The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1881-11-23
The N0RRISTOWN GAZETTE
WEDNESDAY, NOV. ,9s 1881.
oUITRAUS TRIAL.

U u IN u - mai.
The trial of Guiteau commenced
Monday, of last week, before Judge
Walter S! Cox, in the District Su-
preme Court, Washington The
prosecution was represented by Dis
trict attorney Corkhill, Judge Por-
ter, of New York, and Walter d.
Davidge, of Washington; the de
tense by Leigh Robinson, Of Wash
ington, and Mr. Scoville, of Chicago.
Mr.. Robinson asked for a postpone
ment of the case, to enable the de
Tense to secure more counsel. SEQ
vile declared he wanted no contin-
uanee and if assistant counsel was
to rule, he would withdraw. Gui-
teau arose several times and excited
w ordered Robinson to retire from
the case, saying he was no paupeI
and he could engage counsel. He
had to be restrained several times
By marshals and was very loud and
angry The Judge ordered the case
to 90 on but would allow time tC
the defense to present their proof
Gen. Butler, it is understood, will
assist in the defense Guiteau's
conduct is considered as an attempt
to strengthen the insanity dodge,
The examination of witnesses has
commenced, Secretary Blaine being
the first to take the stand. The
trial bids fair to be long and tedious.
Over fifty witnesses have been sum-
moned for the defense alone.
The New York World says OF
Guitcau's trial now pending
His first plea will possibly be that
he is now too insane to be put on
trial together with a plea to the
Jurisdiction. The counsel, however,
may conclude to argue this question
upon a motion in arrest of judgment
after a conviction, and after Guiteau
shall have been placed in jeopardy
and the nice question thereby raised
whether he could be tried a second
time if the first trial by the sole &C
ton ofthe Government shall prove
abortive for want of jurisdiction. If
that plea shall be raised and decided
against Guiteau the impauelling OF
the Jury must begin. This need
not be difficult or tedious task. 1t
would seem, under the very recent
published decisions of the appellate
court of the District of Columbia in
in what is known as the Hirth muir
der case that if a juror, after stating
that he has formed an opinion, is
able to add "but such an opinion
will not prevent me from rendering
a fair and impartial "verdict on the
evidence adduced," such answering
Juror is competent. The third point
ofinterest will be the story of the
shooting as narrated by Secretary
Blaine In the witness box. The de-
tense may possibly attempt to enter
upon that question of malpractice,
but the current of published judicial
authority is strong that the death of
an assaiIed person from a wound in
vital part, even though the death be
eventually produced by NAL prac-
tice. does not qualify the response
bility of the assailant. 1t has been
announced that the question of
hereditary insanity will form an i'm
portant feature of Guiteau's defense.
This was a leading feature of the
trial forty-one years ago of Oxford
for shooting at Queen Victoria.
Then Lord Denman, who was the
Judge, in reference to that part of
the plea which set up the insanity
ofOxford's grandfather and father
land as to which much testimony
had been received), said
4I GAS to the grandfather and father
the point viii arise whether their
conduct, as given in evidence, was
evidence ofiusanity or only of viol-
ence or even cruelty of disposition !;
and the same question attaches to
the prisoner. Upon the whole, the
question will be whether all that
has been proved about the prisoner
at the bar shows that he had a
disease. of the mind as person quite
incapable of distinguishing right
from wrong.
In several subsequent defences of
insanity which have become cele-
brated in this country or in England,
this question ofincapability has been
applied directly to the competency
or incompeteucy Of prisoner to
distinguish between the right or
wrong of the very act in contro-
varsv Whether i'm the end Guiteau
shall be offered as a witness in his
own behalf, or, if offered, whether
he viii be adjudged an admissible
witness, may also constitute interest |
ing questions. Some Judges have !
that it is absurd to hold |
that a prisoner was insane when he |
committed a criminal act and yet to |
offer him to a jury as a narrator of |
the circumstances attending the act |
The occurrences of the trial will no I
doubt be made known daily
the civilized world by
telegraph or cable and will every
where constitute leading topics of
but it is obvious that
Inc revengeful feeling towards Gui-
eau. which found expression in The
attempt of Sergeant Mason, have
subsidized, and Gniteau
is in no danger of VOL
9nce from spectators or of prejudice
IN the part OF the Official partici-
pants in trial.
Tx Attorney General Mac ea0h's
ummer residence at Brookville
arm near Philadelphia, was des-
,.o,,J hv fire. on the 18th Most 0f