|
The Trial, Execution, Autopsy and Mental Status
of Leon F. Czolgosz,
Alias Fred Nieman, the Assassin of President McKinley
The terrible shock which
the assassination of President McKinley by Leon F. Czolgosz at Buffalo,
New York, on September 6, 1901, imparted to the entire civilized
world, and which naturally engendered in the public mind a mingled
feeling of horror, vindictiveness and revenge,—a feeling which
was exceeded only by the profound sense of sorrow and depression
which took possession of the people when a few days later it was
realized that despite the highest efforts of surgical and medical
skill a fatal result to the distinguished victim was inevitable,—naturally
suggested, both to the lay and medico-legal mind, the need of inquiry
as to the mental status and responsibility of the perpetrator of
so repulsive and atrocious an act. Moreover, there are many persons
who are disposed to hold that the enormity of such a crime is in
itself sufficient evidence to warrant the opinion of the existence
of insanity, merely because it seems [369][370]
to them inconsistent with the principles of ordinary rational conduct,
even though aside from the act itself there be nothing in the entire
life and conduct of the individual that is suggestive of mental
disease. On the other hand, there are many who, in view of the magnitude
of the crime, would oppose the granting of exemption from the ordinary
consequences of capital offences even though the offender were a
raving maniac. Suffice it to say that the position taken by such
persons, in either case, is untenable and would be an untrustworthy
test of responsibility as regards the ends of justice, whether viewed
from a legal or a medical standpoint.
It need scarcely be said that the
question as to whether or not a certain act is the offspring of
mental disease, cannot always with safety be determined by the act
itself, but must be determined by all the attendant circumstances
leading up to and surrounding the act.
“An act of violence,” says Ray, “must
not be attributed to insanity merely because to a person of high
culture and correct morals, it seems inexplicable on the ordinary
principles of human conduct.”
According to the Code of Criminal
Procedure of the State of New York, Section 21, the legal test of
mental unsoundness, as applied to criminal cases, is based on the
assumption that insanity is a question of law to be determined by
the court, and that the question of responsibility in mental disease
hinges upon a knowledge of right and wrong as to the particular
act at the time it was committed; whereas medical science holds
that insanity, in its relation to crime, is always a question of
fact to be determined like any other fact in evidence, aided of
course, in such case, by the interpretation of expert opinion evidence,
and that whenever its presence can be so determined, the accused
should be absolved from responsibility, irrespective of the form
or degree of his mental disease or the nature of the act committed.
“All that medical science has to do in any such case,” says Dr.
John P. Gray, “is to say whether the deed springs from disease or
not. If it does not, the man is responsible, however ghastly, seemingly
purposeless or vindictive the act may be.” In other words, medical
science holds that the whole question of responsibility should rest
upon the presence or ab- [370][371]
sence of mental disease, and not upon a knowledge of right and wrong
as regards the nature and consequences of the act in question, and
that that which in fact is a condition of mental disease cannot
in law be a condition of mental health. The question to be determined
then, in the case of Czolgosz, from the legal standpoint, as embodied
in the Code of Criminal Procedure of the State of New York, was:
When he shot the President did he know the nature and quality of
the act he was doing, and that the act was wrong? If this question
could be determined in the affirmative, then he was responsible
under the law and punishable for the offense which he committed,
even though he was medically insane, so to speak.
On the other hand, the question to
be determined from the standpoint of medical science was: Was Czolgosz
at the time he committed the act a victim of mental disease or mental
unsoundness? If so, according to the dictum of medical science,
he was not responsible and hence not punishable for the act he committed.
These are the sole questions upon which the guilt or innocence of
the accused must rest, whether in the eyes of the law or in the
judgment of medical science, and it follows logically that if he
were guilty of crime owing to the absence of mental disease, he
was equally guilty within the intent and meaning of the statute.
Such being the case the subject of the responsibility of the accused
resolves itself into a question of health or disease—sanity
or insanity. Hence the application of the legal test may be dismissed
from further consideration here and we may proceed to consider the
question of his responsibility from a medical point of view.
