The San Francisco Call. Newspaper, September 25, 1901, Page 2

EXE CIOLEOST CONYICTED BY JURY, Continued From Page One. young man living in_ Auburn, studying my profession, the news came that & colored man had gone up on the shores of Owasco Lake and there had murdered practically an entire family named Van Ness. The news created intense excite- ment. The people gathered on the streets to-hear the news. In the course of the afternoon it was learned that the man, Freeman, had been arrested and was be- ing brought to the city to be incarcerated. ‘The people upon the streets became more and more excited. They began. to talk about mobbing the colored man when he arrived. Willlam H. Seward, who lived in that city, appeared upon the street and counseled moderation, counseled the | people to wait and see whether the man was really gullty of the crime or not, and permit him to have a lezal trial. But the people protested. He was gulity, they £aid, and must be disposed of. Mr. Sew- ard insisted and they put Freeman in jail. It soon became known that Mr. Sew- ard had volunteered to defend the negro when he was put on trial, and indignation arose against him, but that far-seeing man, that statesman, saw that then was in opportunity of giving an object lesson to the of that cas the trial went on with Seward defending the negro. in obtaining a jury, and I sat by almost during the entire proceedings of that trial and listened to the defense that Mr. Sew- al:d interposed. Not that he cared any- 1 ving every man a . and to put-down mob violence. Object Lesson to the World. ““This trial here is a great object lesson | o the world. str Here is a case cken down the beloved President his country in broad daylight in the nce of hundreds of thousands of tors. If ever there was a case that excite the anger. here a man would thcse who saw it was this one, and yet, vnder the advice of the President, ‘Let no n hurt he was taken, confined in prison, indicted, put on trial here and case is soon to be submitted to you to whether he is guilty of the crime charged against him. That, gentlemen, aks volumes in favor of the orderly gonguct of the people of the city of Buf- alo “Here was a man occupying an exalted position, a man of irreproach- able character; he was a man who had come here to assist us in promoting | the prosperity of our great exposi- tion. And he was shot down while bolding a reception. His death has touched every heart in this commu- nity, and in the world, and yet we sit here quietly considering whether this man was responsible for the act he committed. That question is one that you are called to decide. resumes the e 5 proven the assumpt as not mentally committe defendant inno- guilty and the nt has e ion to talk to aided us his so we have not dey re to | dislike. to | cause his h a sane mind The rabble in the no matter whether 7 o committed deed. you find he not responsible, you would aid in_ liftir a great cloud from the minds of the g ple of this country. If the beloved Pres: h 1 accident andy| £ could not compare If you find that he s fate through the act of an insa 1an, it is the same as if be met it by ac- cident “I had the profoundest respect for President McKinley. I watched him in Congress and during his long pub- lic career, and he was one of the no- blest men God ever made. His policy we care nothing about, but it has al- ways met with my profoundest re- spect. His death was the saddest blow to me that has occurred in many years.” with what it s now: Weeps as He Finishes. L was crying when ne finished and the eves of many of those in the court- room were filled with' tears. Titus then arose and sald that Judge Lewis bad so completely covered the ground t it seemed entirely unneces- gary for him to reiterate it, and he would, therefore nothing. At 10:30 District Attorney Penney began summing up. He spoke in a clear, well modulated voice, and every word could be heard in any part of the room. He sald: “Jt is hardly possible for any man to stand 2nd talk about this case without the deepest emotion. It was the most awful tragedy that ever came upon the world. We have shown you how this de- fendant ‘stood in the Temple of Music that afternoon and shot down our be- loved President. We have shown you how e deliberately planned this awful crime. Ve have shown you how he attended an- histic and socialistic meetings, at were sown in his heart the seeds The counsel for the defense says if the fendant was sane he was responsible and that if he was insane he must be presumed to be innocent. He tells you that this is a presumption of law. Presumption of Law. “It is aleo a