Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-19

! the same subject as those to which the general
statutes OF the United states referred" to wit
lating to procuring witnesses for defendant in n
criminal proceeding. 1t should be, "thererOrr.
ruled that the territorial IDstrictl enactment
regulating the practice and proceedings Of terri
toral [District courts not displaced or super
| Saded by general statutes upon the same suOjesi
In IN 1ne 70 eass 1 m
to there was In each instance similar statute to
mat OF February q, 1871. relating to the District
The attention OF your honor has thus been called
10 the points OF law ON the application OF the de-
statute in his favor His counsel believes proper
construction, saving and giving full effect to all
the acts OK Congress, will enable your honor TO
may have summoned like number Of witnesses
as are arrayed against him on behalf OF the prose-
| cutiOn.
The court is assured that the order asked will
only De ava1led of so far as may be necessary to
Ialr TRIAL Having failed to obtain the services OF
! counsel VINO have been asked to undertake the de-
fence, and the responsibility devoiving entirely
upon myself at last OF indicating what the defence
| Honor that shall summon no witnesses except on
| the question OF insanity. The question OF NAL
practice has only been held in abeyance, SO that
| !eadlng counsel who might come in need not be
hampered in organizing a defence according to
their own views 1t is now abandoned, SO far as
nave any connection with the case
| Respectfully submitted,
| -. GEO. SCovILLE, Dert's Atty.
| WASHINGTON. DC, october 49, 1881.
AN APPEAL FOR EVIDENCE.
! Mr.. Scoville to-day prepared the following which
he handed to representative of The EVENING
STAR:
~ TO ne Puo.ic:-The trial of Guiteau is fixed for
| November 7th. The short time allowed makes
thlS appeal to the public necessary. VIII the press
kindly copy it? He attempted TO lecture on relig-
ious subjects through several northern states It
ton who can, If they will, furnish evidence Of his
| insanity. Win they not do so in the interests OF
patriotism, justice, humanity and mercy? Patriot
ISM, because II he Is hung as man it will be
an eternal blot on our history. Justice so that it
may not be said hereafter that he being denied of
Heaven the guidance of reason was put to death
| contrary to all law, human and divine Humanity
and mercy, that should prompt the laying aside OF
passion and dealing with this case in Christian
| cnarlty III any person knows OF facts bearing on
| this question will he not furnish ne the infOrma-
ton? No one will be called to testify unless it
seems 70 be important to a just defence and fair
| trial. Please communicate at once with George
i ScoVllle, Washington, ID. c.
| GuITEAU MUST APPEAR IN COURT.
There are some expressions OF opinion among the
learned in the law to the effect that it will not be
necessary for Guteau to appear in court during the
| argument on the question of Jurisdiction. which
argument is to commence on the 30th inst. peremp-
torlly. STAR reporter approached Judge Cox
said that every step taken in the consideration of
| Gu!teaus case will have to be taken in his pres
enca, and that he will have to be i'm court during
| argument on the question OF jurisdiction.
WHY GEN. BUTLER CANNOT TAKE THE CASE-HIS
LETTER TO MR.. SCOvILLE.
Mr.. Scovile has received the following from Gen.
Benjamin F. Butler, dated at Boston, October 18th:
81 have the honor to acknowledge the recent of
your letter of the 10th instant which did not come
to my hands until after had made answer to a
newspaper correspondent about the case of Guteau
to for the seSIs sRe aPRai on yS4p G
save the American people the disgrace OF historic
record that sane citizen of the Republic would
aSSlsSnate The President to accept the defense OF
Guteau. VIII you not act ii assigned as counsel by
the court?" have waited before answered your
letter to see what time would be assigned for the
CTlal Dy the court, to ascertain il
iess:onal les engagements would permit me even to
ehttlt1in h,n5 y"ur request see by the Newspapers
emptorily set for November proximo II the trial
was set for a time when could possibly devote
your application before refused it. hold it to be
part OF the chtvalry Of my profession that no
ought without good cas to refuse e to slnd feS
a man whose life is in niger before a court of
Justice. whether his personal belief might b. that
the accused was innocent or Guilty; and OF course
the amount or compensation in the ought not
to become makeweight IN the question. The
Ltberty,"in face of popular prejudice, defending
the Kings officers for shooting down the citizens
OF OBJ Boston, in King street now Site street, has
Deen the rule OF my professional life, and ought to
be the guide OF every lawyer. The considerations
which move me in declining this trial are tlat it
hour from now to the day OF trial should be given
by counsel to the preparation OF the questions OF
law and fact, in order that his action might not be
snare to the accused instead OF defense. My
professional engagements, which make my time
ana services for the next ninety days, at least. the
property OF my clients who have placed their inter-
ests in my hands, causes my duty as lawyer to be-
first OF all, to serve them. During most of that
time shall be actually In court If life and health
are spared. This view of my duty as a lawyer and
advocate prohibits my yielding to your applica-
tion and giving you favorable reply. Trusting
that you Will appreciate as fully as they weigh
upon me the necessities which forbid any different
answer to your note, am, very truly yours, &C."
LETTER FROM DIR. HAMMOND.
Mr. Scovlle has received the following letter:
SkNp
"DedT Sir:-In answer to your letter OF the 18th
inst. regret being Obliged to state that under no
with the case of your CLIENT either as adviser or
expert Ny opinion relative to the surgical treat
ment of the President does in the least lessen
my sense OF Guiteau'S crimfnality.
Yours sincerely, WILLIAM A. HAMMOND"
WHERE GUITEAu GOT TIE MONEY TO BUY THE
PISTOL.
1t has been ascertained when and where Guteau
obtained the money with which he subsequently
purchased the pistol. The man who loaned Gui-
teau the money is well known citizen, Mr. George
T. Maynard, formerly manager OF National Cap
14is G street northwest who says:MIast st March
Guiteau called in my Office and recognized him
as an Old acquaintance whom had known twenty
years ago when a boy in Michigan. He said he
was hard pressed for money. was about to be
turned out Of his boarding house and would like |
for me to give him $40, which he would return as
soon as he received remittance which he was ex-
pecting daily. Having known him years ago and
heard OF his beating boarding houses and jumping
from trains while going good speed in order to
evade creditors placed no confidence in his pro-
misses to pay, but gave him the money. did not
see him again until some time in June, when he
made another visit to my Office, and said that he
had received the remittance, but had to pay his
board with 1t, and was now in the very deepest
distress. Guiteau looked Seedy and hungry and /
told him would let him have the s15 which was
the amount he requested. He said he would give
me his note for the money, and l let him have it,
believing that this would be the cheapest way to
get rid OF him, and also that he was on the point
OF starvation. What use he made OF the money I
DO not know. He gave me due bill for the money |
Shortly afterward the President was shot by Gut
teau.
THE PLEA OF MALPRACTICE ABANDONED.
Mr.. Scoville says he will not ask the court to
compel the attendance OF either Mr.. Sims or DR..
Hammond, OF New York. He would not have |
written to them upon the subject had he not seen
in the papers that they had criticized the sur |
gical treatment Of the President according to |
the printed report which you see here, said Mr. !
ScOville, cdr Sims, at a meeting held by the New |
York Academy OF Medicine, is reported as saying |
that when the news reached him at Paris he was
under the impression that the bullet had pierced |
the abdominal cavity. II such had been the case |
and the President had recovered from the shock, |
then he would have cut boldly into the perltOneal
cavity have cleaned 1t out and by sutIring the |
iDteStines given the patient every chance 70 get /
well Shall we stand idly by and see any man die,