.
The trial of Czolgosz,
which took place in the city of Buffalo, N. Y., on September 23-4,
1901, Hon. Truman C. White, Presiding Justice, was neither attended
by delay “nor harassed by the trivial technicalities of the law.”
The “machinery of justice” moved so smoothly and so rapidly that
the jury was procured, the case tried and a verdict of guilty rendered
within a period of two court days with sessions from 10 to 12 o’clock
in the forenoons and 2 to 4 o’clock in the afternoons, the time
actually occupied, being eight and a half hours in all. The [371][372]
proceedings were marked by no melo-dramatic or sensational episodes
or unseemly wrangle among counsel; while the fact that, under the
extraordinary circumstances, the trial was not anticipated or interrupted
by any riotous demonstration against the prisoner—any attempt
at mob or lynch law—when he appeared in public, affords striking
proof of the respect for law and order which prevails in the community
where the trial was held. Czolgosz was brought into court closely
guarded by a double cordon of police and handcuffed to an officer
on either side. He was neatly dressed and cleanly in appearance,
his face clean-shaven and hair neatly combed.
The preparation and trial of the case
on the part of the people by the Hon. Thomas Penny, District Attorney,
and his assistant, Mr. Haller, was well nigh faultless. Shortly
after his arrest the District Attorney procured from Czolgosz a
statement several pages in length which was taken down in longhand,
in narrative form, each page of which he signed after himself making
corrections and revisions as to matters which he claimed the reporter
had misapprehended. This statement gave in detail facts concerning
his premeditations and preparations for the crime, also his movements
for some time prior, and up to the time of the shooting. The District
Attorney also within a few hours after the crime was committed,
proceeded to put the prisoner under the observation of local experts
in mental disease, namely, Drs. Joseph Fowler, Police Surgeon, Floyd
S. Crego and James W. Putnam. These physicians had free access to
him, down to and during the trial—covering a period of nearly
three weeks, during which they examined him repeatedly and made
a careful study of his case with reference to his mental condition.
The District Attorney also permitted the experts on either side
to confer together freely, and allowed those for the defense to
have free access to all facts and information relative to the case
in his possession—a proceeding which in effect was equivalent
to the appointment of a commission of five experts—three for
the prosecution, and two for the defense—to determine the prisoner’s
mental condition. This course on the part of the District Attorney,
marks a new departure in the methods of getting expert evidence
in criminal trials where the question of mental responsibility is
involved, which is to be [372][373]
highly commended as a practical measure tending to eliminate much
superfluous testimony and at the same time to minimize the danger
of contradictory expert opinions.
In view of the great importance of
the case, it is regrettable that no experts were called to testify
on the trial as to the prisoner’s mental condition in order that
it might appear on the record of the trial, that his mental state
was inquired into and determined by competent authority. Had the
experts on either side been given the opportunity of thus stating
officially their unanimous conclusion, together with the grounds
on which it was based and the methods by which it was reached, it
would have left in the public mind no room for doubt as to its absolute
correctness and that it had been arrived at only by the rules of
professional conduct governing the examination of such cases.
The attorneys assigned by the court
to the defendant, at the request of the Bar Association of Erie
County, were ex-judges Loran L. Lewis and Robert C. Titus, both
prominent lawyers and highly respected citizens of Buffalo. For
obvious reasons these gentlemen were reluctant to undertake what
they regarded as a most distasteful task, and consented to do so
only from a high sense of duty to the public, at the urgent solicitation
of the President—Hon. Adelbert Moot— and other prominent
members of the Bar Association, on Saturday, September 21—preceding
the trial, which began on Monday, the 23rd.
Respecting the defense, it appears
that substantially no preparation was made beyond a fruitless effort
of counsel to confer with the prisoner and the examinations made
of him at their request by Dr. Hurd and the writer with reference
to his mental condition, and a verbal statement by them to counsel
of their conclusion that he was not insane. It also appears that
no plea was entered by the attorneys for the defense, but Czolgosz,
speaking for the first time in court, entered a plea of guilty to
the indictment, which plea the court promptly rejected and directed
that one of not guilty be entered on the record for the defendant.
