Presidents and the Law: The Trial of Leon Czolgosz
The trial of Leon Czolgosz for the murder of President William McKinley began in the Superior Court Chamber of Buffalo City Hall on September 23, 1901. The presiding judge was the Honorable Truman C. White. While this might seem remarkable to imagine today, the trial lasted two days, and at its conclusion, the twelve man jury found Czolgosz "guilty of murder in the first degree." Their deliberations took just over 30 minutes.
Truman C. White was a Justice of the New York State Supreme Court, and one of Buffalo's leading citizens. Born in 1840 in Perrysburg, New York, he was admitted to the Bar in 1867. Prosecuting the case was Erie County District Attorney Thomas Penney. Assisting Mr. Penney in the prosecution was Assistant District Attorney Frederick Haller. On the recommendation of the Erie County Bar Association, Grand Jury Judge Edward K. Emery assigned two respected former State Supreme Court Judges to the task of providing counsel to the accused. The Honorable Loran L. Lewis was a former Justice of the State Supreme Court. Born in 1825, he served in the State Senate from 1870-1874. Also serving on the defense team were former State Supreme Court Justice Robert Titus and Buffalo attorney Carlton E. Ladd.
The lawyers spent two hours and twenty-nine minutes selecting the jurors. Twelve men were selected from a jury pool of thirty-six. The juror was then sworn in.
The witnesses called by the Prosecution included some of the surgeons and doctors who cared for President McKinley before and after his death. Dr. Herman Mynter and Dr. Matthew Mann testified about the operation and medical treatment given to the President. Dr. Harvey Gaylord described the autopsy that he and his associate Dr. Herman G. Matzinger performed. Dr. Gaylord testified that "the cause of death was a gunshot wound leading to changes in the important viscera."
The testimony of the medical experts comprised the bulk of the trial, but evidence was also heard from Exposition Engineer Samuel Fields, who was immediately called to the scene of the shooting to measure and mark the site. Fields testified that he was summoned to the Temple of Music between 5 and 6 o'clock on the afternoon of the shooting, Friday, September 6th, 1901. A large map of the ground-floor plan of the historic building where the shooting occurred was placed on the stand next to the witness-stand. Also called as a witness was photographer Harry A. Bliss, who identified five big photographs of the interior of the temple of music taken by him the morning after the shooting.
Secret Service Detective Albert L. Gallaher described the shooting and the means by which he acquired the handkerchief that Czolgosz had used to conceal the gun he carried in his right hand. Gallaher described being burned by the handkerchief, which was on fire when he grabbed it.
Private Francis P. O'Brien of the 73rd United States Army seacoast artillery testified that he grabbed the revolver used by Czolgosz immediately following the shooting. After marking his initials on it, O'Brien gave it to the Corporal of his detail, Louis Bertschey. Bertschey also marked his initials on the gun before turning it over to his commanding officer, Captain Wisser, who took the revolver to the Buffalo Chief of Police's office the following morning.
Harry P. Henshaw, superintendent of the Temple of Music, was the next witness. He said when the shooting occurred he was just to the right of the President. He testified: "I noticed this defendant in the line approaching the President, with his hand pressed against his abdomen and encased in something white. Then I noticed as he drew near the President he extended his left hand. The President put forward his right hand. Like a flash the assassin pushed the President's right hand out of the way. Then I heard two shots and saw the handkerchief smoking. The crowd gathered around the defendant so quickly that he was lost to my view in an instant. I was by the President's side when the President was taken away in the ambulance."
John Branch, an African-American porter testified next. He said: "I saw this man here, this defendant, with his right hand over his abdomen. He went to shake hands with the President. Then, how he did it, I don't know, but I saw the report and the fire. Then I saw the second report and fire and saw the handkerchief about the man's hand afire. I saw the artillerymen around the man and bear him down to the floor. That's all I saw of the shooting." One of the lawyers asked Branch if he heard the President say anything. "'Be easy with him, boys,' was all I heard him say. He put his hand to his abdomen and said that-'Be easy with him, boys.'"
