Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-10-15
WgEEI ING. w. VA, SATURDAY MORNING. OCTOBER

that one, Augustus Parker, cousin OF
defendant, q son of his fathers sister,
was insane and died four years ago in
the insane asylum in Cook county, H.
linois. Third, that another cousin OF
defendant, one Abbie Maynard, daugh.
ter OF another sister OF defendants
father, has been insane for many years
and is now in confinement in an insane
asylum in Michigan, and further, that
Luther w. Guiteau, father of defend.
ant, was a monomaniac on the subject
of religion for many years.
The afiant further says that he ex.
poets to prove the actual insanity of the
defendant himself on different occasions
by B. 6. Scoville and Geo. T. Burrows,
OF Chicago, John:H. Noyes, OF Niagara
Falls, ]. A. Rice OF Waukesee, Mich,
and Mr.. Bradley of Chicago. Afiant
further says that he expects TO prove by
Mr.. Foss, OF Dover, New Hampshire,
that he was present at the time and
place Of shooting; saw the defendant
and heard what he said, and that de-
fendanl's acts and words on that occa.
sion
Showed Unmistaksbly that He Was
Insane.
Affiant further says it is important
and necessary for the defense to have
the testimony OF experts on the sub
| ject OF insanity, in addition to the wit.
nesses OF the facts, and that he expects
to prove that the defendant was insane
| at the time of the shooting by the follow.
| NIT W.
| Donald and Fifth, OF the Insane Asy-
lum, Wards Island, New York; DR..
Bradner, late of the Pennsylvania Hos
pital for the Insane, in the city Of Phila-
delphia, and DR.. Sprague, in charge OF
the Cook County, Illinois, Hospital for
| the Insane.
The affiant also expects to prove by
the following named competent medi-
cal experts, VIM. A. Hammond, New
York, J. NJ. Sims, New York, Moses
Gum, Chicago, and Edmund Adrews,
Chicago, that the wound was not neces-
sarly fatal, and was not OF itself the
cause of the death OF James A. Garfield,
but that death ensued as the result OF
Malpractice Of the Principal Physician
in charge OF the wounded man.
The affiant has reason to believe, and
does believe, that there are material
witnesses for the defense whose names
and residences are at present unknown
to him, on the question OF in
sanity. That thus far the affiant
has not been able to obtain information
from the defendant himself, or other
wise, with any particularly as to where
he has been or the pr IONS with whom
be has associated for some years past, 30
as to know whom to call as witnesses.
But affiant believes upon further inquiry
and within thirty days he can ascertain
the names and residences OF many such
witnesses whose testimony would be
very material. The affiant believes that
as many witnesses will be necessary on
the part OF the defense as will appear on
the list of witnesses for prosecutions TO
wit: forty four, and the court is respect
fully asked to make an order
Allowing Any Number of Witnesses
not exceeding forty-four, to be SUBJ
pGnaed on the part OF defendant, as his
counsel may from time to time deem
necessary Atflant further states that
defendant has no means OF payment OF
any expenses, and that affiant himself
has received nothing and expects to re-
ceive nothing for his expenses IN dis
bursements.
The affidavit having been read, Sco-
vile said: 81 have endeavored under
the instructions OF the defendant to
secure competent counsel to attend to
his defense. l am not myself familiar
with the criminal law or criminal
practice and would not feel
competent to take upon my
self the defense. | have acted alone
thus far m, re from force of crcum-
stances. As soon as application was
made to me to act for the defendant and
in accordance with his request, | asked
Emery A. storrs, of Chicago.
q gentleman conyersant with criminal
law, to undertake the defense. MIR.
Storrs said his engagements were such
it could not be possible for him to
give that time and attention to it which
the Importance OF the case demanded.
next applied to Richard 7. Merrick, OF
this city, and received substantially the
same answer. Mr.. Merrick, however,
| kindly consented, in case the question
OF jurisdiction should be raised, to argue
that branch OF the case TO the court, but
! he said beycnd that bis engagements
would not permit him to take part in
the defense. I next, under instructions
OF the defendant, applied to Gen. B. F.
Butler, but my impression is that the
letter addressed to him must have mis-
carried. 1t was mailed by me last Mon
day, and as yet | have received no an
swer. l saw what purported to be
telegraphic dispatch from Butler 10 some
one in this city, dated Wednesday at
Boston, saying he had heard from me.
| have not addressed him further, hop
ing he has received or will receive my
letter. OF course, If be cannot attend to
it it will be my duty to
Try to Obtain Other Counsel.
mention these things as part OF the
reasons which / think should operate
with the Court and influence it to grant
further time in this case.
District Attorney Corkhill opposed
DELAY and asked prompt trial. Judge
Cox said q prompt trial was essential
and fixed the trial for November 7th.
When the hearing was concluded the
officers gathered about Guiteau and Be-
curely fastened his hand cuffs, and the
| prisoner was taken from the court room.
Judge Cox indicated that If Scoville
could not obtain satisfactory counsel he
would assign him competent assistance
from the local bar.
Another Crank Lawyer.
WASHINGTON, October IA. = While
Guiteau was being arraigned today, q
large sized man approached some OF the
officers of the court and asked for the
loan of pistol. His inquiries causing
suspicion he was taken to police head
quarters, where he gave his name as
Geo. H. Bethard. and showed diploma
as LAWYER issued to him June 23rd, in
Columbus, Ohio. He said he fought in
Garfield's regiment, and showed two
gun shot wounds in his legs, and bay
onet wound ON the side Of his head I,
which, he said, he received at the battle
of Shiloh. He has beer doing clerical
work for a lawyer in this city. de