National Republican. (Washington City (D.C.)) 1872-1888, 1881-10-15
GUITEAU In COURT.
fnmitnued from Er,t Paae.l

proper from any place the same as for the
Government the costs to be paid by the Govern
ment the same MS In the case Of the Government
witnesses. There certainly is a provision in the
statute to that effect, and so far as have been
able TO ascertain II has never been repealed or
modified and is now the law OF this District That
u found In the Revised Statutes OF the District
Of Columbia, section $50, page 90, and that,
~ 1 say, according to my understanding Is
The present law Of the District. That statute was
passed at the same time; the act was approved on
The same day as the general statute Of the United
States relating to the same subject-matter In err
liuit courts Of tho United States. That general
iifAtute TO which refer is found on page ice of
The Revised Statutes section S78 The difference Is
that this general statute
LIMITS THE ATTENDANCE OF WITNESSES,
iheexpense of which Is paid by the Government
10 the distance of one hundred miles from the
place OF trial. But there is no such admlnistn
tion In the statutes of the District OF Columbia,
and as understand that is the statute that gov
prns this court. There is also provision in the
Itntutes of the District of Columbia that dcpos.
lions Of witnesses may be taken on behalf Of the
defendant in a case OF this kind when they
reside more than ono hundred miles from this
cry OF course that word may is permlssiye.
i do not think II could be construed as mandatory,
Or directory even, but as apparently an
additional mode OF procuring evidence provided
Dor by statute in behalf Of the defendant in case
OF this kind. At any rate, that is my view of the
law. Now, II am correct In these positions, then
ask the Court. I'm pursuance OF the afiidavits
hled, to make such an order as may be necessary
In relation to witnesses forthe defense this trial,
and can say right here. that so far as am con-
cerned there Is no desire my part to delay the
trial one single day, except for the purpose of OBJ.
tanning the necessary evidence That Ia oil. The
issues OF fart Ihave stated In the AFFIDAVIT and just
a. soon as the evidence can be obtained think
tho
DEFENDANT WILL DE READY ron TRIAL
but this cannot BIO done In day II cannot be
lone In week. These witnesses are scattered
The defendant has lived In different portions of
The country during the last few years, and his
whereabouts have been unknown TO his most init
mate friends to some extent. That is he has not
corresponded with them. He has not advised
them where he has BEEN And, then, as the Court
- very well aware, on this question OF
insanity 1t may be proper thing to go back for
several years. Now, the witnesses upon that sub.
iect necessarily scattered, and 10 find them 1t
will take some little time; but at the same time
do not ask much delay from the court for that pur
pose. But as yet am all alone in this matter 1
have no one to help me- have not even clerk
to prepare or copy paper; and this getting Of
evidence. this looking up Of witnesses, this
subp1naing them all devolvcs on me- Now all
that ask is Justsuch aid may properly be given
by the court to enable me 10 find the witnesses and
TO get them here into court. Some of these ques-
lions that stated in the afidavts am perfectly
willing to
TAKE TuE DISPOSITIONS OF WITNESSES
upon where there is simple question of fact,
for instance as in the allegation that certain
member Of the Guiteau family became insane and
lied in an insane asylum, The dispositions of wit.
aesses prove that just well to subject the
Government to the expense OF the witnesses ut
lending here, and the expense would be very small
rn,,ra mob ,tt,,o. H..
do not know that the Government would be
harmed by admitting those facts; but they are
easily proved by deposition. Thattakes some little
time, however, but upon another class of facts,
where they rest In the opinion and conclusion on
part Of the witnesses from Observation-Disclosures II
may 10 very important, the Court will sec, to have
that witness here; 10 have that witness here for
croSs-examination. so that the fhcts and crcum-
stances us detailed may be inquired more fully
into than they could be possibly upon written In
terrogatorles. Now that class of witnesses as well
as experts, the value of whose tesi.
mony would rest great deal upon ex-
animation md cross-examination, to which
they are Subjected before the jury-that class OF
witnesses ought all to be in personal attendance
upon the trial. 1t seems to me that fair trial can.
not be obtained In any other way, and that is the
\ reason why ask the Court to make an order al
| lowing the expenses Of the attendance of such
| witnesses and to give me sufficient time.
I NOW, AS TO THE TINE REQUIRED.
I do not know what TO suggest at present
would much prefer that the District Attorney
would be sufficiently liberal in that matter SO that
there will be no question raised. There are GER
tain indictments ahead OF this one upon the
docket-rather important cases. believe the
Star-route cases are ahead of this. That might be
,rled to advantage, and this defendant
lould be In Jail O few weeks without ony harm
omng to him, or to the Government, Il seems 10
,e. AT the same time want the Court TO under.
and that there Is no disposition, so far as am
,noerned, to postpone this trial. In fact SO far
my connection with It is concerned / want Il
Bposed of Just as soon as 1t can possibly be done
th justice to the defendant, and with all the
idence collected, SO that he may have q fair
d impartial trial.
THE DISTRICT ATTORNEYS REPLY.
district Attorney Corkhll-" the Court please
own Judgment about this trial. independent OF
circumstances surrounding Il, Is that Il oupb,
10 an immediate trial, If that be possible. The
ternment is ready TOR trial to-day; 1t Is ready
trial on Monday, and the trial should not be
luly postponed While It Is true the gentleman
= Desenting the prisoner at the bar has only
actually engaged in the case for a couple
eels, II is equally true that he has been fami-
with the case and visited the prisoner within
or four days after the shooting although hs
not at that time have expected to appear a,
counsel In defending him for the crime But
has had that length of time to think
tthe matter, to think over the defense.
che docs not stand certainly In the samt
rpns that q man would who bad
y entered upon the defense of tn,
ehal this morning for the first time Il
thity,un Your Honor's direction. had beer
inpd by Your Honor upon n member of hi,
ha.r