The Wichita city eagle., 1881-11-24

replied: 81 do. It is portion Of the verte-
bra OF the late President, James A. Gar
field"
The yertebra was then handed to the jury,
and the character and extent of the injury
to them explained. DR.. Bliss was followed
by the closest attention on the part OF the
entire audience, with the sole exception oi
Guiteau, who devoted himself to his papers,
only occasionally glancing up, with the air
of man being boored witha recital in
which he could have no possible interest.
After the vertebra had been returned to
the District Attorney, Scovilie reached over
and requested an opportunity 10 examine it.
1t was handed him, and Gui.eau, who sits
Immediately on his right, examined it closely
He made no move to touch it, however, and
gave not the slightest indication of any feel
ing other than casnal curiosity.
The crowd on Monday morning was three
times greater than upon any former day.
Guiteau was late getting into court on ac-
count on account Of the extra guards ordered.
He had got over his scare and said that God
had protected him. Immediately upon open
ing court, Robinson. the assigned counsel
for Guiteau, made speech severely criticis-
ing Scovilfs outside talk, and asked to be
discharged from the case. The prosecution
rested their ease when the court notified
Guiteau that he might make the opening
speech for the defence. He said he hadn't
expected such thing and was unprepared.
He only wished to call the attention of the
court that it had been testified to that at one
time Garfield was pronounced out of danger,
and that of course, he therefore must have
died of malpractice.
ScoyiIle then addressed the jury at consid-
cradle length. "Much,' he said, had been
introduced in the evidence, thus far, which
could have no bearing upon the case. ''All
men shared the same opinion in relation to
the suffering Of the President. 1t was not
pleasant to contemplate those things, and
when they were presented to the jury they
must exercise influence. The only question,
however, for the jury to consider, was
whether the prisoner killed the President,
and whether ut the time, he was in such Il
condition mentally as to render him respon-
sible for the action" The speaker, with no
oratorcal efforts, presented in plain matter
of fact, manner and points which he pro-
posed TO make, and upon which the defense
would rely. The jury should note carefully
the expert witnesses, hear their testimony
see how they stand examination and cross
examination, and then come TO the best con-
clusion they could arrive st. The difficulty
would come when the jury can weigh the
evidence of both sides. The jury should
then consider the experts ON the part Of the
Government being paid from 500 to 500
per day. and that even these scientific men
have not reached that height beyond the
passion and feeling and love of money as
that those things could have no influence
whatever on their feelings or judgments.
On the other hand not a single expert wit
ness for the defence would be paid. and their
testimony, if in favor Of the prisoner, would
expose them to condemnation and ostracism
in the communities where they lived. These
were things to be taken into consideration
in weighing expert testimony. The popular
feeling against the prisoner had been shown
in three separate attempts on the prisoners
,de, the last of them being commended by
the newspapers all over the country. The
same popular feeling would also exhibit itself
in the testimony given by the expert wit
nessos. He contrasted his own ineXperience
in criminal cases with the experience and
ability of the counsel for the prosecution,
and in view of this disparity he asked the
jury to be considerate and candid to the de-
fense; still he did not ask for any odds when
it came to the question Of fact; he expected
the defense would erect an impregnable wall
or fortress which all the power of the other
side could not shake, and if he came short
of this he knew he could rely confidently on
the courts learning and integrity and sense
Of justice. With the array of facts which
he would present to an honest jury and an
upright Judge, he felt that he was not en-
tirely at disadvantage.
After Scoylle's speech, the court adjourned
till Tuesday.