late President of a few men in Massachusetts who make a great noise, the Boston Journal says "it should be understood that they are against the men in power and the things that are. For a time they were very proud of Mr. Cleveland, but in the Venezuela controversy, when they had to choose between England and Mr. Cleveland, they showered their abuse upon the Democratic President as they since have upon Mr. McKinley." At that time most Republicans supported the Democratic President as a patriotic duty. When Mr. Taggart became mayor In IStt there was a cash balance in the treasury, not a dollar of temporary loans, and all the taxes due the next month were unanticipated. During the six years that' he has been mayor the bonded debt of the city has been increased $717.'. and to-day there is not a dollar in the treasury and temporary loans are aslted for in excess of the 2 per cent, constitutional limit. If to state these facts is slandering the city, let those who think so make the roost of it. THE JESTERS. A It Im To-Diiy. Philadelphia Prv.-s. l'eim Well, the season of the d.arna Is in full swing ajcain In Nw YorW. I fuj pose. CSotham- Not ft all, hut th teus-on of the dramatization is. A Coincide nee. Washington Star. Iady," paid Meandering Mike. "I ha traveled a U-r.g an" weary way ia de hjpe of gettia'

anudder one o'dm pies like what you gimme last year." "Well:" exclaimed the housewife, who isn't afraid to r left at home alone. "If that isn't a coincidence! I have had one of those ;ime T-U-s waiting all these months for somebody Vi come along and at it!"

Next Thing. Chicago Tribune. "Hit btats all," exclaime4 Undo Kph'm. "how de slot i.iachine business is asxowin". After awhile you'll bo droppin a penny In de sl'jt an pettln' rdici..n." Studie in Sense. Washington Ftar. "A man Is the most sensible of all animals. Is he r.ot?" "Certainly." "Then I wonder why he doesn't wear a loose, comfortable collar like a dog's." A Kitchen 3ljter. New York Weekly. Father Cooking schools are cf some use after all. This cake is delicious. Daughter Is it? I thought it would be a terrible failure. "Why so?" "I told Uridge-t exactly how to make it. and Ehe went and made It some other way." DECLARED GUILTY. (CONCLUDED FROM FIRST PAGE.) bing the colored man when he arrived. William H. Seward, who livd then in that city, appeared upon the street and counseled mederation: counseled the people to wait and see whether the man was really guilty of the crime or not and permit him to have a legal trial. But the people protested. He was guilty, they said, and must be disposed of. Mr. Seward Insisted, and they incarcerated Freeman in jail. MR. SK WARD'S EXAMPLE. "It soon became known that Mr. Seward had volunteered to elefend the negro when he was put on trial, and indignation arose against him; but that far-seeing man, that statesman, saw that there was an opportunity of giving an cbject lesson to the world as to the proper elisposition of that case, and for two long months that trial went on with Seward defending the negro. It occupied some three weeks In obtaining a jury and I sat by during almost the entire proceedings of that trial and listened to the defense that Mr. Seward interposed. Not that he cared anything for the negro, but he wanted to maintain the law giving every man a trial, and to put down mob violence. "This trial here is a great object lesson to the world. Here is a case where a man has stricken down the beloved President of this country in broad daylight. In the presence of hundreds of thousands of spectators. If there was ever a case that would excite the anger, the wrath of those who saw it, this was one, and yet, under tho advice of the President, 'let no man hurt him' he was taken, confined in our prison, indicted, put upon trial here and the case is soon to be submitted to you, as to whether he is guilty of the crime charged against him. That, gentlemen, speaks volumes In favor of the orderly conduct of the people of the city of Buffalo. "Here was a man occupying an exalted position, a man of irreproachable character; he was a man who had come here to assist us in promoting the prosperity of our great exposition. And he was shot down while holding a reception. "His death has touched every heart in this community and In the whole world, and yet we sit here and quietly consider whether this man was responsible for tho act he committed. That question is one you are called to decide. "The law presumes the defendant Innocent until he is proven guilty, and we start with the assumption that the defendant was not mentallv responsible for the crime he committed. We have, not been able to present any evidence upon our part. The defendant has even refused, on almost every occasion, to talk with his counsel. He has not aided us, so we have come here unaided to consider this important question. But I know there is in every human being a strong desire to live. Death is a spectre that we all dislike to meet, and here this defendant, without having any animosity against our President, without any personal motive, so far as we can se committed the act. which, if he was sane he knew must cause death. ACT OF INSANITY. "How can a man with a sane mind perform such an act? The rabble in the streets will say, no matter whether he Is insane or not. he deserves to be killed. The law, however, says you must consider the circumstances and see if he was in his right mind or not when he committed the deed. If you find he was not responsible you would aid in lifting a great cloud from the minds of the people of this country. If the beloved President had met with a railroad accident and been killed our grief could not compare with what it is now. If you find that he met his fate through the act of an insane man it Is the same as though he met it by accident. 