The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-12-29

ON the workings OF an insane mind, an
}. humanity would dictate that II reaIons
ble doubt should exist, that lenienc
should be extended toward him, H
's thought an admonition from the Coul
would suffice.
Mr., Corkhill insisted upon the remoya
OF the prisoner TO the dock and the re
moval from around him Of special police
men who were not regular attaches Of tn
i Court, and that he should be kept in thl
, dock with no other special protection thar
: : is accorded to another prisoner.
Guiteau, trembling with anger or appre
! hension, shouted, "You want to shoot me
, do you, Corkhill You can't convict me
: so you want to get me shot. You might u!
well hang me up outside and tell the mol
to shoot at me, | tell you (raising his
J voice almost to q shriek) God Almighty
would curse you, sir, II was put in that
dock and shot, you miserable wretch
you,"
Scoville with much feeling protested
against the proposition OF the District At.
torney, which could not be understood by
any one MS other than an invitation 10 al
who heard 1t to shoot the prisoner II an
opportunity offered.
PORTER VOICES THE FEELINGS OF THE ANERI.
Ic4N PEOPLE.
Judge Porter, following Scovllle, said {:
The assassin Of the President will assass-
nate no mol0 forever, and the voice which
is not silenCed now will be us dumb US that
OF his victim when the end OF the law IL
reached, Applause.l No man, sane or
insane, is permitted to say that the arm OF
law in his presence is nerVeless that have
proved. say It in view Of the condem.
nation Of the American people, rs repre-
sented by their papers, because they did
not understand the situation us we did. l
| have approved and vindiCated your hon
or's course down to the time this prisoner
proclaimed with acquiescenCe OF his coun-
sci that he had been sane from the hour
after he had executed this foul, diaboliCal
and Infamous murder. When | made
this motion | felt that the time
had come when 1t was due to tho majesty
OF the law, to the vindication OF the Amer
lean government, and, above all, to the
yindicatiOn OF the judiciary, that the step
should be taken which l now indicate.
You suspended your decision in the hope
that you might be able to extend to this
sane criminal and homicide still further
clemency, but II it bc extended It viii be
at peril--peril to the name Of American
Jurisprudence, peril in respect to the in
definite continuation OF the trial, which,
without the interruptions Of the prisoner,
would have terminated three weeks ago,
The time has now come when law must
make Its appearance In this court room,
and when the man who pretends 10 be
maniac shall no longer SIT at the counsel
table, and exercise privileges which you
would accord no member OF the American
bur
Tho prisoner--A very nice speech, but
not word Of truth in It.
THE DECISION OF THE COURT,
The Court then rendered It's decision. II
Is hardly necessary to say that the conduct
Of the prisoner has been persistent viOla-
tion OF order and deCorum. In tho begin
ming the only methods which could DO re-
Sorted TO, TO suppress this disorder, were
such us must infringe on the constitutional
rights OF the prisoner, and TINT was the
conclusive argument against them. Until
Saturday last no other method had been
proposed. Then this proposition (which
he. had already had in mind) was submit
ted. 1t had hitherto been the impression,
shared by the Court and counsel, that the
prisoners conduct and language in Court
would afford tho best indication OF his
mental and moral character, and contrib.
ute largely to the enlightenment Of the
Court and jury on tho question Of Ills re.
sponsibility.
It WIS therefore at the express desire Of
the District Attorney that the court had al.
lowed such latitude Of conduct In order TO
furnish the experts mn opportunity in diag.
nosing the prisoners case. As II now up.
pcared that the opinions OF tho experts had
been largely founded oil tho exhibitions
which had taken place in the trial, and II
they had contributed to enable those ex.
perts to reach their conclusions 1t would he
II complete vindiCation OF the view
OF the District Attorney MS to the proper
course to be pursued. At this stage Of the
trial, however, this object seemed TO have
been accomplished The trial was now ap.
proaching It's close. The experts had am.
pie opportunityto make up their judgments
and pronounce them before the court.
Now TO impose such restraint as the cir
ctimstances OF the case admitted, and which
would conduce to the orderly conduct OF
the case, the prisoner had q right 10 hear
the testimony Of the witnesses. He could
not be gagged or sent out OF the court.
The proper place for prisoner on trial for
felony was the dock. lie could only come
within the bar TO be arranged ahd to re.
Ceiye the sentence.
II the court granted him tho privilege Of
sitting beside his counsel II was priyi.
lego which could be Withdrawn summarily.
While tho prisoner had an undoubtGd
right TO act rs his own counsel or appear
by his counsel, he could not exercise both
rights simultaneously. Having accepted II
counsel the prisoner had waived his right
to appear us such In person. On con.
sideration OF all the circumstances the
court thought the motion would have 10 be
granted and that the prisoner should be
plaCed In the dock, but he did not mean
the prisoner should be exposed TO any
danger. lie should have the fullest pro.
lection.
IN TitE DOCK lie GOES.
Tic prisoner (spcaking quietly and MS
though he dreaded being plaCed In the
dock, which was filed at the time with
speCtatOrs)-To settle the matter will sit
quietly here. will It not be satisfactory II
1 keep quiet and stay here. II sit in the
dock may be worse.
The Court directed the marshal 10 clear
the dock and place the prisoner there.
During the confusion and noise incident 10
this movement the prisoner exclaimed In
subdued tone, II have no objection to 60
ing 10 the dock II yOur honor says so.
Court simply say 30 in hopes Of keep.
ing you quiet.
Pfisonsr-1 move that tile court room be
cleared. IT. am going into the dock |
want the court room cleared.
The prisoner having been placed In the
dock and quiet having been restored POr-
ter said. ut Ia to be borne In mind that
the chimrra which seems 10 haunt the
prisoner has no foundations lie Is III no