Each juror on qualifying said, in
answer to the usual question, that he had formed an opinion as to
the guilt of the prisoner, but that his opinion could be removed
by reasonable evidence [373][374] tending
to show that the defendant was innocent. And yet, to one accustomed
to being in court and observing jurors when qualifying it was difficult
to void the impression that each of the jurors in this case held
a mental reservation to convict the prisoner. Had Czolgosz been
on trial for the murder of a common citizen, instead of the President,
it is safe to say that not one of the jury as completed would have
been accepted by the defense, and instead of getting a jury in approximately
one hour and a half, that feature of the trial alone would probably
have occupied several days.
Having in view the nature and importance
of the case, the fact that no testimony was offered on the defendant’s
behalf and that practically no defense was made, beyond a perfunctory
examination of jurors and a mild cross-examination of some of the
people’s witnesses, which was limited to efforts to elicit information
respecting the President’s condition during his illness and of his
body after death, and a summing up by one of the counsel—Judge
Lewis—which consisted mainly of an apology for appearing as
counsel for the defendant and a touching eulogy of his distinguished
victim, renders the case, in this respect, a unique one in the annals
of criminal jurisprudence.
The jury retired for deliberation
about 4 P. M., and returned in less than half an hour with a verdict
of guilty of murder in the first degree. Czolgosz heard the verdict
of the jury standing and without appreciable display of emotion.
Several of the jurors were interviewed after the trial, and were
reported to have said that the jury was in favor of conviction unanimously
from the first and could have rendered a verdict without leaving
their seats, but deemed it best to make a pretense of deliberation
“for appearance sake.” Czolgosz was remanded to jail for two days
and on Thursday, September 26, was sentenced to be executed by electricity
at Auburn Prison, in the week beginning October 28, 1901.
When Czolgosz returned to his cell
after his conviction he ate a hearty supper and soon thereafter
went to bed and slept continuously until midnight, when the guard
was changed, when he awoke for a few minutes, and then slept again
until 6 A. M., when he arose and took a short walk in the cell corridor,
after which he made a careful toilet, and at 7.30 partook of a [374][375]
hearty breakfast. He talked freely, as usual, on ordinary topics,
but maintained his usual silence respecting his crime and would
not talk of the trial or the verdict. On Thursday, September 26th,
he was removed from the Buffalo jail to the State Prison at Auburn,
N. Y., where he was confined in a “death cell” until his execution
took place.
.
Czolgosz was executed
by electricity on the morning of October 29, 1901. The official
witnesses, consisting of the Superintendent of State Prisons, and
other prominent New York State officials, several physicians, three
representatives of the respective press associations, Mr. Spitzka
and others and the official physicians—Dr. John Gerin, Prison
Physician, and myself—having been assembled in the execution
room and having received the usual admonition from the Warden as
to maintenance of order during the execution, the prisoner was conducted
to the room a few minutes after 7 A. M. Every precaution was taken
by the Warden, who had immediate charge of the execution, to minimize
the opportunity for notoriety or sensationalism on the part of the
prisoner as well as to insure that his taking off should be effected
in an orderly and dignified manner.
As Czolgosz entered the room he appeared
calm and self-possessed, his head was erect and his face bore an
expression of defiant determination. The guards, one on either side,
quietly and quickly guided him to the fatal chair, the binding straps
were rapidly adjusted to his arms, legs and body, and the head and
leg electrodes were quickly placed in situ and connected
with the wire which was to transmit the lethal current through his
body. These preliminaries occupied about one minute. Czolgosz offered
no resistance whatever, but during the preparations addressed himself
to the witnesses in a clear distinct voice in the following significant
language: “I killed the President because he was the enemy of the
good people—the good working people. I am not sorry for my
crime. I am sorry I could not see my father.” At this moment, everything
being in readiness, the Warden signalled the official electrician
in charge of the switch, who immediately turned the lever which
closed the circuit and shot the deadly current through the crim-
[375][376] inal’s body, which was instantly
thrown into a state of tonic spasm involving apparently every fibre
of the entire muscular system. At the same time, consciousness,
sensation and motion were apparently absolutely abolished.