presumption of law that every man is sane until he is proven in- sane. Evidence tending to show that thc prisoner was insane has not been forth- coming; it has been proven that he was the agent of the crime, apd there should be no question in your mifs as to the re- sporsibility of the defendant. “This is no time for oratorical display. Counsel for the prisoner and myself have endeavored “to eliminate all sensational- ism from this case. It is not my inten- tion to indulge in extended remarks. You | wnderstand the responsibility resting upon you. The counsel has sald there ‘should be no lynch law in this State. He has told you that the people of Buffalo are 10 be commended for the spirit displayed by them since the murder of the Presi- world as to the proper disposition | . and for two long months It occupied some three weeks | for the negro, but he wanted to| the wrath of | we | - | | | THE SAN FRANCISCO CALL, WEDNESDAY, SEPTEMBER 25, 190 COUNSEL FOR CZOLGOSZ PAYS A TRIBUTE TO TH CUTIVE AND DEN i OUNCES ANARCHY AND E SLAIN B L THE AMERICAN PEOPLE WILL DESTROY ANARCHY AND SILENCE ITS DEADLY RATTLE—YELLOW JOURNALIST1. i dent, but the law_ must be vindicated. This terrible thing has happened because here are people in this country who, un- ss they feel the irresistible force of mpt_and proper action in this case, will cause something awful to happen to our beloved country. Eulogizes the Martyr. “Think, gentiemen, of that grand man | { who stood, only a few days ago, in the | | Temple of Music, and how he came from the lowly walks of life, how he was first a schéolteacher, then a lawyer, then .a Judge, a_Governor, a Congréssman and then a President of the United States, ; | and, above all, a lo\’infi‘ husband, and | that on the last day he sal “It's God’'s way; good-by, ail; good-by,” 2 man so great that he co! save his own assassin, a man who could shake the hand of even the very worst man you could imagine. “It is a great lesson that so great a man can stoop so low, that he was so great that he could forgive his own as- sassin. He was the noblest man, I be- lieve, God ever created. A man who stood near him in the Temple of Music said to me: ‘I have traveled in all parts of the werld and have seen people assembled to people stand in the railroad stations and along the country through which the fu- look at the casket of this great man, T is such a thing as a national heart.’ “The national heart was broken, and it will take God’s way and time tc heal it. It was broken by a class of people who are coming to our country in increasing numbers, and while harbored by our laws, are pro- pagating their malicious views; a class of people that must be taught that we have no place for them on our shores, a class of people that must be taught that they cannot uke' the life of any one irrespective of conse- quences. “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 defend- ant, and even_comes into court and says he is guilty. Yet, gentlemen, you are re- quired under the constitution to listen to the formal presentation of the evidence, notwithstanding that this man does not it. t it. entlemen, I have said all I have to say. 1 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 subStanti- ates the crime charged. “The duty of counsel on both sides is ended. The court will charge you briefly; then it will be your duty to take up the case. No doubt the same thought, the same object, is in all our minds—that, al- though our beloved country has lost her greatest man, 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 pen- alty of the law.” Justice White’s Charge. * Justice White began his charge to the jury at 3:20. He arose and stepped to_the side of the bench nearest the jury box. He said: “Gentlemen of the jury: In this case Have You Seen Everett b i N',A\‘i“v\li‘v i it Park 8St., the New, Artistic Piano? If not, you have not seen the new leader—the coming automobile, so t> speak. The “EVERETT” is a wonderful and original creation, imitating no other piano and possessing a body—a soul ell its own. Become at once the owner of an “EVERETT,” and you. become the possessor of a truly ideal piano. ‘We urgently request an inspection. For sale only by THE WILEY B. ALLEN GO, * 933 Market St., San Francisco, BRANCHES: 951 Broadway, Oakland; 57 5. Market St., San Jose; 1342 Alameda. 