The daily gazette., 1881-11-22

INV own counsel, the best way Is for me
to make corrections as the case proceeds
Just as have done during the last three
or four days. / mean no discourtesy to
anybody In the case only want to get
at the facts. If somebody says that |
owe him 500 and 1t Is not true, will
deny il on the spot simultaneously with
the false charge, and that as the case
proceeds. Of course l will go on the
stand at the proper time and be ex-
amined aud cross-examined. My idea
is. however, to correct a misstatement
while 1t is hot, and at the moment the
statement Is made, and that disposes OF
II, instead Of waiting a number OF weeks
till the matter is digested and misun-
derstood. A great deal of bad feeling
in this matter has come from enforced
silence, or from the suppression OF 10Y
papers. | think that the true way 10 to
interject statements as the case proceeds.
have no set speech to make. am
much obliged to Your Honor and my
counsel for the courtesy of the invita-
tion.
MR.. scovILLE TO THE JURY.
Mr.. Scoville then proceeded with his
address to the jury in a plain, easy,
matter-of-fact style, and without the
slightest effort at oratory or sensation
alism. He criticised the course of the
District Attorney in presenting the tes-
| timony SO much in detail. The simple
questions in the case we're whether the
prisoner had committed the act (Which
was not denled), and whether he was,
at the time, in such condition of mind
as that he should be held responsible for
the act. On this point there would be
a great deal of expert and therefore con-
Trajectory testimony.
| The Jury should note carefully the ex-
pert witnesses, hear their testimony, see
how they stand examination and cross
| examination, and then come to the best
| conclusions they could arrive at. The
difficulty would come when the jury
came to weigh the evidence on both
sides. The jury should then consider
that the experts on the part of the gov
ernment are being paid $100 or $500 q
day, and that even these scientific men
have not reached that height beyond
passion and feeling and love of money
as that those things could have no influ-
ence whatever on their feelings or their
judgments. On the other hand, not a
single expert witness for the defence
would be paid, and their testimony, II
in favor of the prisoner, would expose
them to condemnation and ostracism in
the community where they reside
These were things to be taken into con-
sideration in weighing the expert testi-
mony. The popular feeling against the
prisoner had been manifested In three
Separate attacks upon his life-the last
one was being commended by the news.
papers all over the country. That pop
ular feeliBg would also show itself In the
testimony the expert witnesses. He
contrasted his own lnexperience IN
criminal cases with the experience and
ability of the counsel for the prosecution
and in view of this disparity he asked
the Jury to be considerate and candis
tow ard the defence. Still he did not asl
for any odds when 1t came to question:
of fact. He-expeeted that the defenc
, would erect an impregnable wall ant
fortress which all the power Of the othe
short in his law he knew that he coult
rely confidently on the Courts learning
integrity and sense of Justice. With th,
, array of facts which he would present
| an honest jury and an upright judge b,
felt that he was not entirely at q disad
, vantage.
I At this stage of his address Mr.. Soc
: vile asked that the case should go owe
| nil tomorrow, and 1t was SO ordered.
: AFTER THE ADJOURNMENT.
When the Court adjourned Guitea
: was taken to his room and waited ther
until one O'Clock, when the van arrive
/. and took him back to jail. A lar1
a crowd collected around the Court Hous
: to see the prisoner removed. Will
. waiting for the van q hot lunch wf
i. . served to the prisoner. He was ais
I provided with pen and ink and wrol
d his autograph for several persons VII
o applied for it. Neither his appetite nj
a his vanity seem to be diminished by b
. varied experience. He ate very hearth
and wrote his autograph with bo
. flourish, as though he was pro nd of Il
name he bears.
N |