Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-14
"The question now is,n said the court, .sbetween
the court and the counsel"

1uGeau having Deen pulled down into his seat
Mr.Corkhill rose and made reply to Mr.. Robinson
He spoke OF the time and privileges already granted
to the prisoner. He did not think that anything
sons request.
Mr.. Robinson said he would make af11davtt in
reference to the witnesses and IL the court pleased
nand him the name OF he witnesses.
MR. ROBINsON's AFFIDAVIT.
Mr.. Robinson then taking paper from his
pocket, swore to it, the clerk administering the
oath, and then was about to read it. Then pausing,
ne said 1t would be proper for him to hand it
to the court. So he handed it to the court. When
Judge Cox had read it District Attorney Corkhill
reached for 1t, and, when he had read it over said
there was nothing In the paper which could not be
The af1idavit was not read, but filed with the
clerk 1t set forth that three gentlemen now alb
% te city and to the
cused prior to the 2d OF July last and pronounced
MIN insane; and also said there was another gen.
needed, who had been written to and had not re-
piled; the defence wanted the order Of the court
and time to produce these witnesses.
AN UNPLEAsANTNEss BETWEEN COUNSEL FOR THE
DEFENCE.
Mr. Scoville, here rising, said he thought 1t pc
cuar, If not unprecedented, that such an applica-
tion should be made and that he should have had
no previous notice of it.
81 have no objection to your seeing theefhdavit, -
\. Mr. Scovllle proceeded. speaking OF his connec-
tl0n with the case. He said he cared not for eti-
quette except fairness and unless he was to be
consulted In this matter he did not want any
further connection with this case. The time had
come when these things should be said. All he
did not care to have further connection with it.
He referred to his attempt to get assistance. He
think it should be arranged against the know
ledge and desire of the near relatives of the
prisoner who were in court. He said the members
or the family desired to get Gen. Butler as counsel
Ihere was some hope OF getting him.
GU1TEAU SAYS HE DON'T WANT MR.. ROBINSON IN THE
CASE.
Guiteau here rising said, 81 don't want Mr.
Robinson in this case. 1 won't have it. 1 don't
like the way he talks"
WHAT THE JUDGE SAID.
Judge Cox said that as it was the desire of the
prisoner and his relatives to go on, he thought it
would be best to go on without procuring the as
sistance asked by Mr.. Robinson, and to proceed at
once, at any rate, to organize jury.
MR.. sCoyILLE WANTS THE PENDING QUESTION SET
TIED.
Mr.. ScOville objected to going further without
having it settled at once, whether he was to know
of and be consulted in the matter.
The judge said no one would be assigned without
his consent.
GUITEAU EXCITED.
Guteau here struggled to his feet against the
force brought to keep him down, and said very
loudly and emphatically: 81 don't want Robinson
on the case, and won't have him if can help it.
Ihen , turning TO the officers who We're trying to
pull him back In his seat, he said, loudly and an
grlly, "Mind your own business"
THE JUDGE SAYS THE CASE MUST GO on
Gulteau having been quieted, the Judge said he
did not see any way to do but to 60 on. He would
give during t he trial to Mr.. Robinson such time
as was absolutely necessary to arrange for his
witnesses He asked what assurance Mr. Robin
son had that the gentleman he had mentioned
would serve.
Mr.. Robinson said he could assure the court that
II the gentleman was assigned by the court he
would consider himself as under obligation to
serve.
GUITEAU AGAIN.
Guiteau, rising again, said: 'Mr. Scoville is
next to me- 1 am going to do my business my
self. Turning to the Of1icers.) Mind your own
business. am in the presence OF the court and
will talk as much as feel like"
THE COURTS ASSURANCE OF FAIR TRIAL.
The Judge, referring again to the application of
MI. Robinson, said he would grant him all the in
dulgence possible He referred to the fact that
the application was for no greater length of time
than Mr.. Robinson had originally applied, He
was fnclinced to have the trial proceed without
delay. 81 intend also" said the court, ssthat the
defendant shall have fair trial, and that the re-
prOach Shall not rest on the court that he was
hurried to the gallows without fair trial, to ap-
pease the public indignation raised by his crime
THE JURY PANEL SWORN.
He then ordered the business OF the court to
by the clerk, MI. Williams. The first juror called
was B. Lewis Blackford. Mr.. Blackford took the
stand, ready to be questioned.
THE COURTS ADDRESS TO THE PANEL
Before propounding the usual questions the
court, addressing the panel, said: Before you are
interrOgated individually, wish to make one or
two observations: Under the Constitution of the
United States the prisoner is entitled to be tried
by an impartial jury. But an idea prevails that
any impression or opinion, however lightly formed
or feebly held, disqualities from serving in the
character IRA of an impartial Juror This is an error.
newspaper enterprise and universal education
every case OF public interest is almost as a matter
ngent people In the vicinity, and scarcely any
one can be found among those best fitted
%no has has not read or
some opinion in respect to its merits" II the pre-
valent idea l have mentioned were correct, it
formed people in the community would be the best
qualified to discharge duties which require some
Intelligence and Information 1t is now generally,
II not universally, agreed that such opinions or
impressions as are merely gathered from news
papers or public report and are mere hy-
upon the truth of the reports and not
SO >, hxed "a "a as TO, TO- prevent one from giving
rendering verdict according to the evidence do
not disqualfy. On the other hand fixed and de-
cided opinions against the accused which would
partial, and which would resist the force OF
evidence for the accused, would be inconsistent
with the 1mpartiality that the law requires
There is a natural reluctance to serve on a case
like this, and a disposition to seek to be excused
on the ground OF having formed an opinion, when
in fact no real disqualification exists. But it is
your duty as good citizens to assist the court in
the administration OF justice in just such cases,
unless you are positively disqualified and shall
expect you on your cOnsciences, to answer fairly
as to the question of tmpartiality, according to
the explanation Of it which have given YOU"
Selecting the Jury.
The first question asked of Mr.. Blackford by the
court was, whether he had formed any opinion OF
the case.
81 have, sir" replied Mr.. Blackford.
SIS that opinion" asked the court "one that
would prevent you trying the case impartially?"
"It was" said Mr.. Blackford, ssa very firm and
fixed opinion, and 1T would require testimony of
very unexpected and extraordinary character to
shake it."
81 expect this juror will have to stand aside"
said the court MIR. BlackfOrd then stepped down
and out
The next juror called was Philip B. Otterback
He had formed fixed opinion, and was set aside
MI. Geo. b. Fugitt had conscientious scruples
against capital punishment, and was set aside
Abner c. p. Shoemaker, formed decided and fixed
opinion. Set aside. John Marbury, jr., had formed
ana expressed an opinion. He had said that he
would hang Guiteau. VIM. B. O'DOnnell, after a