1d raise his hand and | greet their rulers, but when I saw the | neral train passed, that they might get a | was convinced as never before that there | | the defendant has acknowledged his gullt. Such an acknowledgment in such circum- stances cannot go to the jury or to the | court. The law requires that the defend- | ant charged with such a crime must be tried. The law says that all the facts must be observed and reviewed by you. The law guarantees that the defendant | shall have a fair trial by twelve men im- | partial dnd fair, capable of taking the tes- timony of the trial and giving it thorough consideration. .If, when all the circum- stances of the case are considered by you, there still exists in your minds a reason- able doubt that the defendant is mot guilty, you cannot find this man guilty. “The people have submitted évidence tending to show that this man committed this - crime; ihey have given evidence tending to show that it was premeditated. If you are satisfied that there was de- slgn and. premeditation, and if in accord- ance 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 Ie\'ldent‘:e that the people have submtited | | to vou. You must consider it fairly and without prejudice. You are the judges of the facts in this case. “The jurors must find him guilty be- yond a reasonable doubt. You may ask | What is a reasonable doubt. While a great deal has been written and said on the definition of ‘rcasonable doubt,’ in this case it means that the jurors are bound compare and examine all the evi- 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 vour minds then you are bound to bring in a verdict of conviction. I am very glad that up to the present stage of this lamentable affair, so far as the_ jury and the people of this city are concerned, there has been shown that re- spect for the law that is bound to teach a valuable lesson. The defendant has been given every advantage of expe- rienced counsel. “I deplore any incitement to vio- lence and the man who is ready to go cut and commit a crime because some cther man had committed one is as guilty as the latter, and his act is as reprehensible.” sole crime of murder in the first and second degrees and manslaughter in the first and lsct'find degrees. If the defendant on Sep- tember 6 did wrongfully assault, shoot or { wound William McKinley by means al- {leged in the indictment, and if the act 1 was ccmmitted with premeditated design, and if the act was the sole and approxi- mate cause of death, and if the defendant knew he was doing wrong at the time, the defendant is guilty of murder in the first degree. “If the act was not premeditated he is guilty of murder in the second degree. If the shot was fired accidentally and with- out premeditation he is guilty of man- slaughter in the first degree. It is not necessarf' for me to discuss the question of manslaughter in the second degree in this case.” . Defendant Is Presumed Sane. Justice White then ordered the jury to retire and bring in a verdict. Just before they did so, however, District Attorney, Penney requested the Judge to charge the jury that the law presumes every individ- ual sane unless proved otherwise, and the court said to them: ‘“The court presumes the defendant in this case sane.” < Titus also asked the court to charge the jury “that if they were satisfied from the evidence that at the time of the commit- tal of the assault the defendant was la- boring 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.” 1 so charge,” said the Judge. After the jury had retired to consider the evidence the scene in the courtroom became dramatic in the extreme. De- corum was somewhat forgotten and spec- tators stood up and many walked about the room and engaged in conversation. The guards about the assassin, who still sat in his seat before the bench, were doubled. Chief of Detectives Cusac and two of his men taking positions just back of Czolgosz' chair. Others took seats to the left and right, and many plain clothes men were seen mingling among the crowd surging about the room, closely watching every one whose face was not-familiar to them. There was no disposition to crowd about the prisoner, although the object of every one seemed to be in a osition to command a full view of his '‘ace. Czolgosz had been seated in his chair all the afternoon, his hands clasped on the arms of the chair and his head bent forward and a little to the left. \ Verdict of “Guilty.” The room was not warm, but he fre- quently took his handkerchief from his ocket and mox:‘fed the perspiration from is forehead and cheeks. At no time dur- ing the absence of the jury did he raise his e¥‘u or lift his head or seem to know that he was the object of interest of sev- eral hundred men and women. Every time the door was opened dll eyes were turned in that direction, the evident thought in every mind being that the jury would only 1 take a few minutes to agree on a verdlet. It was 4:35 when the crier.rapped for “It is proper that I should define the\ order and the jury filed into the room, The clerk read their names, each juror responding ‘'present” as his name was called. No time was wasted. The jurors did not sit down. Addressing them Justice White said: “Gentlemen, have wyou agreed upon a verdict?”’ 