He asked permission to reserve the right to withdraw the plea, enter a special plea, or withdraw the demurrer if, after consultation with Judge Titus, also assigned to the case, it was decided to decline the assignment. Judge Titus being in Milwaukee, Mr. Lewis said that it was impossible to enter further into the case, and, therefore, he informally offered the plea of not guilty.
Attorney Lewis then told the court that he had called upon the prisoner, but had been met with a stubborn refusal to discuss the case. Czolgosz would not even admit that he wished the services of counsel. Mr. Lewis asked the court for permission to introduce alienists to examine into the prisoner’s mental condition, as this step had already been taken by the attorneys for the people. He mentioned incidentally that he was sorry his name had been connected with the case, but that as a lawyer and an officer of the court he felt himself obligated to carry out its wishes.
Mr. Penney next gave notice that he would move to have the trial transferred to the Supreme Court, and would ask notice of it for next Monday. Czolgosz’s attorney then said that he knew of no reason why his client should not be ready Monday, but Judge Emery upon request agreed not to enter the order till Mr. Titus, associate counsel for Czolgosz, returns from Milwaukee.
Mr. Lewis’ request to be permitted to introduce alienists gave rise to the prevalent belief that the defense will be built upon the theory of insanity.
At the close of Attorney Lewis’ address Judge Emery said:
“Remove the prisoner.”
He was quickly handcuffed. There was a rush of spectators toward the stairway leading to the tunnel that connects the courthouse with the jail. Czolgosz, the assassin, now manacled and hustled along, passed within a lane of staring citizens.
His dirty sleeve brushed against the drapery of black that enwrapped the pillars of the halls and stairs as he descended. Above his head, as he passed downward into the tunnel, the black encinctured portrait of the martyred President looked down upon his frowzy head as he went. But he did not look up. Surrounded by detectives, mute, sullen and shambling, he shuffled down the stone stairway.
Then a low hiss, subdued but ominous, rose from the watching crowd. It swelled and echoed down the squalid passageway as the murderer slunk away and passed back to the jail, which is connected by a dark subway under Delaware avenue with the courthouse.
It was the opinion of those who saw Czolgosz to-day that he is shamming insanity. Since his arrest he has made no rational request, except that he be shaved. Chief of Detectives Cusack said “No,” and the murderer came into court to-day with a ten days’ growth of beard that made him look disheveled and dirty.