New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-12-18
THE GUITEAU TRIAL
A LETTER FROM THE HON. JOHN JAY.

A LETTER FROM THE HON. JOHN JAY.
TO ne EdftOr OF The Tribune.
SIR: Will you allow me to say a word suggested
by the editorial in THE SUNDAY TRIBUNE entitled
The Lesson of the Trial" I Admitting the correct
ness of your view that some features of the trial
and especially the general cOntentment that the
murderer of the President should have fair play
and justice untaInted by vengeance may be re-
garded as American traits although the
principle of fair-play belongs equally to Eng
land-is it quite correct to say, as You DO
when speaking Of Republican Americans" they
have tolerated and winked at utter lack of cere-
mnny of decorum, of even decency, in the conduct
of this trial which would have disgraced the rough
est court of justice our Western Dorderf am
not prepared to believe that the conduct OF the Gu
teau tral-Of which you remark: Judge, counsel
and audience have laughed and fraternzed with
Mr. PrsOncr"-Is viewed with feelings of iudiffer-
ence and liberation, or with other feelings than
those of surprise and displcasure, by any re-
spectacle portion of the American people.
Some persons ignorant OF forgetful of the fact that
the same rule applies in all criminal prosecutions
and has long done SC, both in England and America
may have allowed themselves to be deceived by tho
suggestion that the right OF the prisoner " 10 DO
confronted with the witnesses against him has
enabled him during the trial to disturb with impu-
nifty the order of the Court and has rendered it I'M
possible for the Judge TO maintain the authority and
dignity of the Bench
Had the Judge shown by his conduct conscious
ness of the soemnity Of the occasion and of his high
responsibilities and had he exhibited an earnest and
persistent desire to maintain the decency and good
order the Court, his failure might have been at
tributed simply to ncOmpetency. But II, as yon as
sert he laughed and fratemized with the prisoner II
he permitted without rebuke the most Indecentnter-
Il, h.,k
upon the witnesses for the people, who were sacred
ly entitled to the protection of the Court il he per-
mItted also laughter and applause from persons in
the audience without ordering their arrest for con-
tempt Of court, or even clearing the courtroom Of
cir presence il is difficult to see how the Judge
can escape the charge heavier far than thai of M
compcteucy-thc charge Of judicial friyolity and
indecOrun.
This charge is the more grave for the that
the trial is at which the nations ars
spectators. and which involves more, perhaps,
than any other in our history. the dignity OF
the American Judiciary, and the feelings and honor
of the American people You did not, think mean
to imply that the conduct by the Judge on this trial
Is characteristic of the National Judiciary OF Of he
regard of our countrymen for the administration II
the law for even foreign publicsts recognize tho
high authority Of Courts, and see in the rev.
erence of the American people for the supremacy Of
law and the authority Of their Judiciary th'lr r.
coonitinr of Washington's maxim that THE Jndi-
cary Is the sheet anchor of our liberties Bur 3
there not danger that .he conduct Of Tins tilal, Il
now tolerated may create erroneous imHtrsSl,t
a4Foi EG aPa &e under i p pSr eTss laws
Americans mag be, aS yOu remark, slow 70 ADMIT
that the death of the Chief of he Nation whle ne
in office does count for more than the death o! an
ordinary man, ought 10 receive any slgnat pun
ishmcnt' there IS no reason why we should 10 ser,
in considering the pro reties to be observed at tho
H..
by the high position Of the victim the motlEo
ayowcd for the act the political consequences OF tho
crime. and the injurious impress, ouS however g-
roneous which il has created in foreign lands.
When the death IF Garfield was announced IN
France, Partisan journal referred to the intr2aHc
tion of assassination In our Republic as political
method by which the National policy might %
changed. Another lie ielegdphe treated the triumph
of Guiteau a. in fact the triumph OF tactlon ana
s9id: "C'eSt lc triomphe de, 'Stalwarts' CONNIE 10
prfisat Guitteau. car II fant bien F2youer: "a
potique qui triomphe, cest "a polltlal5s 10
whether he would be hanged, and suggested that Il
he were hanged he might be considered by some
martyr; QUAINT GuitteauN lut meme; r1 ~ 'Jrt
est pendu son parti ne devra-t-il 10 conSd'reT IN
petto CONNIE I'm MARTYR! la loeique le yondGGah'
Ii seems certainly clear that II the murder Oh
President is not a greater crime than she murder ~
a private citizen il Is not a less offence; that th9
assassin of Garfield il invested with no additional
rights on his trial because his4victim was Pre-
ident and that the grief OF the American people ana
the tender sympathy of the whole world AT ths
death of Garfield afford no Justification Tor sur
render, by che Judge presiding at the tnaI ol the
supremacy the dignity and the sOlemnity when Tor
a century has marked the American Judiciary and
for the allowance in their stead ut what You
alphabetically designate as this disgusting Iaice
show az Washington. My impression Is thar
the silence of the people on this matter Is not 10
be regarded rs acqmeScence but rather ss WtL-
ster i'm his speech on Greece, ChartterZed tho
silence of Europe, when he said: Europe Is SILENT
but indignant" The press has already uttered re;
peated protests and ii may be that when The tti1l
OF Cuiteau is ended public opinion will demand tho
impeachment of the Judge for judicial lncompe-
tency and indecorum. This would afford to that
Justice fair opportunity 10 defend his conduct 10
far a, it may be defensble, and 20 the Court above
the opportunity to destroy the force CT pIeceHehS
SO vicious, dangerous and humliatlng. and OF VIA
dIcatng the odoD claim of the Judiciary to the coH-
tidence aud reverence Of the people am. sir yours
respectfully, JOHN JAi'
Netr- York, Dec. -, 1881.