'We have,” responded Foreman Wendt. What is your verdict?” “That the defendant is guilty of murder in the first degree.” There was a moment of sllence, and then a murmur arose from the lips of the crowd. It ended there. There was no handrlap?llg:mo ‘chpersy . Justice White's voice could be' clenfl; h in every part of the room wien he thinked the jurors for their work and allowed them to go until 11 o’clock to-morrow morning. Court was at once adjourned. Czolgo: was immediately handeuffed and hurrie from the courtroom, taken down stairs to the basement and through the tunnel under Delaware avenue to the jail. He seemed in ne way affected by the result of the trial. CONCLUSION OF THE TRIAL. Assassin Convicted of Murder in the First Degree. BUFFALO, N. Y., Sept. 24.—The trial of Czolgosz was resumed to-day with every prospect of a swift conclusion. The crowd about the courtroom to-day was slightly larger than yesterday. The vigilance of the police was in no way re- laxed. The same careful scrutiny of each person entering the court was observed. The courtroom, owing to the care exer- cised by the Sheriffs and police as to who was admitted, was nearly empty fifteen minutes before the time of opening, but it filled quite rapidly after that. There were many more ladies in the audience to-day than yesterday. The prisoner was vrought over from the jail at 0:45 and placed in the same chair as yesterday. Members of the Grand Jury which indicted him were present as guests of the District Atitorney and oc- cupied seats back of the clerk’s chair. octors 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 ap- plication for seats had been made by representatives of several anarchist pa- pers, 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 jury- men were polled and_Samuel J. Fields, chief engineer of the Pan-American Ex- position, was recalled to the witness- stand. He was asked by District Attor- ney Penney the meaning of a certain fig- ure on the floor plan of the Temple of Musfe. He said it was intended to show the direction which the people took in entering the building passing in front of the President and then out of the building. Dr. Mann Cross Examined. Dr. Matthew D. Mann was then called for cross-examination. “Was the condition which you found at the autopsy to be expected from the na- ture of the wounds which the President received?” asked Lewis. “It was not expected, and was very un- usual. I never saw anything just exactly like it,” replied Dr. Mann. “To what, then, do you attribute the symptoms or indications which you dis- covered, 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 exami- nation to be made before any definite ex- planation could be made. That would be the duty of the pathologists.” * “You have no opinion in the matter?” “I have no positive opinion.” “I presume therefore that the optimis- tic bulletins that were issued from time to time by the physicians were without any knowledge or suspicion of these syrndgtoms that were afterward discov- ered?” “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 held by the staff seemed to be fully warranted by the con- dition of the President. We had no reason to suspect the existence of any such state of affairs as was found.” “ “Now, doctor, you say it was due to several causes. Can you give either of them ?” “The entrance of germs into the parts may have been one of the causes. The very low state of vitality may have been one cause. The action of the pancreatic juice may have been one; undoubtedly it contributed to it.” “The germs which you speak of are yre{sm, I understand, in all our bodies?” “Yes. " “And make their work prominent when Stops the Cough And works off the cold. Laxative Bromo juinine Tablets cure a cold in one day. No ure, No Pay. Price 25 cents, - b an \_wramhuu on the body is in any way injured?"” “That is true.” “That you expected, of course, in this case?” ““If the operation is carefully and prop- erly performed we can to a certain ex-. tent guard against the entrance of these We cannot do so entirely.” “By having everything absolutely clean which is used in the operation—the hands of the operators, the instruments, the lig- atures and things we use. Nature can take care of a certain number of germs and overcome their bad effect.”” Application of Remedies. ““Are there any remedies known to the profession to prevent the action of these germs?”’ “Thexe 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 tis- sues it is impossible to kill them.” ““The President was not_in a very good physical condition, was he?" asked the at- “torney. “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?"” “Undcubtedly,” was the answer. “You agree with the other physiciuns that the pancreas was not injured by the | ball?” “As near as could bv determined thut organ was not injured by the ball, but it was injured In 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 to that organ is to ald digéstion?” “Yes."” On redirect examination by Penney, Dr. Mann was asked if there was anything known to medical science that could have saved the President’s life. “No,” was the reply, without hesita- tion. When Shots Were Fired. Louis L. Babcock; who was in charge of the ceremonies in the Temple of Music on the day of the shooting, followed Dr. ann. He gave detalls of the arrange- ment for the reception and described the position of the President and 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, and he was deathly pale. In front of him was a group of men, bear- ing the prisoner to the floor.” “Did you recognize any of the men in the_group?” “Yes, the artillerymen and two secret service men. They threw the prisoner to the floor in a second. I did not recognize the men who took the Plsto! away from the prisoner. The hall was at once cleared.” 5 “What became of the prisoner then? “He was surrounded by detectives and secret service men. There was some con- troversy as to who had the right to the risoner, but that was quickly settled and ge was taken to a side room and later to police headquarters.” Edward R. Rice, chairman of the ®om- mittee on ceremonies in the Temple of Music, was next called. “Where were you at the time of _the shooting?"”’ asked District Attorney Pen- mey. ilce indicated the spot on the ground floor plan of the temple, néar where the President stood. “Tell us what you saw,” said District Attorney Penney. “As chairman of the committee on cere- monies I stood close to the President. The line had been passing about ten minutes. I took my watch out of my pocket, indt- cating to Secretarr Cortelyou that_the time for the reception was nearly up. At this instant I noticed somethlng ‘white pushed over to the: President. Immedi- ately after that two shots rang out. The white object fell to the floor with the man who had it in his hand. The hall was g}leul-red and the President was taken to a air.’” “Was this man who was borne to the floor the same one who fired the shots?” ‘asked Penney. g “Yes,” answered the witness. Cross-examin by Titus, Rice said there was no one between him and the President to obstruct his view. ‘“Were there officers on both sides of the Hrlgyat the people?” "yes. Witnessed the Tragedy. This concluded Rice’s testimony, and James L. Quackenbush, another member of the reception committee, was called to the stand. . “Tell us what you know,” said Dis- trict Attorney Penna{il ce's right, directly nt,” n Mr. Quack- 1 was !tandh\f at site the Preside nbush. ‘““Just before the shots were fired I noticed this man (the prisoner) lift something white. ITmmediately there were two shots. Then the artillerymen been standing pehind the P Jforward, as also did Secret cer Gallagher. The prisoner was borne to the floor. Secret Bervlge Officers reland and Foster were in the _group the floor .about. the de= who had nt rlu erv- ice At the President’s right stood Secretary Cortelyou and back of him the other officers and artillerymen. It seem- ed as if all these mern 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.” | Quackenbush was shown a photograph of the interior of the building and in cated the points referred to in his testi mony. Cross-examined by Titus, 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 At- | torney Penney Quackenbush said that he stood in an elevated position where he could see distinctly everything that tran- spired. He was presert on the following day when photographs of the interior of the temple were taken. He stated that certain of the pictures showed in evidence were taken before any changes had been made and others after a re-arrangement of the fixtures. At Police Headquarters. On reaching police headquarters the night of the shooting Quackenbush ac- companied District Attorney Penney to the office of Superintenclent of Police Bull, where the prisoner was being examine “Tell us what transpired there,” sa! the District Attorney. “Mr, Penney and the Assistant