1 had the profoundest respect for President McKinley. I watched him in Congress and during his long public career, and he wax one of the noblest men God ever made. His policy we care nothing about, but It alwayj met with my profoundest respect. His death was the saddest blow to me that has occurred in many years." Judge Lewis was crying when he finished, and the eyes of many of those in the courtroom were filled with tears. Judge Titus then arose and said that Judge Lewis had so completely covered the ground that it seemed entirely unnecessary for him to reiterate it. and he would, therefore, rest. At 3:19 District Attorney Penney began summing up. He spoke in a clear, wellmodulated voice, and every word could be heard in any part of the room. He said: "It is hardly possible for any man to stand up and talk about this case without tho deepest emotion. It was the most awful tragedy that ever came upon the world. "We have shown you this defendant stood in the Temple of the Music that afternoon and shot down our beloved President. We have shown you how he deliberated on and planned this awful crime. We have shown you how he attended anarchistic and socialistic meeting at which were sown in his heart the seeds of this terrible act. "The counsel for the defense says'if the defentlant was sane he was responsible, and that if he was Insane he must be presumed to be innocent. He tells you that is a presumption of law. "It is also a presumption of law that every man is sane until proved Insane. Evidence tending to show that the prisoner was insane has not been forthcoming. It has been proven that he was the agent of the crime, and there should be no question in your minds as to the responsibility of the defendant. NO TIME FOR ORATORY. "This is no time for oratorical display. Counsel for the prisoner and myself have endeavored to eliminate all sensationalism from this case. It is not my intention to indulge in extended remarks. Tou understand 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 commended 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 elon't retpect our laws, and unless they feel the irresistible force of prompt and proper action in this case something awful will 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 a school teacher, then a lawyer, then a judge, a Governor, a congressman and then a President of the Fnited States, and. above all. a loving husband, and that cn to the last day. when he said: lt is God's way; good-bye all. good-bye;' a man so great that he could raise his hand and save his own assassin, a man who could shake the hand of even the very worst man you could imagine. "It i a great lesson that so i;roat a man can stoop so low; that he was so great that he could forgive his own assassin. He was the noblest man, I believe. God ever treated. A man who stood near him in i the Temple of Music said to me: I have ! traveled in all parts of the world and have .-eeu peojue assemiueu to greet tneir rulers, but when I saw the people stand in the railroad stations and along the country through which the funeral train passed that they might get a look at the casket of this great man. I was convinced as never before that there Is such a thing as a national heart. "That national heart was broken, and it will take God's way and time to heal A. "It was broken b a class of people uho are coming to our country in increasing numbers and while harbored by our iaw, are propagating their malicious views; a

class of people that must be taught we have no place for them on our shore?: a class of people that must be taught that they cannot take the life of any one irrespective of consequences. "Think again, gentlemen, here is a man who does not want a lawyer; who does not believe in God nor in law: a man who does not believe in the married relation yet our laws are such that he Is defended by two of the ablest jurists In our city, as if he were the most respected defendant. Yet. gentlemen, you are required under the constitution to listen to the formal presention of the evidence, notwithstanding that this man does not want it. THE JURY'S DUTY. "Gentlemen, I have said all I have to say; I have said more, perhaps, than I ought to say. You have sworn to give him a fair trial on the evidence. Now, what is the evidence? I say as it has been presented to you it fully substantiates the crime charged. "The duty of counsel on both sides is ended. The court will charge you brieflyf then It will be your duty to take up the case. No doubt the same thought and the object is in all our minds that although our beloved country has lost her greatest man, it 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 a dastardly act and not receive the full penalty of the law." Justice White began his chaYge to the jury at 3:2U. He 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 an acknowledgment in such circumstances cannot go to the jury or the court. Th law requites that the defendant 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 twelve men, impartial and fair, capable of taking the testimony of the trial and giving it thorough consideration. If, when all the circumstances of the case are considered by you. there still exists In your minds a reasonable doubt that the defendant is not guilty, you cannot find this man guilty.

