Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1881-12-30
Later

Later
After recess Scoville put the hypo
thetlcal question which embraced the
clause. Suppose the prisoner believed
himself to be a partner with Jesus
Christ"
Judge Porter protested against the
question as olasphemous and 1t would
be disgrace to a court of justice and
to Christian nation to allow it to be
entertained for moment.
ScOville replied that if no allusion
was made to what was claimed by the
prisoner to be his actuating motive or
influence that led 10 his act. then the
whole defence would he wiped away at
single stroke.
Judge Porter proceeded to insist up.
on his view and declared that the time
had come when in the name of the
American people and on behalf of the
Government in the Federal court, he
felt it his duty to demand the prisoner
be remanded to the dock.
Gulteau (spitefully): Oh, you do; you
big mouthed Porter.
The court officials sitting behind the
prisoner attempted to quiet HIM when
he whirled around and snarled at one
of them: We'll, you mind your own
business or I'll slap you IN the mouth,
you fool you.''
Scovilie arose to speak. when Judge
Cox SAID: LET me know first if counsel
desired to be heard on the motion to re-
move the prisoner to the dock"
Judge Davidge then proceeded to
speak. He believed tn: time had come
when every one present was satisfied
the prisoner was perfectly sane in re.
spect of his behavior and amenable to
the same rules as other prisoners. In
the case of Gen. Slckles, who was tried
in this court for murder, the Judge re.
fused to deviate from the rule. although
he was a distinguished lawyer and
member OF Congress at the time, and
he sat in the prisoners dock during his
trial.
Scoville said he would assent to any
proposition which might be deemed
necessary. No one had suffered more
than he had from the prisoners be.
havlor.
Guiteau (interupting). Well, it is
because you are a jackasS in this case.
If had decent counsel shouldn't have
any occasion for remarks. You are do.
ing well enough on your theory, but
your theory is altogether to narrow.
You haven't got brains enough for this
case.
Col. Reed denied the assumption that
prisoners sanity had been established.
No human knowledge could fathom the
workings OF an insane mind, and hu-
manity would dictate, if reasonable
doubt should exist. that leniency he ex-
tended toward him. He thought an
admonition from the court would be
sufficient.
Corkhill insisted upon tho removal Of
the prisoner to the dock and the re-
moval from around him of the special
policemen who were not the regular at
taches of tho court; that he should be
kept IN the dark with no other special
protection than is accorded any other
prisoner.
GUlrEAu, TREMBLING WITH ANGER
or apprehension, shouted out: eYou
want to shoot me do you, Corkhill2 2
You can't convict me, SO you want to
get me shot. You might as well hang
me up outside and tell the mob to
shoot me. l tell you (raising his
voice almost to a shriek) God AL
mighty would curse you sir if l was
put in that dock and shot, you misera-
Die wretch YOU"
Scoville with much feeling protested
against the proposition of the District
Attorney, which could not be under
stood by any one as other than an in
1itation to all who heard it to shoot
he prisoner if the opportunity was af-
orded.
After most impressive argument
~ Judge Porter, in which he repelled
he reflection of counsel for the defense
ipon the District Attorney. Judge Cox
ave his opinion, stating no certain
Measure to silence the prisoner could
,ave been taken that would not have
'bridged the constitutional rights.
it had been deemed. and he
hought rightly that the prisoners be-
lavior and utterances would prove the
'est means of determining his mental
ondition. he ordered the prisoner re.
loved to the dock, which was then
one. |,