District Attorney Penney closed the prosecution's case at 2:44 p.m., September 24, 1901. Judge Loran Lewis on behalf of Czolgosz addressed the court, saying: "If your Honor please, the defendant has no witnesses that he will call, so that the testimony is closed at the close of the testimony of the People. We are somewhat embarrassed, disappointed, in the People's testimony closing at this point. My associate and myself have not had very much consultation as to the course to be pursued, but from the slight conversation that we have had we are inclined to ask your Honor to permit each of us, both of us, to make some remarks to the jury in summing up this case. They will be on my part very brief, and I presume so on the part of my associate."
Lewis then addressed the jury. In his closing address he said:
"A great calamity has befallen our nation. The President of the country has been stricken down and dies in our city. It is shown beyond any peradventure of doubt that it was at the defendant's hand that he was stricken down, and the only question that can be discussed or considered in this case is the question whether that act was that of a sane person. If it was, then the defendant is guilty of the murder and must suffer the penalty. If it was the act of an insane man, then he is not guilty of murder but should be acquitted of that charge and would then be confined in a lunatic asylum... Now, gentlemen, we have not been able to present any evidence upon our part. The defendant has even refused on almost every occasion to even talk with his counsel; he has not aided us; so that we have come here under, as I said to you, the designation of the court, to do what we can to determine this important question which is to be submitted to you. All that I can say, to aid you, is that every human being, yes, nearly, certainly, every human being, has 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 motive, so far as we can see, personal motive, we find him going into this building, in the presence of these hundreds of people, and committing an act which, if he was sane, must cause his death. How, could a man, with some mind, perform such an act? Of course, the rabble in the street would say, 'No matter whether he is insane or sane, he deserves to be killed at once.' But the law says, no. The law says, consider all the circumstances and see whether the man was in his right mind or not. But one may say, 'Why, it is better that he should be convicted, as a terror to others.' That may be so in some regard, but, gentlemen of the jury, if it could be, if it can be that you find that this defendant was not responsible for the crime, for this act, you would aid in uplifting a great cloud off from the hearts and minds of the people of this country and of the world."
While the question of Czolgosz's insanity was raised, the defense did not present any evidence on this issue. Titus and Lewis were reluctant to defend Czolgosz and it was the coaxing of the more prominent members of the Bar that convinced them to do so.
After a summation by District Attorney Penney, the jury was charged by the presiding judge. Justice White briefly reviewed the evidence and read the indictment, explaining the jurors' responsibilities and stating that "there will be from now on no demonstration, but that there will be reverence for the dignity and majesty of the law."
The jury deliberated for little more than thirty minutes and, to no one's surprise, they found Leon Czolgosz guilty of murder in the first degree. The sentencing occurred on September 26, 1901.
An article in the September 27, 1901 Buffalo Express describes the courtroom as "crowded to capacity" on the day of sentencing. Justice Truman C. White addressed accused:
"Czolgosz, in taking the life of our beloved President you committed a crime which shocked and outraged the moral sense of the civilized world. You have confessed your guilt, and, after learning all that can at this time be learned of the facts and circumstances of the case, twelve good men have pronounced your confession true and have found you guilty of murder in the first degree. You declare, according to the testimony of credible witnesses that no other person aided or abetted you in the commission of this terrible act. God grant it may be so. The penalty for the crime of which you stand convicted is fixed by statute, and it now becomes my duty to pronounce its judgment against you. The sentence of the court is that in the week beginning October 28, 1901, at the place, in the manner and by the means prescribed by law, you suffer the punishment of death."
Czolgosz remained silent and showed no emotion when the sentence was pronounced. When he was asked by Judge White if he wanted to make any statement, Czolgosz simply shook his head. When he returned to Auburn Prison, Czolgosz asked the warden if this meant he would be transferred to Sing Sing to be electrocuted. He was surprised to learn that Auburn had its own electric chair.
