New-York tribune., 1881-12-29


single day has passed without being o
by aspersiOns the part OF the pris"hs' IN ii o
the majesty OF the law in conemp; OF INC ii m
this Court and imposing obstacles TO the adi''''''o"
Of justice.
Mr. Davidge tcontinunC)-Wc have undrFsio%na 200 I'll I'll
the beginning that your HONOR not oni{ de-li1i 10
In this prisoner the full measure O ms C"hr.It"''"
rights that you wished tarthGrmaTr no. T,,n u.
appear TO impugo on those rghtS we NV m tj.,r
that not only those rights % be res 3'c " ,r,
integrity bit that any error on The part Of ~, Ioa
should be an error in The direction Of mercy IN respect
Tic prisoner-Thatis is correct
PATIENCE EXHAUSTED AT LAST
Mr.. Davidge-lf not acquiescing in by at least
respecting views Of that sort-ior We INV
not fully subscribed to the lhea tn"'
those constitutional rights may not he lost by
the conduct OF the prisoner at the blrwe have aoWeu
dav after day 10 PASS without making any ppiCation
for judicial coercion. The prisoner has NM %
theory Of this case is thai % pres'n .9 ~ nan
Is called transitorY insanity -thal lhtTc Wh7 10
ticular segment Of time during which he was drIyed ~
reason hut within an hour after the crime recovered
that reason ard has had n from that iit 10 ic 9't
Your Honor, in addition to the confederation N.Y. c
fcrred to- has doubtless been strongly controlled ~ to
consideration that here was man on I'd IU' N''
whose sanity OF the issues involved III ,it f'
simply assert that, st this sta'e o me IIt % nu
body question te fact tgat ne IL sthe III 49,
that YOUR Honor cannot deny tha man 40, ~ t Sl'
il here his counsel i7 ~ E'SL 70 DC ''o'''' "
sane a. to dcccucy ia conduct and behavior - ~,
The prisoner cxcitedlyJ-I am decent 1t Is yonr s1'
Sir BIyidgc Icontinung]-Now want to cali your
HOnur5 attention 80 the motion made D. lr. uitel -,
Saturday That motion to remand TINS prisoner 10
The prisoner 5yiocnyj-I am here az my own counsel
and the Court has no discretion.
Mr. Doydrc"Yair Honor and myself have tried many
in this court where men were u9otr & ~,
The old practice was that man INFLICTED for crime
should always BE- in the dock matters VINO or what ne
should be. We know that perfectly Wei ana we hi"T
the rclaXston has been for the benent ol ooS'
and for the benefit Of the prisoner We saw y%-.I
day the -a,Uary effect u this motion on tne par I ~
Porter We experienced then Tor the hr't ''' u"' VI
quiet and order ., .,...,
Tne prisoner dnterruptns)-Becau'e was not abused
Mr. Daydcc mot needing the interruption)-,A1 con
traStod with the disorder and blackeuirIlSm OF orr
days. That the experience Oi your Honor hIt-aiu
TO the making OF that motion 1t seems 10 ne. thet1
fore, that the has come for the Court 10 hct II
that not To act Il 1" encoufaS IN lho .ut
what has occurred in the past and henco ASK tnd your
Honor will take up and decide the motion submitted on
The prisoner-I am quiet when treated deoently,
in wGcr the persecution have conducted Themselves II
they had conducted themselves as Mentioned lawyers
caused BY CorkhiIl aud Porter.
air. Reed do not know what the practice has been
In this court 10 the place the accused man SHOULD o.
NJ Dayifce-I will state to YOU "a a fact known to
all old practitioners that the place of the criminal Is III
the dock. General Sichlrr sat IN the dncS ana lhe
Court refused to relax me fuc Nv Ts
a lawyer in good standing, aud NJ that unc iltlOer
a. ,d ng 80 % U d thst ogr intention was not
To press the except IN tie event OF some exrr,
sion on the part Of the prisoner requiring ID our Juu7
The pri,oncr-Whst you want is more sense.
Mr. DavigLiiis Gn'IISr3n-, IL 2rIoh' rs ,a nece ~
siy for calling Tor Judicial decision ON thi~ motion
The prsoncr-I quct enough when treated rS'iiIg'
but not when ah abused No decent thah Wou.' ~ pu
sckcs did not appear own his cOunseanu thAl Il lho
difference between slchics and me. ,..
Mr. Reed proceeded Ia argue that under houcrH PIhS
ticc ty,ryEDer the prisoner allowed 10 cit beside
his counsel aud insiauced that such was the case III
New-l lori. where Mr.. Porter pfhci!sed ,,
Mr. Porter mi-uulcrstood tie remark aud eAciaiAed
.. .NctAer auI t." retortcd The prisoner.