Two electrical contacts were made,
occupying in all one minute and five seconds. In the first contact
the electromotive pressure was maintained at 1800 volts for seven
seconds, then reduced to 300 volts for twenty-three seconds, increased
to 1800 volts for four seconds and again reduced to 300 volts for
twenty-six seconds—one minute in all—when the contact
was broken. The second contact, which was made at the instance of
the writer as a precautionary measure, but which was probably unnecessary,
was maintained at 1800 volts for five seconds. That conscious life
was absolutely destroyed the instant the first contact was made,
was conceded by all of the medical witnesses present; also that
organic life was abolished within a few seconds thereafter.
Czolgosz was pronounced dead by the
attending physicians and several of the other physicians present,
after personal examination, in four minutes from the time he entered
the room; one minute of this period, as already stated, was occupied
in the preliminary preparations, one minute and five seconds in
the electrical contacts, and the remainder of the time in examinations
by the physicians to determine the fact of death.
.
The autopsy was made
by Mr. Edward A. Spitzka under the direction of the official physicians—Dr.
Gerin and myself. The examination occupied about four and a half
hours and embraced a most careful, gross examination of all the
viscera, attention being especially directed to the brain and its
meninges. The accompanying masterly description of the post-mortem
findings and especially of the condition and anatomical structure
of the brain by Mr. Spitzka, leaves nothing to be said here upon
this point beyond the fact that the autopsy revealed no evidence
whatever of disease or deformity of any of the bodily organs, including
the brain, which was normal in size, shape, weight and appearance
and was well developed in all respects,—a conclusion which
was concurred in by all of the physicians present, several of whom
had witnessed the execution. [376][377]
In deference to the expressed wish
of the relatives of Czolgosz, and for reasons of a sentimental nature
on the part of the State authorities, the Prison Warden declined
positively to allow any portion of the body to be removed from the
Prison. Consequently, and regrettably, it was impossible for the
examiners to retain honorable possession of any portion of the brain
for microscopic examination and study. Accurate measurements, however,
of the head and its appendages, of the face and of the exterior
of the skull, together with detail anatomical drawings and descriptions
of the brain were made; also plaster moulds of the head from which
a cast was subsequently made and photographs of the same—full
face and profile—taken. These measurements, together with plates
of the drawings and photographs are presented in Mr. Spitzka’s report
of the autopsy.
In view of its great importance both
to medical science and to medical jurisprudence, the writer regards
it as fortunate that the State was able to secure the services of
so able a brain anatomist and skilled operator and draughtsman as
Mr. Spitzka, to make the post-mortem examination.
.
On Thursday, September
19, 1901, I received a telegram requesting me to meet Mr. Adelbert
Moot, President of the Erie County Bar Association, in Buffalo,
New York, on the following morning. On my arrival in Buffalo the
next day Mr. Moot informed me that he had sent for me for the purpose
of requesting me to inquire into the mental condition of Leon F.
Czolgosz, confined in the Buffalo jail under indictment for the
murder of President McKinley, and whose trial was to begin on the
following Monday. Mr. Moot further stated in substance that three
local experts had already examined the prisoner for the District
Attorney, but in view of the enormity of the offence and the fact
that there obviously could be no legitimate defense other than insanity,
it was deemed important, in the interests of justice, that his mental
condition should be investigated by other experts acting in behalf
of the defence, or at least independently of the prosecution to
the end that the prisoner should be accorded every legal right,
there being no desire to convict him if [377][378]
he were not mentally responsible, and that I had been selected for
this responsible duty. With a deep sense of the responsibility involved,
I consented to act, provided it should be distinctly understood
that I was not there as a partisan expert in behalf of either side,
but simply in a professional capacity to aid in determining the
real mental state of the prisoner, and provided further that my
selection would be acceptable to the eminent counsel whom the Bar
Association had selected for the defence, should they decide to
accept that duty, a matter which was then undecided. On the following
morning—Saturday—Mr. Moot informed me that the gentlemen
referred to had consented to act and invited me to meet them in
conference, which I did, and which resulted in their requesting
me to proceed at once to examine into the prisoner’s mental condition
and to report my conclusion to them as soon as I had reached one.