District Attorney had some conversation and then the nrisoner, in reply tc questions, stated that he had killed the President because he believed it to be his duty. He under- stood the position in which he had placed himself and was willing to take his chances. Czolgosz said he had gone to the falls on the previous day with the in- tention of shooting the President, but was unable to carry out his intention. He came to Buffalo and gor in line with the people at the Temple of Music. The de- ndant told how he concealed his weapon; how he kept his hand concealed in his pocket while waiting to reach a point in front of the President's side. When he reached a point in front of the President he fired. If e had not been s;‘ogped, he said, he would have fired more shots.” fendant. “Did he say anything about planning to kill the President on any other occa- sion?”’ asked District Attorney Penney. “He sald he had been watching the President for three or four days for a favorable opportunity of shooting.” “Did he give any reasons for wishing to kill the President?” ““Yes; he said that he did not belleve in the present form of government or in any of the institutions in it. He said he had for several years studied the doc- trine of anarchy. He be'ieved in no gov- ernment, no marriage regulations, and said he attended church for some time, but they talked nomsenss and he would not continue there.” “He said he did not believe in the chirch or state?”’ asked Penney. “Yes; he said he belleved in free love. He gave the names of several paj he had read—four of them—and he mentioned one known as Free Sociery.” ““He mentioned several places where he had been and where he heard these sub- Jjects discussed?”’ asked Penney. “Yes, he sald he lived in Cleveland, and that before he came to Buffalo he had been in Chicago. He said he had been informed by the teachings of Emma Goldman and by another weman living in Cleveland, whose name I don’t reecall. Actions of the Assassin. h'flgus then again took the witness in and. 2 “What were the prlxoner’a actions while you were questioning him ™" he was asked. ‘“He answered all questions positively and directly.” “Did he appear to be in any mental ex- citement?"" “He seemed to be disturbed, but not mentally.” “Did he hesitate about answering ques- tions at all?” ‘“He did at first. He answered with de- liberation, but never refused to answer 2 question.” “He seemed to take a lively interest what was going on.” continued " Quackenbush. “I asked him to make a brief statement for publication and he wrote the following: “I killed Presiden McKinley because I done my duty. ‘Salt Rheum You may call it eczema, tetter or milk crust. But no matter what you call it, this skin ft::h a:&un.nu'?y“m dry , n . scale, owes its existence to the presence humors in the - system. It will continue to exist, annoy, and per- T T cui‘-flhwm radically and permaneéntly Hood’s Sarsaparilla which expels all humors, and is unequalled for al’ cutaneows I MOB VIOLENCE 3 lfeve one man should have 4onh Poervice “Ana another man should have none.’ This statement he signed. Afterward he made a statement of two hours’ duration. At the close he volun- teered information and went beyond a responsive answer. He sald he had acted entirely alone; ;lnnned the crime, carried it out alone and was willing to take the responsibility."” 2 d the prisoner use the word ‘anar- c‘ge dld not use that word, but th District Attorney used it several times in putting questions. Czolgosz said he bolF.Ved every King, Emperor, President or head of government to be a tyrant and should be put out of the way. Grabbed Gun and Handkerchief. Agent Albert L. Galla- ecTet o then called. He was in the i‘empla of Music at the time of the shoot- ing, standing ten feet from the President and on his right. “Tell us_what you saw,” sald District Penney. As‘lfiryne utyew:eu to keeg the crowd moy- ing. The reception had been going on only inutes when I heard & ™ man standing near the President had something white in his hand. I sprang forward. I heard Foster say, ‘Get the gun, Mr. Gallagher.' I grabbed the gun 2nd handkerchief. Some one grabbed the fevolver, but I held on to the handker- chief.” Detective Gallagher then produced a powder-burned and partly burmed hand- Rerchief. It was shown the jury and ap- peared as evidence. George Foster of Washington, another secret service offi- cial, then took ths stand. Foster described his position in the line as opposite that of the President, and 2aid he was scrutinizing the people as they passed. He said the prisoner look=d him straight in the face as he pas sed and the next