New-York tribune., 1881-12-25
Mr.. POrter-The Court.
The nrisoner-SO / thought.


| Mr. Porter-The criminal thinks that he IS.
! The prisoner (exctedlyl-I no criminal. am no
more OF a criminal than you, Mr.. Porter. am more
| thought of on the outside than you are The English
papers saying that am bigger man imam ou IOf
Mr. Porter-I suggest, If these interruptions con-
The prisoner ldehantlv and derisIvely)-From the
dock, hey The dock! Try 1t on; ., ..-.., -
The COurtTAat is question which has suggested II
The District.Attorney-It think II is proper sugges
tion and one which we shall insist upou these inter
ruptons are carried on There Is limit 70 on tAESn.
and II this abuse and these interruptions Of tie regular
proceedings Of the 10 be allowed any tuT1her
by this man. who knows what he is doing he must make
INTERRUPTIONS fro the dock where criminals belong and
thai authority is within the control of yonr Honor
The prisoner-It il purely matter OF discretion ap-
pear my counsel and have as much lght 20 ne
heard you. The prosecution 10 he very anXous
this morning about this II does seem be pretty
The next witness vas Dr. JamH stToGg suP%ernttsnd Per ntse
ent OF the Insane Asynm at -evean Oilo. nc sInJ ~
that the average number Of patients at th9i ay um Is
62j and that lie has treated, in AL over 2U01 insane
persons. His definition Of insanity was mental disturb
ance from disease lie made personal a ~ ~
the prisoner In the jail, and had observed MN SIu't IN
the Jail the witness had found the Dodiy con
ditOH OF the prisoner good, becaisc, hs rue i'aHiy
is usually associated with the condition OF Doily hea
the pIisOner dnterrupuugl-I VIII save yOl trouble,
Doctor am IN excellent heaii D. ana am h0t sSaLr'
Tine witness tsarcastlralyl yl-Nes agree WIN you III
The nr.onerIf YOU tell the Jury whether my free
agency destroyed on the "a Of jay, D0sIor, you
judge Cox to the prisone-)-That il enough. Keep
The prisoner-Thcre great lot of rubbish getting
Af,rr tbc witness hrl resumed his statement, the
prisoner again interrupted him. saying, " In other
employs fools 10 10 His work lie employs The best
brains ana lie takes Of the man. too ana VIII take
Mr.P0rter-Thcse Interruptions by the prisoner are
equally annoying 10 the Court and the jury ana lhss
tnat the rule must be enforced "h'h the pilsoi~
speaks he must speak from the DOCK 49,, .,,...,u,,
The prsoner-lou are very much gXeileI & ms Is n"ih %
ing judge Porter have just as good rgh 10 SPEAK
your motion to the Court There IS no necessity Tor your
making speech
you. Mr. scovlle has undertaken to insult eminent gen
uemen in the witness box.
think hat Mr ScOville has done so
Mr. Porter-I want To give admonItion TO the prs
him, viii insist on his being placed in the dock
The prsoncrDO il nov and have he matter decided
come here my counsel and in the name of the
American people.
A MOTION 10 PLACE THE PRISoSER IL THE DOCK
Mr. Porter-I ask that, the due administration
Of Justice the criminal be placed in the dock.
The prsouerAs matter OF law the Court csnnot do
IT, am no criminal. stand better than you in the
Mr. Porter-This man has sworn that he shot the
President lie has declared i'm open court that he Is per
fccty sancthat ne recovered his SANITY Within an ho
The prsoner-Yes Just as soon as got my inspira
ton of the insane spirit lett me.
NJ scoyiIe-T woald like to know what Mr.. Porter
MIR Porter- apply to the Court direct the marshal
TO remove the prisoner the dock. What viii do after
that viii depend on the continuance of these lhteFiup
Judge Cox-That is a matter which have under con,
sidcraton give IN aimontion TO the prisoner but
do not want 20 act hastily N the matter $780,,
Tue prisoner-I VIII do whatever your Honor pleascs
aln entirely under the direction OF tine COur,.
Mr.. scoville-Let Mr.. Porter make bis little motion
We do not oppose il.
