Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-12-29

Scovilie. with much feeling, protested
against the proposition of the District Attor
ney, which could not be understood by any
one other than an invitation to all who heard
offered.
JUDGE PoRTER's REMARKS.
Judge Porter, following Scoyille. said
The assassin of the President will assassi
nate no more forever, and the voice which is
not silenced now will be as dumb as that Of
his victim when the end of the law is reached
Applause. No man, sane or insane, is DER.
mitted to say the arm OF the law in his pres.
ence is powerless. / have approved-I saw Il
in view of the condemnation of the American
people, as represented by their papers, be-
cause they did not understand the situation
as we did-have approved and vindicateG
your Honor's course down to the time thii
prisoner proclaimed, with the acquiesence oI
his counsel, that he had been sane from the
hour after he executed this foul, diabolica
motion I felt that the time had come when il
was due to the majesty of the law, to vim
dication of the American Government, and
above all, to vindication of the judiciary,
that the step should be taken which I now
indicate. You suspended your decision In
the hope that you might be able to extend to
this same criminal and homicide still further
clemency but if it be extended it will be at
some peril-peril to the name of American
jurisprudence, peril in respect of the indef.
mite continuation of the trial. which, without
the interposition of the prisoner, would have
terminated three weeks ago. The time now
comes when the law must make its appear
ance in this Courtroom, and the man who
pretends to be q maniac shall no longer sit
at the counsel table and exercise privileges
which You would accord no member of the
American bar"
The prisoner-A very nice speech, but
there is not a word of truth in it.
THE JUDGES DECISION.
The Court then rendered its decision. It
was hardly necessary to say that the conduct
of the prisoner had been in persistent viola
ton of order and decorun. In the beginning
the only methods which could be resorted TO
to suppress this disorder were such as must
infringe the constitutional rights of the pris-
oner, and that was conclusive argument
against them. Until Saturday last no other
method had been proposed. Then this propo-
sition (which he had already had ia mind
was submitted. It had hitherto been the
impression, shared by Court and counsel,
that the prisoners conduct and language in
Court would afford the best Indication of his
moral character, and contribute largely to
the question cf his responsibility. It was,
therefore, in accordance with the express
desire Of the District Attorney that the Court
had allowed euch latitude Of conduct in
order to furnish the experts an opportunity of
diagnosing the prisoners case. As it now
appeared, the opinions of the experts have
been largely founded On the exhibitions
which had taken place on the trial, and il
they had contributed to enable those experts
to reach their conclusions it would be com.
plete vindication of the view of the District
Attorney as to the proper course to be pur.
sued. at this stage of the trial, however,
this object seemed to have been accomplished.
The trial was now approaching its close. The
experts had had ample opportunity to make
up their judgments, and pronounce them be-
fore the Court and jury. 1t was incumbent
on the Court now to impose such restraint as
the circumstances of the case admitted, and
which could conduce to an orderly conduct of
the case. The prisoner had right to hear
the testimony of witnesses. He could not be
gagged o. sent out of Court. The proper
place for prisoner on trial for felony was the
dock. He could only come within the bar to
be arraigned. and to receive sentence. If the
Court granted him the privilege of sitting be-
side his counsel, it was privilege which
could be withdrawn summarily. While a
prisoner had an undoubted right to act as
his own counselor, appearing as his counsel,
he could not exercise both rights simultane-
ously. Having accepted counsel, the pris-
oner had waived his right to appear as such
in person. On consideration of all the cir.
cumstances, the Court thought the motion
should have been granted, and that the pris.
oner should be placed in the dock, but he did
not mean that the prisoner should be exposed
to any danger. He should have the fullest
protection.
REMOVED TO THE DOCK.
The prisoner (speaking quietly, as though
he dreaded being placed in the dock, which
was filed at the time with spectators) To
settle the matter, L will sit auietly here.
Will it not be satisfactory if 1 keep quiet and
stay here? If I sit in the dock / may be
worse.
The Court directed the Marshal to clear
the dock and place the prisoner there.
During the confusion and noise incident to
this movement the prisoner exclaimed, in
subdued tone, have 10 objection to going
to the dock, if your Honor says so."
The Court say so, simply in hopes of
keeping you quiet.
The prisoner-I move that the Court-room
be cleared. If | am going into the dock.
want the Courtroom cleared.
The prisoner having been placed in the
dock, aud quiet having been restored. Porter
said: "I 1t is to be borne in mind that the
ciimera which seems to haunt the prisoner
has no foundation. He is in no danger. ex.
cept from the hangman's rope, aud SO long as
an officer of the law stands beside him 10
man will imperil that officer in the discharge
of his public duty by firing a shot at the
prisoner" (Applause.
~ amt afraid, !" the prisoner shouted, "to
walk through the streets of Washington
God Almighty will protect me, as he has
done.'
After glanciug arou1d his new place he
called out, "Oh | rather like this, your
Honor. 1t gives me much better opper-
tunity to see
After one or two outbursts on the part of
the prisoner. the examination progressed for
several minutes without incident.
THE PLASTER CAST OF GUITEAU's HEAD.
Scoville handed up plaster cast of Gui
teaus head, and inquired it the Inequalities
were sufficient to attract his attention.
That looks like Humpty- -dumpty," shost-
ed Gui.eau, as the witness held up the head
and closely examined il. "Corkhill, I'm in
debted to you for this fine seat. 1t is a great
improvement"
Witness thought the head was decidedly
well shaped, though he attached very little
Importance to such matters. He had in bis
asylum insane persons with very symmetrical
heads, and knew plenty of sane people with
very badly shaped heads.
Witness did not believe Guiteau had been
feigning insanity in tie Court-h house, but
thought he had exaggerated his natural
character-vanity, insolence and audacity.
Guiteau shouted, You mean that when I
am assaulted / hit back You see old Porter
has been promised S., 600 if he would get me
hanged. He sees that the American people
don't want me hanged, and his fee is there
fore slipping through his grasp. That makes
him mad"
As the crier announced the adjournment of
Court, Gaiteau called out, "On I'll get in
my work over here. Don't you worry about
that
Adjourned till 10 A. NJ. tomorrow.
Tedious Progress Expected.
WASHINGTON. December 2Sth.-Corkhill
says that if the defense intend to summon
more experts he can't predict the end of the
Guiseau case. The prosecution also has many
more experts, who will testify that Guiteau
is acting the part of maniac. The Gov
ernmeut can close the argument in one day,
but the defense will require more.
The New Trial Question.
WASHINGTON, December 2Ssh.-Your cor
respondent met Scoville on Louisiana avenue
short time ago, and the following conversa-
ton took place
"Your client Guitesu is an ungrateful fell
low. He insults you grossly"
Yes, yes," replied Scoville " If it were
not for the fact that / feel assured that he Ia