imstant he saw the prisoner's hands go together as if clapping and two shots were fired. Witness immediateiv grabbed him. “As the man lay on the floor he looked backward if to see what effect his bullets had had,” said the wit- ness, “and this made me rllllad and I smashed him right on the jaw. Private 0’Brien’s Story. is B. O’Brien, a private in the S hira Unired States Coast Artil- lery, was next called. He had been de- tailed to guard the President at the Tem- ple of Music, and was standing at the Tight of the President when the shooting occurred. He testified that instantly after the shooting he sprang at Czolgosz and got his revolver and gave it up to his Commanding officer; Captain Wise. “Did you mark it?" asked Mr. Penney. «I put my initials on it.” Mr. Penney then produced the murder- ¥r's weapon and (’Brfen identified it by initials which he made on it before he sur- rendered it. Louis Neff, another private, and Cor- poral Bertschey then gave testimony in corroboration. John Branch, a colored employe of tha Exposition Company in the Temple of Music, next took tbe stand. He saw Czol- gosz coming toward the President. He noticed that his hand was wrapped in a handkerchief. Suddenly two shots rang out and he saw the handkerchief in the defendant’s hand smoking. An artillery- man grabbed the prisoner first and then he was borne to the floor. 2 “Did you hear the President say any= thing after the shots were fired?”" asked Judge Titus, in crcss-examination. “Yes; 1 thought I heard him say, easy with him, boy This ended Branch's testimony and the court took a recess until 2 o’clock. The first witness at the afterngen ses- sion of the court was James Vallely, a detective at the Pan-American Exposition. He described an interview which he had with the prisoner in jail. “T asked him, ‘Why did you shoot the President? and he replied, ‘I only done my duty.” " Superintendent of Police Bull of the Buffalo Police Department was then called and testified that Czolgosz said he knew that he was shooting President MeKinley when he fired. The reason he gave was that he believed he was doing his duty. Czolgosz said he was an an- archist. ‘After the conclusion of Superintendent Bull's testimony District Attorney Pen- ney announced that the case of the pr ecution was closed. Then Lewis rose slowly and, addressing the _court, sald: “We are embarrassed by the sudden closing of the case of the prosecution. We had not expected them to close so abruptly. We havs no witnesses to call for the defense, but I ask the court that my colleague and myself be allowed to address the jury.” Permission was granted by the ecourt Continued cn Page Three. _— DR. SCHIFFMANN’S REMEDIES. ASTHMA INSTANTLY RELIEVED Dr. R. Schiffmann Astounds the Pub- lic With the Success of His Treatment. Residents of this place were astonished by notifications in these columns that tha celebrated physician, Dr. Rudolph Schiff- mann, would make public test of his rem- edy In this city on September 19. He in- vited every man, woman and child suffer- ing with Asthma to cgll at Wm. J. Bry- an’s drug store and obtain, absolutely free, a trial box of his medicine. Dr. Schiffmann adopted this novel way of in- troducing his treatraent, belleving that a free personal test would be the best and only way to overcome the prejudiee and skepticism of thousands of asthmatics who had given up In despalr after going through the whole range of so-called cures. He has in this manner proved the efficacy of his remedy, and without ask- ing the public to spend a penny. Dr Schiffmann hopes that every sufferer in this town obtained one of his free sam- ples. He fears, however, that thers were some few who did not before they were all given out. In order to give a falr op- portunity to those who have not yet used thé remedy, and also as a guarantee of good faith, he has now requested this paper to announce that he has arranged with the above druggists to refund the money to any persen who purchases of them either a b50c or $1.00 package of Schiffmann’s Asthma Cure between now and October 25, and inds that it does not do exactly as is claimed for it; the only condition-being that they return not less than three-fourths of the package to them. Dr. Schiffmann claims that in every case of true asthma his remedy will give immediate relief—usually within fifteen seconds: always within as many minutes. It has positively permanently cured thousands of cases which were con- sidered incurable. nlfi Amm Fish- i Goge phorane. Ou e-’.i'm' % al 739 Market. 511 Kearny W. T. HESS, NOTARY PUBLIC AND ATTORNEY-AT-LAW. Tenth Floor, N“_ 1015, Blds. Telephone