They also assented readily to my proposal to invite Dr. Arthur W.
Hurd to become associated with me professionally in the case, Dr.
Hurd being Superintendent of the Buffalo State Hospital for the
Insane and a competent alienist of large experience in mental diseases.
It was also agreed that we should be allowed to confer freely with
the District Attorney and with the experts for the people, after
completing our personal examination of the prisoner. Being unable
to establish communication with Dr. Hurd before evening of that
day, and in view of the short time intervening before the trial,
I decided to make a preliminary examination of Czolgosz alone, and
did so that afternoon, in the District Attorney’s office, first
disclosing to him my identity and the object of my interview and
informing him of his legal right to decline to answer any question
I might ask him.
I examined him again on the following
day—Sunday—in the jail jointly with Dr. Hurd, and in the
presence of one of his guards who was questioned at length, respecting
his observations, of him in the jail, as to his habits of eating,
sleeping, talking, reading, etc. We subsequently interviewed the
District Attorney and the Superintendent of Police, General Bull,
who gave us all the facts and information in their possession respecting
the case. The statement which Czolgosz made to the District Attorney
shortly after his arrest throws much light on his mental condition
on the day of the crime, but that official [378][379]
deemed it his duty to refuse to allow me to publish it. We also
conferred at length with the people’s experts—Drs. Fowler,
Crego and Putnam—who stated to us separately and in detail
their observations and examinations of him. We also observed him
carefully in the court room throughout the trial.
After our examination of Czolgosz,
on Sunday, we reached the conclusion, independently of each other,
that he was sane and we so informed his counsel, on Monday morning
before the trial began.
It should be said that owing to the
limited time—two days—at our disposal prior to the trial
and the fact that his family relatives resided in a distant state
and were not accessible for interrogation, we were unable to obtain
a history of his heredity beyond what he himself gave us.
Czolgosz, as he appeared at the time
of my examinations of him at Buffalo, may be described as a well
nourished, rather good looking, mild mannered young man with a pleasant
facial expression; features, regular; face, smooth shaven and symmetrical;
mouth and ears well formed and symmetrical; teeth, none missing,
but in poor condition from neglect; tongue, clean; palate, fauces
and uvula, normal in appearance; eyes, blue and normal in expression;
pupils, equal in size and normally responsive to light and accommodation;
hair, light brown and slightly curly; stature, medium—five
feet seven and a half inches—and weight—estimated—about
140 pounds. The extremities were in all respects normal. The external
genitals were normal, excepting two small, flat, unindurated cicatrices
on the mucous surface of the prepuce, probably the result of previous
chancroids, although he denied having had venereal disease other
than gonorrhœa. There were no signs of specific nodes or periosteal
tenderness over the usual sites of these lesions, nor was there
any evidence upon the head or body of traumatism, excepting a slight
deviation of the nose due to a blow which he received at the time
of the assassination, and a superficial, perpendicular cicatrix
on the left face which he said was the result of a slight injury
he received when working in a barbed wire factory. There were no
tremors or twitchings of the facial muscles, tongue or hands. The
pulse and temperature and skin were normal, as also were the special
senses, knee reflexes, [379][380] coordinating
power and the sensory and motor functions. Finally, a careful inspection
of the entire visible body failed to reveal the presence of any
of the so-called stigmata of degeneration. The almost perfectly
symmetrical development—especially of the head and face—is
a noteworthy feature in Czolgosz’ case, although had deviations
been found the fact would have had little weight as tending to show
mental disease or degeneracy, as marked asymmetries, both cranial
and facial, are frequently observed in persons who are quite sane
and above the average in mental capacity.