The people have submitted evidence tending to show that this defendant committed this crime; they have given evidence tending to show that It was premeditated. If you are satisfied that there was design and premeditation, and if. In accordance with that premeditation and design, these shots 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 it fairly and without prejudice. You are sole judges of the facts In this case." A "REASONABLE" DOUBT. Continuing. Justice White said: "The jurors must find him guilty beyond a reasonable doubt. You may ask what a reasonable doubt is. While a great deal has been written and said on the definition of 'reasonable doubt,' in this case it means that the jurors are bound to sift, compare and examine all the evidence, and if, in their minds, there is any doubt as to the defendant's guilt, they are bound to acquit the defendant. If there Is no doubt in your minds, then you are bound to bring in a verdict of conviction. 1 am very glad that up to the present stage of this lamentable affair, so far as the jury and people of this city are concerned, there has been shown that respect for the law that is bound to teach a valuable object lesson. The defendant has been given every advantage of experienced counsel. I deplore any incitement to violence, and the man who Is ready to go out and commit a crime because some other man had committed one is as guilty as the latter and his act is just as reprehensible. It is proper that I should define the crime of murder in the first and second degrees and manslaughter in the first and second degrees. If the defendant, on Sept. 6, did wrongfully assault, shoot or wound William McKinley by means alleged in the indictment, and if the act was committed with premeditated design, and if the act was the sole and approximate cause of death, and if the defendant knew he was doing wrong at the time, the defendant was guilty of murder in the first degree. "If the act was not premeditatecU he was guilty of murder in the second degree. If the shot was fired accidentally and without premeditation, he is guilty of manslaughter in the first degree. It is not necessary for me to discuss the question of manslaughter in the second degree in this case." Justice White then commended the jurors for their patience during the trial and ordered them to retire and bring In a verdict. Just before they did so, however, District Attorney Penney requested the judge tc charge the jury that the law presumes every individual pane unless proven otherwise and the court said to them: "The law presumes the defendant in this case sane." Lawyer Titus also asked the court to charge the jury, "that if they were satisfied from the evidence that at the time of the committal of the assault the defendant was laboring under such a defect of reason as not to know the quality of the act or that it was wrong, he was not responsible and the jury must acquit." "I so charge," said the judge. PROGRESS OF THE MORMXG. Dr. Mann Cross-Einmlnetl More Ladles In Attendance. BUFFALO. X. Y.t Sept. 24,-The Czolgocz trial was resumed promptly at 10 o'clock this morning. The crowd about the courtroom to-day was slightly larger than yesterday. The vigilance of the police was in no way relaxed. The same careful scrutiny of each person entering the court was observed. The courtroom, owing to the care exercised by the sheriffs and police as to who was admitted, was nearly empty fifteen minutes before the time for opening, but it was filled quite rapidly after that. There were many more ladies in the audience to-day than yesterday. The prisoner was brought over from the jail at 9M3 and placed in the same chair as he occupied yesterday. The members of the grand jury who indicted him were present as guests of the assistant district attorney, and occupied seats back of the clerk's desk. Drs. Mynter, Mann and Fowler came in early, and Dr. Mann was ready to take the stand at once for cross-examination. At 9:50 the members of the jury filed in and took their seats. It became known this morning that application for seats had been made by representatives of several Anarchist papers, but they have been refused. Justice White arrived exactly at 10, and the crier Immediately uttered the formal notice of the opening of court. The jurymen were polled and Samuel J. Fields, chief engineer of the Pan-American Exposition, was recalled to the witness stand. He was asked by District Attorney Penney the meaning of a certain figure on the lloor plan of the Temple of Music. He said it was intended to show the direction which the file of people took in entering the building, passing in front of the President and then out of the building. Dr. Matthew D. Mann was then called for cross-examination. "Was the condition which you found at the autopsy to be expected from the nature of the wounds which the President