Mr.. Eccd tHrH repeated tie r'marh "h"r'lpon MT,
Porter apoo-zed for Lis interruption. stating tmt 1t
occurred through dric,uyr hearing.
Through s,uiiujy' uroAeiu tIc prisoner. contempt
uously.
TIIF ASSASSIN ANNOYING MS COUNSEL.
Mr. Reed the United States Court at Chicago
have never seen such practice re.ored to- have never
tcrr /. i'm the -!l,c Courts iu Illinois n Nc"-N0rk
state Nh -co,i.c and m, SELF would DC very riad II
some mean. could %, provided hy which accused man
could De- kept quiet. n di-,Oaccr- US have rudra'-
1rcd to- pcrsuld, him thot Dc was doing himself au
injury; Ihlye br.u unable o. r- The desired par
pose. W,u.I suggest that lr otmou!iiou from your
Honor would N, sufficient accomplish the purpose
what M Dayi-r saysthst % is rsirufhcd to every
in hc COURTROOM / deny; Nat DO n"t believe i- satis-
ncgry proved toeVcr body " thcr"is ialr Fra-onn-
bI. doubt a. t0 ai- SANITY. submit That humanity calls
aloud 10 have him treated lgv. FOR uo mn1 knows 'hc
cicc ol disease Of thr brain \" man ko"7. only m
sciu.dbC Wisdom lI"u on L.-H tl""' H'l ,- W. l"
mind and what operates t''r. Your iiu'"f i"- h'.n
very kind and patient and intelligent, aud hr- been sub
ouglfcu.d pusrIty alI t.n patient judgment OF p.--
/
Noiirs would -fH'i'r a. moro thh thi' son; '' ans
han. Do, not Eu,uI -I"1i D., hd"'.'i 10 L''p 'Ir
| doIt
Tac rri-o1rr-Tt can bee done. becauscI viii do any.
iiUn not ~ abuse me any more, They have du- up my
record tu' " - enough 81" rN'i'Hlc n' man, ,r'td
saint. 81 pp--SID relevancy To ih- I-.Ic what
ever; and D, IA "Ga-, ou Mc. the court the jury
! and the American people. That - my opinion about
! Mr scovilr thought tbl' this was not motion That
called for ary di,pI,v 81 feeling or for sensational
Hi fTfru r e.. lac
cue suut Dee and de tu III still and a. hoped
;c Court would ndo9t treating tine Iusu
.Itbrr a. U, or iu4ur-i in compel hru To brIlyr uirl-
ser Aobody was more annoyed Ct" these interruptions
Tie prisoner ceycltedlyl That il because you are
ilcio-- This twothird, OF the tmc. If had a
NJ. eco,illc stated further that The defence WIS at
serious disadvantage Ou account OF those interruptions
interruptions Whch hr ""id nave never submitted 10
| except Tor h.- ucicf "a tnc INA - insanity.
Ihc pIiaon,r-I never intended that YOU sh0uid have
anything 10 90 WIN 'H7 c"-" IT had ir-t'aa' Law
yer oIld have fcr' qmci; oui coaid no, nave nay
your Theory; bat your theory is 'oo small your brain Is
too lmltad
frgl i ol uEy 10 demand this Cour, prompt, decisive
ana open ac,ion ii, I'faIr to i,is criminal
Tho prisoner ''si,mnlIj- - am no criminal
throw uui ths. "pr,.duoH--ir,t form oi reproach.
YoI men ,I-. luG. rat.H4 iI.. ! ava here iuy own
counsel. / have not been convicted any offence. /
Sir Da,ld-c-Ne t4nk him most ertraordnury
H., urisonrr-y.orc than you can manage, evidently
Tha IS the rcson you excited about H. You s,e you
| have
TIE TrT COME TOR ACTION.
Tic Di-trictAttoruey The time has come Tor action
in In, interest and for the yindcaton OF Justice itself
There has been PIbic criticism with ,ard to the
disgrucefu conduct OF the man here trial. because
his conduct afoni 10 the dignity Of the Court
offensive 10 good order and against deccucy. Your
Honor has borne with 10 very quietly, and mere now
| t. say. tIAA y,Ty iGdiciOdsly.
Tine prisoner 50 30 !.
Inc District fUrncyAt the opening OF thiS trial We
were with but ISSUE 10 wnctuer man was
SANE insane There nave been brought here by the
Government The most eminent thclI profession,
for 10 other purpose than honestly determine whether
the IN ns right mind or not. One Of the points