His last words were: "I killed the President because he was the enemy of the good people - the good working people. I am not sorry for my crime." As the prison guards strapped him into the chair, he said "I am only sorry I could not get to see my father." Czolgosz was electrocuted on October 29, 1901, just 45 days after his victim's death. He was pronounced dead at 07:14.
Truman C. White was a Justice of the New York State Supreme Court, and one of Buffalo's leading citizens. Born in 1840 in Perrysburg, New York, he was admitted to the Bar in 1867. Prosecuting the case was Erie County District Attorney Thomas Penney. Assisting Mr. Penney in the prosecution was Assistant District Attorney Frederick Haller. On the recommendation of the Erie County Bar Association, Grand Jury Judge Edward K. Emery assigned two respected former State Supreme Court Judges to the task of providing counsel to the accused. The Honorable Loran L. Lewis was a former Justice of the State Supreme Court. Born in 1825, he served in the State Senate from 1870-1874. Also serving on the defense team were former State Supreme Court Justice Robert Titus and Buffalo attorney Carlton E. Ladd.
The lawyers spent two hours and twenty-nine minutes selecting the jurors. Twelve men were selected from a jury pool of thirty-six. The juror was then sworn in.
The witnesses called by the Prosecution included some of the surgeons and doctors who cared for President McKinley before and after his death. Dr. Herman Mynter and Dr. Matthew Mann testified about the operation and medical treatment given to the President. Dr. Harvey Gaylord described the autopsy that he and his associate Dr. Herman G. Matzinger performed. Dr. Gaylord testified that "the cause of death was a gunshot wound leading to changes in the important viscera."
The testimony of the medical experts comprised the bulk of the trial, but evidence was also heard from Exposition Engineer Samuel Fields, who was immediately called to the scene of the shooting to measure and mark the site. Fields testified that he was summoned to the Temple of Music between 5 and 6 o'clock on the afternoon of the shooting, Friday, September 6th, 1901. A large map of the ground-floor plan of the historic building where the shooting occurred was placed on the stand next to the witness-stand. Also called as a witness was photographer Harry A. Bliss, who identified five big photographs of the interior of the temple of music taken by him the morning after the shooting.
Secret Service Detective Albert L. Gallaher described the shooting and the means by which he acquired the handkerchief that Czolgosz had used to conceal the gun he carried in his right hand. Gallaher described being burned by the handkerchief, which was on fire when he grabbed it.
Private Francis P. O'Brien of the 73rd United States Army seacoast artillery testified that he grabbed the revolver used by Czolgosz immediately following the shooting. After marking his initials on it, O'Brien gave it to the Corporal of his detail, Louis Bertschey. Bertschey also marked his initials on the gun before turning it over to his commanding officer, Captain Wisser, who took the revolver to the Buffalo Chief of Police's office the following morning.
Harry P. Henshaw, superintendent of the Temple of Music, was the next witness. He said when the shooting occurred he was just to the right of the President. He testified: "I noticed this defendant in the line approaching the President, with his hand pressed against his abdomen and encased in something white. Then I noticed as he drew near the President he extended his left hand. The President put forward his right hand. Like a flash the assassin pushed the President's right hand out of the way. Then I heard two shots and saw the handkerchief smoking. The crowd gathered around the defendant so quickly that he was lost to my view in an instant. I was by the President's side when the President was taken away in the ambulance."
John Branch, an African-American porter testified next. He said: "I saw this man here, this defendant, with his right hand over his abdomen. He went to shake hands with the President. Then, how he did it, I don't know, but I saw the report and the fire. Then I saw the second report and fire and saw the handkerchief about the man's hand afire. I saw the artillerymen around the man and bear him down to the floor. That's all I saw of the shooting." One of the lawyers asked Branch if he heard the President say anything. "'Be easy with him, boys,' was all I heard him say. He put his hand to his abdomen and said that-'Be easy with him, boys.'"