received?" asked Mr. Lewis. AN UNUSUAL CONDITION. "It was not expected and was very unusual. I never saw anything just exactly like it," replied Dr. Mann. "To what, then, do you attribute the symptoms or indications which you discovered, the gangrenous condition of the wound?" . "It is very difficult to explain it. It may be due to one of several things. I think it would be necessary for further examinations to be made before any definite explanations could be made. It should be the duty of the pathologists." "You have no opinion In the matter?" "I have no definite opinion." "1 presume, therefore, that tne optimistic bulletins that were issued from time to time by the physicians were without any knowledge or suspicion of these symptoms that were afterwards discovered?" said Mr. Lewis. "The bulletins were optimistic In that they gave no Idea of what was to come." was the reply. "The bulletins expressed no opinion. They merely stated facts, but the opinions which were hid by the staff seemed to be fully warranted by the condition of the President. We had no reason to suspect the existence of any such state of affairs as was fount!," replied the witness. "Now, doctor, you say It was due to several causes. Can you give either of them?" "The entrance of germs into th parts may have been one of the causes. The very low state of vitality may have been on

cause. The pancreatic juice may have been one; undoubtedly it contributed to it." "The germs which you speak of are present. I understand, in all our bodies?" "Yes." "Anil make their work prominent when the body is in any way injured?'" "That Is true." "That you expected, of course, in this case?" "If the operation is carefully and properly performed we can to a certain extent guard against the entrance of these germs. We cannot do so entirely." "How?" "By having everything absolutely clean which is used in the operatioa the hands of the operators, the instruments, the ligatures and things we use. Nature can take care of a certain number of germs and overcome their bad effect." REMEDIES FOR GERMS. "Are there any remedies known to the profession to prevent the action of these germs?" "There are remedies which will kill the germs, but it is very difficult to apply them deep down in the tissues of the body. After they have got lodgment in the tissues it is Impossible to kill them." "The President was not in a very good physical condition, was he?" asked the attorney. "He was somewhat weakened by hard work and want of air and conditions of that kind," replied the doctor. "You think that had something to do with the result?" "Undoubtedly," was the answer. "You agree with the other physicians that the pancreas was not injured by the ball?" "As near as could be determined that organ was not injured by the ball, but it was injured lir some way, possibly by concussion. Once the organ is Injured the pancreatic juice can pass through the gland and attack other portions of the tissues." "The only attribute of that organ ia to aid digestion?" "Yes." . On redirect examination by Mr. Penney Dr. Mann was asked if there was anything known to medical science that could have saveel the President's life. "No." was the reply, without hesitation. Lewis L. Babcock. who was in charge of the ceremonies In the Temple of Music on the day of the shooting, followed Dr. Mann. He gave details of the arrangements made for the reception, and described the position of the President and the points of entrance and exit from the Temple of Music and told where he stood when the fatal shots were fired. "I heard two shots. I Immediately turned to the left. I saw the President standing still, ami he was deathly pale. In front of

him was a group of men. bearing the prisoner to the floor." "Did you recognize anj' of the men in the group?" "Yes, the artillerymen and two secretservice men. They threw the prisoner to the floor in a second. I did not recognize the men who took the pistol away from the prisoner. The hall was at once cleared." "What became of the prisoner then?" "He was surrounded by detectives and secret-service men. There was some controversy as to who had the right to the prisoner, but that was quickly settled and he was taken to a side room and later to police headquarters." SAW SOMETHING WHITE. . Edward R. Rice, chairman of the committee on ceremonies in the Temple of Music, was next called. "Where were you at the time of the shooting?" asked District Attorney Penney. Mr. Rice indicated the spot on the ground-floor plan of the temple near where the President stood. "Tell us what you saw," said District Attorney Penney. "As chairman of the committee of ceremonies, I stood close to the President. A line had been passing along about eight minutes. I took my watch out of my pocket, indicating to Secretary Cortelyou that the time for the reception was nearly up. At this instant I noticed something white pushed over to the President. Immediately after that two shots iang eut. The white object fell to the floor with the man who had It in his hand. The hall was cleared and the President was taken to a chair." "Was this man who was borne to the floor the same one who fired that shot?" askeel Mr. Penney. "Yes," answered the witness. Cross-examined by Judge Titus. Mr. Rice said there was no one between him and the President to obstruct his view. "Were there officers on both sides of the line of the people?" 