New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-12-30
TEXT OF JUDGE CoYS DECISION.

MASllINGTON, Dec. ~ uC IOliVNA'o :" w.
full text OF Judge Coxs decision rendered yesterday
afternoon. rcmauding the prisoner to the dock:
II is hardly necessary that the conduct OF the
prisoner during the trial has been one persistent NO
tLD ,ia 6a,,nni,, Tho oniv nncosure which could
have been resored to efectully and completely 10 sup
press this disorder such rs might nave ltngeu
his constitutional right as prisoner on .rai az" tbnt
was conclusive argument against resort 10 mat
Until Saturday last no other measure hai Deen suB-
gcsed from any quarter when the measure now P, O
posed was suggested in the form OF notion on
although 10 had itself occurred 10 ING
previously On the contrary, it had heretofore been
an impression, shared both by Court and counsel that
probably afford the best indications Of his mental ana
moral characteristics, and contribute largely to the en-
ton OF mental responsibility. Ii was, therefore, III ac
cOrdanco with the desire expressed to me by the DIS
conduct, unrcstraned except 80 far as necessary 10
conduct the proceedings at ALL in order to furnish par
opportunity 10 diagnose Ids IL was thought that
no better opportunity could be afforded than
courtroom, and under the excitement Of the trial aud
the various phases OF this daily pending the long
pears, the opinions OF the experts have been larE'y
founded on the exhibitions which have taken place
during this trial. and they have contributed TO enable
the expert witnesses 10 reach conclusions, 1t COM
pete vlndcaliOn Of the view OF the Dstrct-At'Tney
that TINS was the proper course to he pursued. 90
At tbs stage Of the trial this object seems to me 10
have been accomplished. The trial is now approaching
ming Of this trial. These gentlemen have had ample OPP
pOrtunity TO make their Judgments, and are now IN
jury On Saturday the first time, as said, an appca
ton made 10 me To remand the prisoner TO the DOCK
and, the object or the heretofore taken nav
Ing been accomplished, It seems To me Incumbent
upon me- that application ia made, to Impose
sucn restraint upon the prisoner Us the clrcunl,
stances OF the case shall admit, and as shall
cOnduce to the more orderly conduct OF the
cause what is left Of 1t. considered this motion
because doubted the eXpedency Of IT, and wished TO be
in my Judgment that II did not conflict with the
prisoners constitutional right He has right to be con.
froutcd with the witnesses against him; ne has rlSht
hear their testimony and to appreciate s import no
has right to have counsel assist him or To consult
with counsel; he cannot be gagged sent out OF the
court had considered the application and was pre-
pared to upon Ii Monday n 10 pressed. But /
entertained the hope that the mere making Of the motion
would have It's moral effect upOH the conduct OF the
prisoner.
the dock He only come within the bar TO plead
upon arraument to receive sentence. II the court
the purpose OF urhering Justice grants the privilege
sitting beside his counsel within the bar II u pfF
lege which confers rigu IN itself but Ike any Other
privilege II may be withdrawn summary at the dIcI o
ton the Court. While prisoner has an undOuOted
constitutional RI sht to act his counsel or To be
heard by counsel he cannot exercise both rights SIM
ultaneOusy. Having asked for, and had counsel as
signed him. or awaiting himself OF the nsastahco Oh
counsel In any other way he mas thcrcDy
waived his constitutional right 70 appear as
party cannot waive constitutional right expressly in
Tended for his b'net ana subsequently ihIuhc ls pro
lection The behavior oil party IN court "hclnea
prisoner counsel, l. the standard 10y whch 10 Gthse
his privilege of exercising constitutional right II ne
abuses that right he may To some extent ioiicII MS
privileges and the mere claim OF su'h IlGn' mas no
weight the presence 90 disorder created by the party
himself since the first duty OF the Court 10 10 protect s
Jurisdiction uguu-, intrusion and the administration oi
Justice n.aus' any attempt 10 bring IL into contempt
49,. n uI,trnfnrd 100: Otto 1881
In this been almost the uniform practice
within my recollection ~ q matter oil INDULGENCE To
allow the PRISONER To- SIT with ms counsel ~ tHe DAT.
at rIrht Upon considering all these circumstances
tuin. that the motion viii nave % Dee granted ana thHt
the prisoner w Dee placed IN the dock. Ana 90 nor
mean that Ice snail be- posed to any danger whatever
He shall have tho fulics, prutscuon accorded hh'