The DiI.rictAtt0rney-Thi is not little motion al
all. We have sat here under calumnJ aad insult anu
The prisoner dnterruptingl-I told you the truth
Corkmli ana cver mSln'.T OF Iao par p ~, %
peoule know it, [Hi,ses FROM some Of the audierce,
which were reprovcd by the Courtl
The District AttUrney-Thc docs is where this man
belongs have no objection. to MS SpehAUs ron ne
attempts interrupt the proceedings the marshal VIII
Thc prsgner-I do not come here as an ordinary prs
Keep silence" said Judge Cox and the prisoner
obeyed, rcmlrking tnat be would do what his Honor
Then the witness proceeded with his narration Of the
results Of his examination OF the prisoner Ihc prisoner
he eaid thought quickly AMI consccl' ely lie showed
which struck the witness Win tht. Eiear"st
force was the rriHonors power o, attention. Inls |
cannot ii his attention on a given subject without eI
crcsinc his viii powcra lie could fix his an ien,ioA on
given subject and then turn il 10 another subject ana
5lt i!npi- brain power. 81 the witness tlorou,h
Is convinced that the prisoners mental ortaHizttion
was thoroughly intact and that all his mental processes
Worhed smoothly ajlu n III ~ ~ - % III ~
such condition he looked upon entirely incompat
] DIC " ~ a:!ltit, o'ght "a Wei u. c0rrcucy JHs
power Of order and command, The power 60 check |
a movement the power 70 force retreat were /
Mental orcaI,., was sound and healthy Ills power Of
discrimination had impressed N: witness during MS /
observations in court Tie prisoner showed Keen |
memory and discrimination
The two hypothetical questions prepared on The part |
Of the prosecution were submitted 10 Ihr witness and
the reply to both OF them was that IA Dis opinion, tAo
Then thc hypothetical question prepared on the part
tie defcncy put 10 the witness, WHO for long
time declined give direct answer 10 H. on tine ground
that. from his kEOwicdsc and observation, he !
could no. tie correctness oi the ;ac, therein
We olec,d 70 by Yr Reed aud were ordered 20 be
expuny yed from the record The question tl"n asked
him whether assuming the facts a' stated IN me hFp0
opinion whether tbc prisoner was sane or insane
The Disrict-At urEey protested against the form Of
the question: and sad that when the professional ntCS
iitg 0f q man refused 20 throw into thc uryboN The
weight OF his character for the nisrep cscntaion Of this
cGsc attacked he hoped that tAe Court would pro-
tcct him lie knew that the country would sustain the
Nr Reed replied Garcastcallyj that this was the FIRST
time Ec mad ever heard that thcr" was any more '1nrin
eaton in the character Of an expert witness than IN the
character Of any Otlcr witness II for the witness
(not the DstTlctAttorcyl To say whether De could
answer the question. II he said he could not answer 1t
then he iaig ut stand aside.
Mr Porcr-The witness has not said that lie cannot
Mr. % Reed iatcrraptngj-Mr. cor2hin says he has
said So
Mr. Porter TO Mr. Reed)-one moment, sir. Wait till
MORE INSULTS By THE PRISONER.
The prisoner dnsutingly)-You are big man this
morning, Judge Yoa have mouth like an old catfish.
Nj Porter (rcsumine-The witness has not SAID tAat
he cannot the question. lie has said that hc
caunO Yes or No without an explanation. The
counsel refuses him the right TO answer unless he an
swers Yes no. would like to know by what au-
tho.ty this gentleman ,Mr Reed assumes to dictate TO
the witness fase hj pOtae3 presented To Wit
who knows II to be false and the witness declines
pu himself In tne position OF assuming iacis when nc
20 br false Under those circumstances u" j. per
mtcd that ne cannot conceive the prisoner 10
be IL the condition ~ represented Ia the queN ign
TIE prisoner 0uteTrupungj-NOu Nil get $4,000 Tor
that speech You are working for $1,000 Zee, and that
is the reason you cannot 80. IL.
Judge Cox 80 Mr.. POrtcr-Ncyerthcess, counsel for
the defence right to put to expert the hy |
pOthcsis OF a which he Will undertake to dcm1n
sIatc 20 tine Jury being supported by evidence. lie
can pat thai case, aut the witness whether he
answer 10 ayes" NO" Ifthe witness says he cannot
ans wcr l.. tic witness can thcn give his reasons
Mr.. Rlc1-Tuat is al want
-uLth.r L h.IMnen Mr. Emrier aud Mr. kncl |