In answer to questions he stated,
in substance, that he was born in Detroit, Michigan, of Polish parents;
that he was twenty-eight years of age, unmarried and a laborer by
occupation; that he was a Romanist, originally, but had abandoned
that faith several years ago because he no longer believed in it;
that he attended the common schools as a boy and had learned to
read and write; that he had used beer and tobacco, but not to excess;
that he had done various kinds of unskilled labor such as farming,
factorying, etc.; that his mother was dead and his father, one brother
and a married sister were living; that so far as he knew there was
no insanity in his family, and that he had not suffered any serious
illness or injury during his life time; that he had never been subject
to fits, spasms or vertigo; that he usually ate and slept well,
and that his bowels were always regular. He admitted having had
sexual intercourse with women, but denied masturbation or other
unnatural practices.
Careful inquiry failed to elicit any
evidence of delusion, hallucination or illusion. When questioned
as to the existence of enemies, persecutions or conspiracies against
him, he replied in the negative. He evinced no appearance of morbid
mental depression, morbid mental exaltation, or of mental weakness
or loss of mind; nor did he display any indication of morbid suspicion,
vanity or conceit, or claim that he was “inspired” or had “a mission
to perform,” or that he was subject to any uncontrollable impulse.
In fact, as regards the existence of evidences of mental disease
or defect, the result of the examinations was entirely negative.
On the contrary, everything in his history as shown by his conduct
and declarations, points to [380][381]
the existence in him of the social disease,* Anarchy, of which he
was a victim.
My last examination of Czolgosz was
made jointly with Dr. Gerin, physician of Auburn Prison, the evening
before his execution. This examination revealed nothing either in
his mental or physical condition which tended to alter the opinion
I gave to his counsel at the time of his trial, namely, that he
was sane—an opinion, which was concurred in by all of the official
experts on either side, namely, Drs. Fowler, Crego and Putnam, for
the people, and Dr. Hurd and myself for the defense, also by Dr.
Gerin, the only other physician who examined him. Furthermore, the
prisoner’s manner, appearance and declarations in the execution
room, together with the post-mortem findings, corroborated most
conclusively the original opinion as to sanity,—while his dying
declarations that he killed the President because he regarded him
as “an enemy of the good people—the good working people,” and
that he was not sorry for his crime,—all tend to stamp him
as an Anarchist. In fact, his bearing and conduct from the time
of the commission of the crime to his execution were entirely consistent
with the teachings and creed of Anarchy. Moreover, neither the three
careful personal examinations which I made of him—one alone,
one with Dr. Hurd and one with Dr. Gerin—the measurements of
his body by the Bertillon system nor the post-mortem findings disclosed
the slightest evidence of mental disease, defect or degeneracy.
This opinion is confirmed by the people’s experts who repeatedly
examined him and observed him from time to time, from the day of
the assassination to the close of the trial, and by Dr. Gerin, the
physician of Auburn Prison, who observed him carefully during the
four weeks that he was in that institution awaiting execution. Dr.
Gerin has had exceptional opportunity for the study of criminals,
both sane and insane, in his capacity as Prison Physician and, previously,
as Assistant Physician at the State Hospital for the Criminal Insane.
If Czolgosz was a victim of mental
disease the question would [381][382]
naturally arise as to what form of that disorder he was suffering
from. If, in answer to this question, we undertake to make a diagnosis
by exclusion, we find the following results: There was absolutely
no evidence of insane delusion, hallucination or illusion. There
was none of the morbid mental exaltation or expansiveness of ideas
that would suggest mania in any form, none of the morbid mental
gloom and despondency of melancholia, none of the mental weakness
of dementia, none of the conjoined mental or motor symptoms that
are characteristic of paresis, nor was there anything in his manner,
conduct or declarations that would suggest the morbid vanity and
egotism, the persecutory ideas or the transformation of personality
which usually characterize paranoia or systematized delusional insanity.
