New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-06
THE TRIAL OF GUITEAU.
A REMARKABLE SCENE IN THE CABINE

A REMARKABLE SCENE IN THE CABINET.
TUE PRESIDENT AND THE ATToRNEY-GENERAL
DIFFER IN OPINION AS TO THE DUTY OF THE
LATrER-wHAT is SAID TO HAVE TAKEN PLACE
AT TIE LAST CABINET MEETING.
WASHINGTON, Nov. 5.-The Star of to-day
publishes the following: very important meet
ing of the Cabinet was held in President ArthuTs
parlor directly after his return from Yorktown 1t
was of unusual length, and the secrecy maintained
by the members and the ominous looks which fol-
lowed all questions relating to the subjects dis
cussed, occasioned q good deal of comment at the
time particularly among the correspondents of
newspapers. Putting this and that together, and
taking one consideration with another" The Star
is enabled to present a toeraby accurate history OF
the meeting.
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 Guitcau; that from
facts which had come to his knowledge he believed
the Government 10 be entirely unprepared for the
case. tHe added, with good deal Of emphasis
and accompanying his words with a clenched fist
that came down with some force on the table, that
he would consider prominently disgraceu to the
Government it, in the Guteau case as in tho Star
Route cases, the Government should confess itself
unprepared to go on and be compelled to ask
continuance.
Attorney-General Macveagh was present and
gave no sign.
The President noticing Mr.. MacVeaghs silence,
put the question to him directly to the prepara-
ton of the Government to proceed IN the Guiteau
case.
The Attorney General replied that he did not con-
slider it any part of his business to give attention to
criminal prosecutions.
The President replied that this was a great State
trial. and that the whole country looked to Mr.. Mac
veagh to see that it was conducted properly and
efficiently.
Mr.. Macveagh said that there was no law or GUS
tom for the Attorney-General to appear in criminal
trials and said he had been told so by Judge Jere-
miah Black.
The President then quickly and somewhat angrily
asked Mr.. MacVcagh how it had been in the Aaron
Burr trial.
"Oh, but that was a trial for treason" Mr.. Mac
Veagh replied.
"Yes" said the President, "and this is a trial for
numbering the Chief Magistrate of the Nation and
to my mind it is the positive duty of the Attorney
General to take charge of the case"
Mr. MacYeagh 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
it his duty to do so, and he referred Mr.. MacVeagh
to the particular section of the law.
By this time there was a good deal of excitement
around the Cabinet table The lawyers of the Cabi-
net being appealed TO- they all agreed with the Presi-
dent. As Mr. Macveagh maintained disposition that
it was below the dignity of the AttoneyGeneral 10
appear in a criminal case the President then asked
him If he had done anything to obtain counsel to
assist District-Attorney Corkhil in the prosecution
of Guiteau.
Mr.. MacVeagh SAID he had not that that was a
duty which belonged to the District-Attorney him
self If 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 very ignorant OF
the law for according to his reading of the United
States statutes it was made the express duty of the
AttorneyGenera to engage assistant counsel in any
case where, in his Judgment the interests of the
Government required it. Mr. MacVeagh said that
he took different view nd.o,t of his bSn6g dgtgy
to take any part in the trial of Gnlteau or TO pro,
cure additional counsel for that purpose. he said
that in the Star Route eases Colonel C0Gknlli hau
sut,gpstrd desire for the employment OF 1lr. VIII
lam A. Cook as additional counsel and Mr.. Mac,
Vcngh said he had nothing to do with 1t, and
Colonel Corkhill could do as he pleased In the mat
ter ,...., A.. a..
Government should have able counsel, and he
would himself direct, if Nlr; MacNeagh DECLINED TO
do SO that Judge John X. Porter, of New-iork, and
Waller Davdge, of Washington, be employed as
additional counsel in the prosecution OF GGlteau
MIR. MaeVeagh then said that, II the IIesuGnt
desired it TO be done, he would employ the gentle
men named. 80, ,. -
,hnt tLr Aftorncy-C Generals knowledge of the law
ronld be greatly improved by reading the statutes
Of tbe limited States which define the duties Of his