, 1881-12-30

measure 'ttow 'rrof'oactt wns suggested III tho
form Of motion, although It hal ttself occurred
to mo previously. Un tho oontrnry. 1t Ind hercto-
fore hron m Impression. shared both by Court and
co,'nso TINT tho prisoners conttct and 1n1la.taRc
At tho tmr wusd probably afford tho hest ft1tlca.
tfons Of bis tuontal and moral characteristics
and contribute largely to tho enlightenment Of
tho Cnnrt and Jury upon The Vita! question or
mental responsibility. il WIS, therefore. In no.
,ortlnncc With desire expressed 10 mo by tho
1'fstF'ot-Attorney Tint ho wis allowed
stfcII LATfTunE or CONNECT,
unrrstrhIntsl excerpt 80 far IA necessary to con-
,luct thu proceedings at nll. In nror to furnish,
particularly ~ the expcft Witnesses WIN wcro
present. MI opportunity To dlngnosu his case. It
WIS thought that nu batter opportunity couls1 bo
afforded thnt1 u cut,stant study of tho prlsnrr
IN tho sturt.rk,n1 ind ntii1tF the excitement Of
frsn md tho various phases Of tho raso daily
rcntllnR tho long perosl which this trial bus con.
tInucsl; amt, as It nnw nppcnrs, tho orlntons Of
the exports hayc brrn iarxcIy founded Upon tho
oxhtoitiona which hAse tukun plnce during this
trial. Ami It thoy hnyn contributed to enable tho
expert witnesses in sonch thelr conclusions. It Is
us,snrleth ti,itlicatiun Ut tho view Of tho Dis
trlct-Attnr.icy TINT This was tho proper cotrsD
to bn pursued. At this stnRc of tho trial. thls
object seems tn tno to havr bern accomplished.
Tho trial 10 now nrprnnchIuR It's o1.te. Hotup alx
weeks have rlht'srl since ths beginning If this
trial. These 9antlomcn htvo had
AMPLE OPPORTUNITY
to mako IN their Jutlgmcnts, aud nre now In
cnurse tif prnnnuncln9 them hcfnre this En!rs.
and Jury. On Saturday. for the first lime, as
aAhl, application wns 1nldo to me tn remand tho
prisoner to the tl,ck: md the object Of tho
co'lrsu heretofore taksn having hsen accstn-
ptkshet,. It seuma to nc to be Incumbent upon
me, now that application Is r,alu, to Impose
sisut rrstt.nt upatt tho prisoner As tho cireus.-
stances of tho caso shnll admit, and MS
elltil coMlAcD tn Il tnurc orderly
cunduet 1T tho cause, or what
IL loft or It. / considered this motion becausu
doubted tho cxpcdtonuy of Il. anu wiAhcd 10 be
clcar IN my Judgment that It did mt conflict
with tho prisoners constitutional rights 11o has
n RI sht. tn bo confronted with tho WITNESSES
nKalnst hlm: lic hns right to hear ihotr tcstt-
iliony and 10 appreciate tta Import; ho bus n
right to hSo co.tnEcl to asslst hftn. to consult
with cu,lnset: hu cannet bo gagged or sont cut
uf court. | fNd considered the application, aud
wis prepared to act upon 1t on Munlay if'it WINS
prcsscl Tut 1 entertained a hopo that tho
incro milking Of tho lns,hon would havo hptl its
moral effect on tho conduct Of tho prisoner.
Tho propor placo,, for u 'rrIsoner On trinl for
felony Is in tho dock. liz Gun ony cGtnc
within tho har to po,'i upon arrnRn-
tnent or to receive sentences IT tho
Court, for tho PURPOSE OF inrthorsny Justice
grnntR hin tho privilege Of sitting beside his
counsel wlthIn tho bar, it Is Il privilege which
conEers no right In Itself. but, like nny uther
privilege. It ..
MAY nE WITHDRAWN susrMAn1Ly'
at tho discretion Of tho Court. Whito tho prls-
nncr h0s an uninuhted constlt,l ttonul right to
net ~ hts own counsel, or 10 bc heard hy coun-
sol, ho cannnt exorclsu both rights stmultane-
Ousiy. Having asked for and Ind counsel U.s.
s'Knetl. or ayalltpg himself Of tho assistance of
coansc' IN my othar ray. hc bus thereby wa!ves1
.tnn t-Ga