In fact, at no time during the period from his arrest to the time
of his execution, did he exhibit any of the mannerisms, boastful
display, etc., or claim to have a “divine inspiration” or “a mission,”
or make any complaint or suggestion of personal wrongs and persecutions
which are so characteristic of paranoiacs; nor did he, during his
trial, or subsequently, evince any indication of satisfaction or
delight at being the central figure of the occasion and the observed
of all the observers which he was; nor was there any attempt on
Czolgosz’ part to simulate mental disease. The refusal to talk with
his counsel was perfectly consistent with the views which he expressed
to the District Attorney soon after his arrest, namely, that he
did not believe in law and that he wanted no counsel. He did however,
converse with others, namely, the District Attorney from time to
time before his trial, also with his guards at the Buffalo jail,
with whom he frequently walked in the corridor fronting his cell
for an hour or two at a time, conversing with them intelligently
the while and making his wants as to bathing, toilet, tobacco, etc.,
known in a natural manner. He also conversed freely with the people’s
experts in their earlier examinations of him, and talked, though
not so freely, with Dr. Hurd and myself, and when on arraignment
for trial and formally asked to plead he promptly arose from his
chair and answered in a clear voice, “guilty.” He also responded
promptly when directed by the clerk of the court to “stand up and
look upon the juror” as each of the jurors was sworn, and resumed
his seat in each instance [382][383]
at the proper time. Beyond this he remained mute while in the court
room, and yet to any one who observed him closely it was apparent
that he was fully aware of, and attentive to the proceedings.
A recent writer—an eminent alienist—discussing
the mental state of Czolgosz says:*
“We can perceive no indications
of mental disease in Czolgosz, and were the absurdity of his
statements and acts to be a criterion of mental unsoundness
we should have to establish a new category of insanity for the
reception of the various groups of anarchists—not to mention
other terrorists.
* *
* * *
* *
* *
* *
We deem it an error to regard
Czolgosz’s mutism in court when called on to plead and before
his counsel as an attempt to simulate insanity. This conduct
is in line with his rôle expressed in the theatrical declaration:
‘I am an Anarchist and have done my duty.’ As it was his ‘duty’
to slay the President, it is his duty to go to death with his
lips sealed, and with this intent, first the plea of guilty
and his conduct are perfectly consistent. He shows no reluctance
to converse on matters disconnected from the crime, nor even
on matters connected therewith provided they do not touch its
preparations and thus betray his associates.”
Aside from his reticence
to his counsel there was nothing in Czolgosz’ manner, appearance
or declarations that was indicative of insanity or of simulating.
His reticence toward his counsel, as already intimated, was entirely
consistent with his expressed disbelief in government and in law,
and his declaration that he shot the President with a clear knowledge
of the nature and consequences of the act; and while he pleaded
guilty in court and also proclaimed when he went to his death his
reason for committing the crime, and declared that he was not sorry
therefor, in a manner which clearly implied that he regarded the
act as a justifiable one, he did not claim that it was not a crime
on his part as paranoiacs usually do, nor did he in any way indicate
that he regarded himself a victim of conspiracy or persecution.
On the contrary, he declared—to the people’s experts—that
he fully understood what he did when he shot the President and was
willing to take the consequences, that “I [383][384]
know what will happen to me—if the President dies I will be
hung.” Justice White, commenting on Czolgosz’ plea of “guilty” when
arraigned for trial—a plea which could not be accepted under
the common law—said: “The prisoner’s plea of guilty indicates
that he himself anticipates no escape from the penalty which the
law prescribes for a crime of the character alleged in the indictment.”
Again Czolgosz said: “I done my duty, I don’t believe in voting;
it is against my principles. I am an Anarchist.” He further said
that he had been an ardent student of the doctrine of Anarchy and
had attended many “circles” where these subjects were discussed.