District Attorney Penney closed the prosecution's case at 2:44 p.m., September 24, 1901. Judge Loran Lewis on behalf of Czolgosz addressed the court, saying: "If your Honor please, the defendant has no witnesses that he will call, so that the testimony is closed at the close of the testimony of the People. We are somewhat embarrassed, disappointed, in the People's testimony closing at this point. My associate and myself have not had very much consultation as to the course to be pursued, but from the slight conversation that we have had we are inclined to ask your Honor to permit each of us, both of us, to make some remarks to the jury in summing up this case. They will be on my part very brief, and I presume so on the part of my associate."
Lewis then addressed the jury. In his closing address he said:
"A great calamity has befallen our nation. The President of the country has been stricken down and dies in our city. It is shown beyond any peradventure of doubt that it was at the defendant's hand that he was stricken down, and the only question that can be discussed or considered in this case is the question whether that act was that of a sane person. If it was, then the defendant is guilty of the murder and must suffer the penalty. If it was the act of an insane man, then he is not guilty of murder but should be acquitted of that charge and would then be confined in a lunatic asylum... Now, gentlemen, we have not been able to present any evidence upon our part. The defendant has even refused on almost every occasion to even talk with his counsel; he has not aided us; so that we have come here under, as I said to you, the designation of the court, to do what we can to determine this important question which is to be submitted to you. All that I can say, to aid you, is that every human being, yes, nearly, certainly, every human being, has 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 motive, so far as we can see, personal motive, we find him going into this building, in the presence of these hundreds of people, and committing an act which, if he was sane, must cause his death. How, could a man, with some mind, perform such an act? Of course, the rabble in the street would say, 'No matter whether he is insane or sane, he deserves to be killed at once.' But the law says, no. The law says, consider all the circumstances and see whether the man was in his right mind or not. But one may say, 'Why, it is better that he should be convicted, as a terror to others.' That may be so in some regard, but, gentlemen of the jury, if it could be, if it can be that you find that this defendant was not responsible for the crime, for this act, you would aid in uplifting a great cloud off from the hearts and minds of the people of this country and of the world."
While the question of Czolgosz's insanity was raised, the defense did not present any evidence on this issue. Titus and Lewis were reluctant to defend Czolgosz and it was the coaxing of the more prominent members of the Bar that convinced them to do so.
After a summation by District Attorney Penney, the jury was charged by the presiding judge. Justice White briefly reviewed the evidence and read the indictment, explaining the jurors' responsibilities and stating that "there will be from now on no demonstration, but that there will be reverence for the dignity and majesty of the law."
The jury deliberated for little more than thirty minutes and, to no one's surprise, they found Leon Czolgosz guilty of murder in the first degree. The sentencing occurred on September 26, 1901.
An article in the September 27, 1901 Buffalo Express describes the courtroom as "crowded to capacity" on the day of sentencing. Justice Truman C. White addressed accused:
"Czolgosz, in taking the life of our beloved President you committed a crime which shocked and outraged the moral sense of the civilized world. You have confessed your guilt, and, after learning all that can at this time be learned of the facts and circumstances of the case, twelve good men have pronounced your confession true and have found you guilty of murder in the first degree. You declare, according to the testimony of credible witnesses that no other person aided or abetted you in the commission of this terrible act. God grant it may be so. The penalty for the crime of which you stand convicted is fixed by statute, and it now becomes my duty to pronounce its judgment against you. The sentence of the court is that in the week beginning October 28, 1901, at the place, in the manner and by the means prescribed by law, you suffer the punishment of death."
Czolgosz remained silent and showed no emotion when the sentence was pronounced. When he was asked by Judge White if he wanted to make any statement, Czolgosz simply shook his head. When he returned to Auburn Prison, Czolgosz asked the warden if this meant he would be transferred to Sing Sing to be electrocuted. He was surprised to learn that Auburn had its own electric chair.
His last words were: "I killed the President because he was the enemy of the good people - the good working people. I am not sorry for my crime." As the prison guards strapped him into the chair, he said "I am only sorry I could not get to see my father." Czolgosz was electrocuted on October 29, 1901, just 45 days after his victim's death. He was pronounced dead at 07:14.