Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-05

The Question Of the Prosecution of
Guiteau-The Duties of the Attorney
General i'm the Case-DifferenCe Of
Opinion Between President Arthur
and Attorney General MacVeagh.
very important meeting OF the Cabinet was
held In President Arthurs paror directly after his
return from Yorktown. 1t was Of unusual length,
and the secrecy maintained by the members and
the OminOus looks which followed all questions
relating to the subjects discussed Occas1oned
good deal Of comment at the time, particularly
among the correspondents Of newspapers. Put
ting this and that together and taking one con-
sideration with another" THE STAR is enabled to
present tOlerably accurate history OF the meet
ing.
Every member of the Cabinet was present The
President, as soon as all were seated stated that
he had called the members together to consider
the question OF the prosecution OF Guiteau; that
from facts which had come to his knowledge he be-
ieved the government to be entirely unprepared
for the case. He added, with good deal of en-
pnas1s and accompanying his words with
clenched fist, that came down with some force on
the table, that he would consider it pre-eminently
disgraceful to the government, If, in the Guiteau
case, as in the star route cases, the government
should confess itself unprepared to go on, and be
compelled to ask a continuance.
Attorney General MacVeagh was present and
gave no sign. The President, noticing Mr.. Mac
Veaghs silence, put the question to him directly
as to the preparation of the government to pro-
ceed in the Guiteau case. The Attorney General
replied that he did not consider it any part of his
business to give attention to criminal prosecu-
tiOnS.
The President replied that this was great state
trial. and that the whole country looked to Mr..
MacVeagh to see that it was conducted properly
and efficiently.
Mr.. MacVeagh said there was no law or custom
for the Attorney General to appear in criminal
fri nI 0rdrn h he, RI falxl
miah Black.
The President then quickly and somewhat an
grily asked Mr.. Macveagh how it had been in the
AarO n Burr trial.
"Oh, but that was a trial for treason" Mr.. Mac
Veagh replied.
eyes," said the President "and this is trial
for numbering the Chief Magistrate of the nation,
and to my mind it is the positive duty of the Attor
ney General to take charge Of the case.'
Mr.. MacVeagh then reiterated that the law never
contemplated that as any part of his duty.
The President replied that the Statutes of the
United States authorized the Attorney General to
appear for the government at any time, in any
federal court, in any case in which he might deem
1t his duty to do So and he referred Mr.. MacVeagh
to the particular section Of the law.
By this time there was good deal Of excitement
around the Cabinet table. The lawyers of the
Cabinet being appealed to, they all agreed with
the President
AS Mr.. MacVeagh maintained his position that
1t was below the dignity of the Attorney General
to appear in a criminal case, the President then
asked him If he had done anything to obtain
counsel to assist District Attorney Corkh i'll in the
prosecution of Guiteau.
Mr.. MacVeagh said he had not; that that was
duty which belonged to the district attorney him.
self II he desired additional counsel.
The President with considerable warmth, said
that that was a new suggestion to him, and that
either Mr.. MacVeagh Or himself was very ignorant
OF the law; for, according to his reading OF the
United States statutes, it was made the express
duty OF the Attorney General to engage assistant
counsel in any case where, in his judgment, the
interests OF the government required it.
Mr.. MacVeagh said that he took a different view
OF his duty, and did not consider himself bound to
take any part in the trial Of Guteau to procure
addition counsel for that purpose He said that in
the star route cases Col. Corkhill had suggested
desire for the employment of Mr.. VIM. A. Cook as
additional counsel, and Mr.. MacVeagh said he had
nothing to do with it and Col COrkhil could do as
he pleased in the matter.
The President said he was determined that the
government should have able counsel, and he
would himself direct, If Mr.. Macveagh declined to
do so, that Judge John X. Porter, of New York,
and Walter Davidge, Of Washington be employed
as additional counsel in the prosecution Of Gui-
teau.
Mr.. MacVeagh then said that If the President de-
sired it to be done he would employ the gentlemen
named.
1t is said that at the close OF this somewhat re-
markable Cabinet scene the President remarked
that the Attorney Generals knowledge of the law
would be greatly improved by reading the statutes
of the United States which define the duties of his