The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-11-09

Pitney will be called 0s one OF the first wit
nesses; that Assistant Register UDton,
Chief Clerk Power rand all Treasury officials
who are supposed TO have any knowledge
Of tho expenditure OF the contingent fund
will be called, and that tho country will be
satisfied with the thoroughness Of the in
vestigation.
GuITEAU's CASE.
In the Criminal Court this morning sco-
vile, counsel for Guitcau, called the at.
tention Of Judge Cox to the motion made
in the case q few days ago by his assoClat o
Robinson. Judge Cox said the motion re-
ierred In the first place to the postpone
ment Of the trial While he was exceed.
ingly anxious to accommodate the conye-
nience Of counsel, he didn't see how he
could postpone the trial without the con.
sent oi counsel on both sides. In regard
to the other part Of the motion, to direct
the District Attorney to deliver to the
counsel for The defense certain papers, he
said that in consultation yesterday with
the District Attorney and Robinson, the
District Attorney offered TO furnish any
papers he had for the inspection Of coun-
sci. He didn't sec that the court could
give an order for the production OF papers
that might be evidence on the part Of the
prosecution. On that score, however,
there would be no difficulty. Scoville re.
marked that the matter had hardly been
presented the other day exactly in the
view which he had Of 1t. There were
three classes OF papers in the possession Of
the District Attorney, and he considered 1t
very important that the counsel for the
prisoner should have, not merely the in.
spection OF papers in the presence or un-
der the supervision Of the District Attor-
ley, but they should have the papers for
consultation among themselves and the
prisoner. There could be no dihiculty.about
the custody Of the papers because the re-
ceipts could be given for them and their
contents could be ascertained and noted.
In the first place there were certain clip
pings from newspapers which had been
gathered up by the prisoner during the six
weeks before the shooting. The reason
why the counsel for the prisoner wanted
them was that these clippings were evl-
dence for the defense US 10 the influences
that were brought to bear on the prisoners
mind and OF the motives which operated
on him finally In committing the deed.
Ordinarily, OF course, an application for
things OF this character In the possession OF
the District Attorney might not be proper,
but in this case the defense consisted OF q
claim OF insanity and II was extremely i'm
portant for tho counsel for the defense to
ascertain and to be able to produce in svi.
denCe the influences which operated on
Guiteau's mind for SIX weeks before the
shooting. Let him suppose, for example,
that certain letters had been written TO the
prisoner during that time by accomplices,
instiguting him to act, understanding
his mental condition, would 1t be claimed
by the counsel for the prisoner that they
were notentitled to their possession In order
to show the influences that were brought
TO bear on the prisoner, and how they oper-
ated on his mind. Instead OF there being
such letters addressed to the prisoner in
person there were, as he understood, Ger.
tain printed documents or printed letters
addressed to him In common with all peO-
pie OF the United States, and counsel for
the defense were entitled TO the inspeC.
tion and examination Of those papers to
see how far they influenced the prisoners
action, and how far they were proper TO
be produced In evidence on the part Of the
defense. There was also printed book,
the property Of tho prisoner, which had
been taken from him. During six weeks
before the act was committed Guiteat was,
he understood, engaged In making ammo.
tations In that book, notating all alongt the
margin, making alterations and corrections
and putting additions to iton the margin.
These things were important as indicating
the condition OF the prisoners mind, what
he was thinking Of and as bearing Upon
the question OF mental soundness and
legal responsibility, and the counsel for
the defense were entitled 10 them and en-.
titled to have them before the trial.
They were not bound TO look
to the grace Of the District AT.
tOfney to obtain their evidence. They
were entitled TO II themselves TO examine
Il; 10 canvass II in all its bearings, 30 as
10 sec whether II was the proper thing TO
produce In evidence, az they now believed
Il was. fastly-three weeks ago the pris.
orer had prepared, In Jail, a cOmmunica'
ton which he desired 10 have published,
and had sent Il in the mail 10 himself (Sco.
yilleJ. The Warden had brought II TO his
room, but not finding him, he had left II
with the District Attorney; that letter and
communication he had been unable 10 get;
be had applied TO the District Attorney re-
peatedly for them but had not been able TO
get them, he now submitted the matter 10
the Court. lie was not asking Tor anythlnga as
a favor, but he held that he was entitled 10
these papers without any qualification.
Judge Cox said that In regard to.these
papers he should say that the counsel for
the prisoner were entitled 10 them, but In
the absence Of the District Attorney he
could not make any order as 10 the book
referred to. The District Attorney yester.
day told Robinson that he would give him
q copy Of Il.
scoville-But a copy is not sufficient.
Judge Cox-1 do not see that I have any
power 10 order the District Attorney 10
deliver any letters thathe holds and which
no may desire to use as evidence be.
lleve he Is willing 10 give an opportunity
to examine everything he has, and dc
not think my order will be necessary
However, will consult the District Attof