4,Yes." This concluded Mr. Rice's testimony and James L. Quackenbush. another member of the reception" committee, was called to the stand. "Tell us what you know." said District Attorney Penney. "I was standing at Mr. Rice's right, directly opposite the President," began Mr. Quackenbush. "Just before the shots were fired. I noticed this man (the prisoner) lift something white. Immediately there were two shots. Then the artillerymen, who had been standing behind the President, plunged forward, as also did Secret-service Officer Gallagher. The prisoner was borne to the floor. The secret-service man and officers Ireland and Foster were all In the group scrambling on the floor about" the prisoner. On the President's right stood Secretary Cortelyou and back of him the other officers and artillerymen. It seemed as if all those men went to the floor In a mass. Finally the prisoner was lifted to his feet. He was struck in the face by one of the secret-service men and again went to the floor. He was then removed to one of the side rooms." Mr. Quackenbush was shown a photograph of the Interior of the building and indicated the points referred to in his testimony. Cross-examined by Judge Titus, Mr. Quackenbush told how the President was taken from the building to the ambulance and where the prisoner, was at that time. On redirect examination by District Attorney Penney Mr. Quackenbush said he stood in an elevated position, where he could see distinctly everything that transpired. He was present on tne following day when photographs of the interior of the temple were taken. He stated that certain of the pictures shown in evidence were taken before any changes had been made and others after a rearrangement of the fixtures. EXAMINATION OF CZOLGOCZ. On reaching police headquarters the night of the shooting Mr. Quackenbush accompanied District Attorney Penney to the office of Superintendent of Police Bull, where the prisoner was being examined. "Tell us what transpired there?" asked the district attorney. "Mr. Penney and the assistant district attorney had some conversation, and then the prisoner. In reply to questions, stated that he had killed the President because he believed it to be his duty. He understood the position in which he had placed himself and was willing to take the chances. Czolgocz said he had gone to the Falls on the previous day with the Intention of shooting the President, but was unable to carry out his intention. He came to Buffalo and got in line with the people at the Temple of Music. The defendant told us how he concealed his weapon; how he kept his hand concealed in his pocket while waiting to reach the President's side. When he reacheel a point in front of the President he fired. If he had not bet n stopped he would have fired more shots." "Did he say anything about planning to kill the President on any other occasion?'' asked District Attorney Penney. "He said he had been watching the President for three or four days for a favorable opportunity for shooting." "Did he give anv reasons for wishing to kill the President?" "Yes; he said that he did not believe in the present form of government, or in any of th institutions of "it." Continuing. Mr. Quackenbush said: "He (Czolgocz) said he had for several years studied the doctrine of anarchy. He believed in no government, no marriage regulations, and said he had attended church for some time, but they talked nonsense and he would not continue th re." "He said he did not believe in the church or state? " asked Mr. Penney. "Yes; he said he believed in free love. He gave the names ot several papers he had read, four of them, and he mentioned one. known as Free Society." "He mentioned several places he had been and where he had heard there subjects discussed?" asked Mr. Penney. "Yes. He said he lived In Cleveland and before he came to Buffalo he had been in Chicago. He said he had been influenced by the teachings of Emma Goldman and by another woman living in Cleveland whose name 1 don't recall." Mr. Titus then again took the witness In hand. "What were the prisoner's actions while you were questioning him?" he asked. "lie' answered all questions positively and directly." replied Mr. Quackenbush. PRISONER NOT EXCITED. "Did he appear to be In any mental excitement?" "He did not so impress me." "He seemed to be cool and not excited or disturbed?" "He seemed to be disturbed, but not mentally." was the reply. "He bcemed to be

