Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-09

is
coming session will be devoted to thus investi-
cation. A member, talking this morning,
said they proposed to make the investigation
thorough and sweeping, no matter whom it
strikes. He said the committee will insist
upon having the testimony tiken by the treas
ury committee, and that ex Custodian of the
Treasury Pitney will be called as one of the
witnesses; that Assistant Secretary Upton,
Chief Clerk Power, and all treasury officials
who are supposed to have any kuo Wedge If
the expenditure of the contingent fund, will
be called, and that the country will be satisfied
with the thoroughuess OF the investigation.
THE GUITEAU TRIAL.
In the criminal court this morning Scoville,
counsel for Guiteau, called the attention of
Judge Cox to the motion made in the case
few days ago by his associate, Robinson.
Judge Cox said the mott on referred in the
first place to the pOstponement of the trial.
While he was exceedingly anxious to accom-
modate the convenience of counsel, he did not
see how he could postpone without the con-
cent of counsel of both sides. In regard to
the other part of the motion, to direct the d s.
trict attorney to oliver to counsel for de-
tense certain papers, he said that in consul
tation yesterday with the district attor-
ney and Robinson, the district attor-
ney offered to furnish any papers
he had for the IN pection of counsel. He
didn't see 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 diff
Guilty.
ScOville remarked that the matter had hard
ly been presented the other day exactly in the
view which he had of it. There were three
classes of papers in the possession of the
district attorney, and he considered it very i'm
portant that counsel for the defense should
have not merely the inspection of the papers
In presence or under supervision of the dis
trict attorney, but should have the papers for
consultation among themselves and with the
prisoner. There could be no difficulty about
The custody of the papers, because a receipt
could be given for them and their contents
could be ascertained and noted. In
the first place there were certain
clippings from newspapers which had
been gathered up by the prisoner,
reason why counsel for the prisoner wanted
them and why they were en- titled to them, was
that these clippings were evidence for the de-
Tense, as to the influences that were brought
to bearion the prisoners mind, and of the mo-
tives which operated on him, finally, in CON-
hitting the deed. Ordinarily. Of course,
an application for things of this char
acter in possession of the district attorney
might not be proper, but in this case the de :
Tense consisted of the claim of insanity, and it
was very important for counsel to ascertain
and to be able to produce in evidence the in
1uences which operated on his mind for six
weeks before the shooting. Let him suppose,
for example, certain letters had been written
o the prisoner during that time by accom-
pl!ces, inst eating. him to act, understanding
his mental condition, would it be claimed that
the counsel for the prisoner were not
entitled 10 their possession in order
to show the influences that were brought to
bear on the prisoner. and how they operated
on his mind? Instead of there being such
letters addressed to the prisoner in person,
they were, as he understood, certain printed
documents or printed letters addressed TO him
N common with all people of the United
States. Council for the defense were entitled
to an inspection and examination of these pa
pers, to see how far they influenced the pris-
oner's action and how far they were proper to
be produced in evidence as part of the de-
tense.
There was also printed book, the property
of the prisoner, which had been taken from
him. During the six weeks before the act
was committed, Guiteau was, as he I'M
derstood, engaged in making annotations in
that book all along the margin, making alter
ations to it in the margin. These things
we're important, as indicating the condition
Of the prisoners mind. He was thinking
of the bearing upon the question of mental
soundness and legal responsibility. Counsel
for the defense were entitled to have these pa
pers before the trial. They were not b ,und tn
look to the grace of the district attorney and
obtain this evidence. They were entitled 10 it
themselves, to examine it, and to canvass it
in all its bearings, SO as to see
whether it was proper thing
to produce in evidence. They now believed
it was within the last three weeks that the
prisoner had prepared in Jail communication
hi oh hod do nd h.,xya c1al s.,
in an envelope with note 10 himself (Sco-
WILEY The warden brought it to his room,
but not finding him, he had left it with
the district attorney. That letter and
communicative he had been unable to get.
he had applied to the district attorney repeat
eddy for them, but had not been able to get
them. He now submitted the natter to the
favor, but he held that he was entitlej to
those papers without any question.
Judge Cox said that in regard
to those papers he shonld say that counsel for |
the prisoner were entitled to them, but in the |
absence of the district attorney, he could not |
make any order. AS to the book referred to, |
the district attorney yesterday told Robinson |
that he would give him a copy of it,
Scoville "A copy is not sufficient.
Judge Cox-I do not see that 1 have any
power to order the district at |
torney to deliver any letter that |
he holds, and which he may desire to use |
as evidence. 1 believe he is wiling to give an |
opportunity to examine everything he has. I |
do not think my order Will be necessary. |
However, will consult the district attorney as |
soon as he comes into court, and probably the |
matter can be accommodated without any |
formal order.
Afterward District Attorney Corkhill came |
into court and said the papers demanded by |
counsel for the defendant being evidence, he |
would not concede the right of any person to |
them. He had never received any commune
cation of any kind addressed to Scoville, and |
had nothing of the kind in his possession re-
latiDg to the matter.
STAR ROUTE ARGUMENT.
Argument in the star route cases was then |
resumed. Brewster, of Pennsylvania, addressed |
The court at length, in support of letting
The information stand, making close legal |
He made the same point made by |
Bliss, that while it were more desirable toprO-
coed by an indictment found by a grand jury,
The necessity of the case rendered the filing of |