He had attended a meeting of Anarchists about six weeks ago and
also in July; had met and talked with an Anarchist in Chicago about
ten days ago; that he belonged to a “circle” in Cleveland which
had no name. They called themselves Anarchists. That he went to
Cleveland “on no particular business” the Friday before the assassination.
He had been in Buffalo for two or three weeks prior to going to
Cleveland. “I planned to kill the President three or four days ago,
after I came to Buffalo”—from Cleveland—“I don’t believe
in the Republican form of government and I don’t believe we should
have any rulers. I had that idea when I shot the President and that
is why I was there.”
In explanation of his abandonment
of his religious faith and his rejection of the services of a priest,
Czolgosz said the night before his execution, “I would like the
American people to know that I had no use for priests. My family
are all Catholics and used to go to church until the hard times
of 1893. We had been taught by the priests that if we would pray
God would help us along, but it did no good; it didn’t help us and
we stopped going to church at that time.” He also said at this interview:
“McKinley was going around the country shouting prosperity when
there was no prosperity for the poor man. I am not afraid to die.
We all have to die sometime.”
It may be said that Czolgosz’ belief
which he expressed as he went to his death, that the President “was
an enemy of the good working people” was a delusion, and such it
undoubtedly was in the broadest sense of that term; that is, it
was a false belief, but it was in no sense an insane delusion or
false belief [384][385] due to disease
of the brain. On the contrary, it was a political delusion, so to
speak,—a false belief founded on ignorance, faulty education
and warped—not diseased—reason and judgment,—the
false belief which dominates the politico-social sect to which he
belonged and of which he was a zealot, who in common with his kind
believes that all forms of government are wrong and unnecessary—a
body of mal-contents whose teachings oppose all government and who
advocate the use of violence to destroy the existing social and
civil order of things. By his own admissions, Czolgosz was a devout
Anarchist and a firm believer in the principles of “Free Society”
as taught by Emma Goldman—of whom he was an ardent admirer—and
others. These were the beliefs which furnished the motives for the
murderous deed.
That Czolgosz was an Anarchist and
actuated in his crime by the motives which spring from the teachings
of that sect, are clearly shown by: 1. His declarations after his
arrest, namely, that he did not believe in any form of government
or law and that all rulers were tyrants who ought to be put down.
2. His admissions to the District Attorney that he was a member
of anarchistic societies or circles, and had frequently attended
the meetings of the same; also that he had been influenced in his
views by the “lectures” of Emma Goldman; and that when apprehended
anarchistic literature was found on his person, and 3. The recognition
and commendation which he has received at the hands of Anarchists
at their meetings both in this country and abroad since his death,
several of these societies having openly recognized him as such
and lauded his action.
The Anarchists’ creed teaches that
when one of their number is selected to do a certain deed, he is
to proceed about it quietly and in his own way, taking no one into
his confidence; that, having accomplished the deed, if apprehended
he shall not admit his connection with any other members of the
circle; that, if convicted and sentenced to die he shall go to his
death with out revealing his connection with others, resting secure
in the belief that he will be ever regarded by his associates as
a martyr and a hero who died in the discharge of a noble duty. The
course and conduct of Czolgosz from the beginning down to his death
are entirely in keeping with this creed. And finally the [385][386]
cool and courageous manner in which he met his death, and the fact
that from the day of his arrest until he died, he never uttered
a word that could be used against his accomplices,—if he had
any,—and that he died—as Anarchists who suffer the death
penalty always die—without uttering a word that would tend
to incriminate any of his co-conspirators, tend to stamp him as
an Anarchist.
In conclusion, the writer having viewed
the case in all its aspects, with due regard to the bearing and
significance of every fact and circumstance relative thereto that
was accessible to him, records his opinion unqualifiedly that Leon
F. Czolgosz on September 6, 1901, when he assassinated President
McKinley, was in all respects a sane man—both legally and medically—and
fully responsible for his act.
|