suffering some pain and constantly applied a handkt-rchit f to the -i i - t.r hi- f.;c where he struck and unplair, d th.C his eyes hurt him. lb- had no visjb'.i' marks on his face." "What became of the pitol? D von know?" "1 have it lu re." tnterpos. d the di.-trict attorne, as he showed a pas'. board b-, but it was not offend as oi.. n at that time. Witness s.dl: "The last time l s.iw it was at the time of tie stri.gule." "Did the defendant at this time ap;.-ar CXi ited ?" "Not at all." "Was he upbraided by anybody th i c?" "Not bv anvbody." "Who asktd the questions of him?" "I did mvself. and all the th. r officer. He told us" about his plat e f l irth. o: his bringing-up at Alp na. ai d of his me.ments from the time h' Kot to Ci v. land, ami went to work at th wire mill, bit father's farm. etc. It was all told in a conversational WHV." "Did he hesitate about answering questions at all?" "He did at first. He answer, d with deliberation, but never refined to answer it question. He seemed to take a lively interest in what was going on." cnnr.u d Mr. Quackenbush. "I ask -d him to make a brief statement for puhlicati n. and hwrote oyit the following: 'I kilUd Prrsident McKirley l cause I done my duty, t don't believe one man should h ive so much service anü anoth r should h.- m-n-.' This siatemtnt he sigm-.i. Aft.rward h-f made a stat-nient of two hours' lural'.oi.. At times he volunteered .information and went beyond a iesp-nsive ansv-r." After a whispnd conference btwn Judge Lewis and Judge Titus the latter asked several questions regal lin what Czolgocz said about his arly life. Mr. Quackenbush replied that the prisoner had said that h attended M'hool in Alp n't. Mich.; his mothtr died and his father ivjmarried: they moved t Warrensvjll'. near Cleveland; he did not like his stp-mothr and left home. Colgocz had worki in wir works and had saved Sl""i. Jl'"1 of which he gave to hi father. The r st sui ported him until his arrival in Buffalo." "Was the defendant absolutely willing to answer any juestions?" asked Judge Titus. "Yes." "About his crime also?" "Yes. He was pcrf-ctly fn-e in all his replies." i HIS OWN PLAN. ! District Attorney Penney then asked Mr. Quackenbush if the prisoner had said he was alone in the scheme. "Yes. He said he had act-l entirely alone; planned the crime, carried it out alone and was willing t take the responsibility." was the reply. "Did the prisoner use the word 'anarchy?' " "He did not use that word, but the 11trict attorney used it several times ill putting questions. Czolgocz said he believed every King. Emperor, President or head of government to be a tyrant and should be put out of the way." Secret-service Officer Albert L. Gallagher was then called. He was in the Tcinnle of Music at the time the shooting occurred, standing ten feet from the President, and on his right. "Tell us what you saw?" said District Attorney Penney. "My duty was to keep the crowd moving. The reception had ben going on only a few minutes when I heard two shots fired. A man standing near the President had some-thing in his hand. 1 sprang forwaru. I heard Foster say. 'Get the gun. Mr. G t higher.' 1 grabbed the gun and handketchief. Some one grabbed the revolver, but I held on to the handkerchief." "Have yu got it now ?" "Yes." "lxt us see it." said the district nttorne'. Detective Gallagher then produced a )ov(ler-blackenel and partly burned handkerchief, about ten in hos square. It was shown to the jury and appeared as evidence. "Someone grabb-d me by the throat." continue! Mr. Gallagher. After this fi.Kht I found that the gun was in possession ff one of the artillerymen. 1 adisel that the blood be remivel from the prisoner" f.e before he was taken from the building, which was done." ' Cioss-examinel by Judge Lewis Detective Gallagher was asked some questions about the handkerchh f. "Do you think it is a ladv's handkerchief?" "No. It is a gentleman's," was the answer. ' George A. Foster, of Washingt.n. anoth. r secret-service officer, then took th stand. Foster lsrib-d his position in th-' Ii:t' as opposite that of the prison r. tihd s.nil he was scrutinizing the people as they passed. He said the prison-!' looked h:M square in the face as he passed, and thi next instant he saw the prisoner's o together as if clapping, and two shots wu'i fired. Witness immediately grappled wlii him. As the man lay on the floor, idlooked backwards as if to see what e ff . : his bullets hal had." said the witness, "and this made me so mad that I smashed him right on the jaw." SAW A DARK MAN ALSO. Continuing. Foster testified that he siw a dark man about ten feet in front of th defendant, and. "iiM liking his looks, pushej him along toward Detective Gallagher."

