The examiner., 1881-12-17

shrewd, active, intelligent lawyer" Several
 New York lawyers wero then examined, and
 sany sso os sner rasoaty to oue.ap ths
 tinually interrupting in his. usual abusive
 style. Judge Hawes of the New York marine
 court, in whose office the prisoner occupied &
 desk in 1874, testified that they had never seen
 any indication of unsoundness of mind in
 Guiteau. Senator Benjamin Harrison, of In-
 diana, testified that the prisoner asked him in
 Washington last spring to help him get office,
 but the witness told him he was already
 overloaded with applications from his own
 State. He had never questioned Gui-
 teau's sanity. Guiteau patronizingly said of Senator Harl ison: "You are good fellow,
 Senator. 1 remember you very well. Our con
 versations were generally social" The next
 witness was Isaac F. Lloyd, of New York, sec
 retary of the Mutual Life Insurance company
 He rresented applications for insurance =
 four from John W. GuiteaH, two from the pris-
 onef, and one from the prisoners father. The
 pont made was that those applications con-
 talned negative answers to the question whether
 there was insanity in the family. Upon objec-
 ton by prisoners counsel the court excluded
 the applications of the prisoners
 father. and brother. But the great
 sensation Of the day was created
 when D. Mclean Shaw, g New York lawyer in
 those office Guiteau had a desk ten years ago,
 -eshhed that tho prisoner told him ill 1872 that
 he (Gulteau) was bound to be notorious before
 he died that if he could not get noto1iety for
 good, he would get it for evil that he would
 shoot some Of our big men, and would initiate
 Wilkes Booth. AS the story was told, and the spe ctators felt how completely it fitted the pop
 ular conception of the assassin's character, 8 profound sen~a ~ation was visible. The assassin
 was beside Himself with excitement 'sYou
 lie he shouted, shaking his hand at the wit ness. "You're mean, low, dirty liar. Lnever
 had ahy such c, hversation, you low, dirty, low-livcd whelp. My wife and you kEow something of each other. She told me you came up to visit her" he said, with grin of pure malice; '' I'll show you up.' The assassin went on to pour out torrent of abuse on the witness, which lasted almost without break through both the direct and cross-examination. Mir. Seoville did his best to break the effect of the evidence by showing that Mir. Shaw had not allowed the ex- press on of such sentiments to alter his rela
 tions with Guiteau, but the witness explained that he had not really supposed the rnau would dc what he said.
 Dr. Spitzka was called as the first witness by Mir. Seoville, on the twenty-thifd day. His specially is nervous and mental diseases; hav- ing pursued his studies in this country and Vienna. His competitive paper on this subject obtained prize in 1878 He testified that he examined the prisoner on the previous day, that he might speak intelligently if compelled to testify; his decision was that the prisoner was insane; "Guiteau's tendency is toward mental delusions; the formation of delusive opinions and morbid projects, is a moral monstrosity with imbecility of judgment. I judged him insane before had asked him question: said the witness. ''His eyes and the expression of his face are as well marked for insanity as any ever saw" Mir. Scoville then put hypothetical question summarizing incidents in the prisoners history, and asking finally if in witness opinion the prisoner was insane when he shot the Pres ident. The doctor thought the man was prob ably insane at that time. MT. Davidge opened the cross-examination by asking 8 definition o1 insanity. The doctor declined to formulate Davidge made some attempts to probe Dr. Spitzka's professional record and standing with the intent to throw discredit upon him. This led to passage of wits between them in which both suffered to some extent. As far back as October 31 the doctor had, he said, fixed opinion that Guiteau was insane, founded on his writings, on his picture and on the published opinions of various lay people who had seen the prisoner; on this account he declined to testify for the prosecution when approached by Judge Porter, and he was unwilling to testify on either side. Witness had examined the pris oner, representing himself to be phrenolo- gist, that the prisoner might not know him and act part. Dr. Spitzka thought Guiteau people, and narrated the substance of his talk with him. He thought the prisoner knew the ordinary legal consequences of criminal acts, but was morbidly egotistical, with 8 tendency to delusive opinions and morbid projects. Fol instance, the prisoner told him tho American people would never see him die disgraceful death; that he would go to Europe for three months and then return and lecture with great success Witness thought his act of shooting to be a morbid project. Guiteau was unusu- ally boisterous and denounced the press and district attorney with great violence. Re agreed with the witness Spitzka that he was in- sane and should not be hung for his crime While being manacled during recess Gufteau broke out with: s1 am not afraid to go to the gallows if the Lord Almighty wishes me to go there. I expect an act of God that will blow this court and jury out of that window to protect me, if necessary. want to thunder that in the ears of the American people," At another time after particularly boisterous look from Gui- teau & voice from the most crowded corner of the courtroom exclaimed, "Shoot him now p The prisoner glanced around in & frightened manner, while there was good deal of sup pressed commotion among the spectators. The deputy marshal endeavored to discover the of fender, but was unsuccessful in his search.
 On the twenty fourth day the examination of Dr. Spitzka as a witness for the defense was concluded, and the prosecution called several more witnesses in rebuttal. Dr. -Spitzka said he didn't believe Guiteau shamming in sanity. He told of remarkable dream the prisoner had related to him, in which Guiteau dreamed he was holding big reception in the White House. The prisoner interrupted the witness to give his own description of the dream, which occurred about week previous. MT. Corkhill handed Dr. Spitzka a slip of paper on which was penciled an oblong figure Wl1cl ne cla1m6Q represented In0 Snap0 ot a human head. Dr. Spitzka drew 8 diagram of the contour of a head, after explain ing that the irregularity of Guiteau's head was three times that of an ordinary per son. Being asked if he believed in God Dr. Spitzka objected to answering ''on principle" as he termed it, Gin country where civil and religious liberty are guaranteed.'' 'And irreligious liberty remarked MT. Davidge; but this elicited no laughter from the audience. Guiteau, who first stated that man had given him hat to measure his head said in seri- ous manner: seDo you believe in a God, Cork hill? have been digging up your record and stinks worse than anything else'' Dr. Fordyce Barker, of New York, testified for the prosecution that there is no such thing as hereditary insanity, but only an hereditary tendency to insanity. He did not believe in moral insanity; that was simply wickedness. Dr. Barker said he had not made personal examination of the pris- oner, and his testimony was directed to the general features and indications of insanity, with view of showing that Guiteau's plea of insanity is unfounded. Judge Cox took part in the questioning of this witness. Guiteau asked him, "Where man does an illegal act from an irresistible pressure is that sanity or insanity?'' The witness reply that that fact showed insanity pleased the prisoner, who re- marked: "That's my case, sir." Mrs. Sco- mission to question Dr. Barker. She wished to know whether a person could be born insane through malformation of the
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