New-York tribune., 1881-09-13

be in a grimly facetious vein, and treated his
hanging, burning or disembowelling as rare Joke.
1t is not unlikely that Mason's mind may have
become affected by this very questionable litera-
ture, and that he may have grown to believe it to
be his personal mission to rid the world of the
would-be assassin At all events his talk since the
shooting tends to strengthen that view.
1t is also stated apparently on good authority,
that Mason has been suffering from malaral fever,
and has taken large quantities of qunnc and it is
thought his mind may have been affected by the
excessive use of this drug.
Ihat it was the deed of desperate man, with q
resolution but half formed is shown tho careless
and unmcthodical manner in which the shot was
fired He did not Guiteau at all, but fired az
tho spot where he thought his victim might be
standing. There is good deal of apathy in regard
to the whole transaction, and there does not seem
to be much likelihood that Mason will be brought
to trial at all, either before civil a military
tribunal. Guitcau meantime will be removed to Il
new cell. the location of which will be kept pro-
found secret even from the guards.
Jonathan G. Bgclow, q lawyer of this citv, called
upon the District-Attorney this afternoon, claim
ing To have been selected by Mason his counsel,
and asked the District-Attorney to claim the
prisoner from the military authorities, as it was
Mason's wish TO be tried IN civil court. Colonel
CorlShill declined to do this at present, and the
lawyer expressed his intention to swear out q war
rant himself Tor MaSOnS arrest. Mr.. BlgeloW says
that in his opinion the prisoner is insane on this
| subject He further states that when the news of
Gutcau's crime frs reached Mason he serving
in Texas, and at that time expressed his intention
of killing HIM.
Mason is said to have served crcditably in tho
late war; If the matter is taken up by the civil
authorities the first proceedings will be before the
police court under charge of assault and battery
with intent TO kill. The extreme penalty for the
offence is eight years imprisonment ut hard labor
In the event of conviction by civil tribunal
Mason will be promptly dismissed from the army.
II tired oV court martial the charge will probably
be dsobedience of orders.
One of the results OF the removal of the Prcsi-
dent from this city to Long Branch would seem to
be complication of the legal question involved in
settling the degree of Guiteau's crmnality in case
OF the death OF the former. some of the lawyers of
the question. and many CITED where he
mortal stroke having been given in county or
state and death having ensucd i'll another county
or State, the courts of neither county State
had jurisdiction. One of these decisions rela tcs
70 where Linton made an assault IN
Virginia but his victim did not uie until he had
been removed to Ohio. In Mississippi case, the
State W.. StOughton the death occurred in another
county simply. In New-Jersey case, the State
Carter, the mortal stroke was given in New York
while the death cnsucd in New-Jersey. The com
mon law under which all these decisions were had
Is the law which prevails i'll the District to-day; and
III 'sUitcau's case, to make his case punishable
with death or even imprisonment if the President
dies away from Washington.