Judge Titus then ross-examir. d the witness ami asked: "Did you see the colored man wlio has been spoken off?" ' "Yes. I think be was some distance ahead of the defendant, not b hind him. I did noi see any color d man in the fracas that followed at all." "Dil you see any little girl ahead of thy defendant?" I "I saw a little girl, but cannot tell just where she was." "As the man passed you, did you not se his right hand?" j "No. They were so close togetht'r that i could see no one's right hand. I d.pndil on the other guards to do that." ; Francis P. O'Brien, a pfhate in the S v-enty-third United States toast artillery, was next called. , He had been detailed to guard the President at the Temple of Music and was standing at the right of the President wh ti th. shooting occurred. His story follows: ' "When I heard the report 1 was looking at the President and saw th' man. I jumped at this defendant. I saw the Mnoke coming from his hand. I knot k d him v r against someone, I don't know whom. 1 ;;-A the revolver and gave it up to my commanding officer, Captain Wisser." "Did you mark It?" ask.-.l Mr. Penney. "I put my initials on it." Mr. Penney th-n produced the murder r' weapon and O'Bii-n identified it by initials which he made on it before he surr nder-d it. "Were you e.n the sid- of the President from which the people were coming in'."" asked Judge Titus, in cross-examination. ; "Yes." ' "Were there any sec r t-servit m-n lesides you?" "Not right besid- me." "How near were you to the President?" . "Thiee or four f t." "When you saw the s ond shot fired you jumped at the prisoner?" "I did." "Wen you the first to get at him?" ' "I think I was." "Did anyone help you get the gun?' '. "I got it niyst If." "Was lie on the floor then?" "No. He was not. A minute 5 iter I wbattered by men who w.ntd rr.e to tut the revolver over to th tn." Iymis N ff. another pri.t and Corporal Bertschy then gave testimony in corrolniration. in-: saw czoi.;m'z. Harry F. Ih-nshaw, sup Tinten! tit of tt. Temple of Music, was the next witness. He sail when the shitlng occur r-l he was just on th- right f the Prsid nt. Mr. P nney question-! him. "As you stood there, were you looking towanl the people who appra h 1 tha PnsMent?" he asked. "I was, very carefully." was the r j!y. "Ami I notic l this d f. ndant In the fin approaching the Prsi.lnt, with his hand pressed against hi- abdomen and ncas.il In something. Then I t.otU.d. a h- Ire' , near the Presi.lent. he exteitde! I. is l i hand. Th Presid nt put forward his rhi band. Like a flash the assassin pa-l. 1 thi President's tUht hand out f th' wayi Th-n I hcanl two shots and saw the hands kerchief smoking. The rwd :. t h. r d. j atoun! the defendant s ui kly that u$ ' was lost to my vn w in an instant. 1 w.it by th- i'l -sli -nt'.- sile when the I'reil at i was taken awav in the ambulance. "

Just b fotv Judge L'wis started hi- :.s4 examination he turiod to sp ak to th prisoner, but Czolgocz would pay no at tt-ntioti to him. ; Only a few ouestion were ask! by Ju !? Lewis. anl Mr. llnshaw was x-u-ed. John Bram h. a t oi r .1 employ of the exposition company, in the Temple of Music, next took the stat;.i. He indicate! on th- map where he stood at the time nf the shooting. H saw 'zo!gz coming toward the President. He noticed that bin hand was wrapped in a h nlk rc 1.1 f. Suddenly two shds rang out. ami lie saw the handkerchief In the ,;cfenlant'n ban. I smoking. An artilleryman grabU I the prisoner first anl then he was born' to the floor. J "Did you bear the President say unythine