Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-10-20
The Expected Action i'm Court To-day
Postponed Until TO.mOrrOyv.

(printed In yesterdays starr He had also short
then left the court room MI scoville said, after
leaving the City Hall, that it was agreed that his
motion for allowance of witnesses fees would be
granted tomorrow morning, and counsel would
then be igned assist him in the defence. His
printed argument, published In THE STAR last eve
Attorney COrkhill In reply to STAR reporters in
Qury as to the result of the conference said that
but whether it would be granted or not he could
not say.
The Question Of JurisdictiOn In Gui.
teau's Case.
VIEWS OF MR.. R I. MERRICK-HE THINKS THE
COURT HERE WITHOUT JURISDICTION, AND WILL
ARGUE THAT POINT If REQUESTED BY THE COURT
TO DO So
reporter OF THE STAR met Mr. Richard T. Mer-
rick, well-knOwn member Of the District bar,
this morning, and asked him: When will the argu-
ment on the question Of Jurisdiction in Guteau's
case take placer
Mr.. Merrick.-Indeed, don't know.
Keporterm -,,, win argue 1t when the question
90 SO unless am called upon by the court for that
purpose. When Mr.. Scovflle requested me to take
charge Of the case declined to do SO, for the rea
son that at this time my professional engagements
are such that 1t would be out OF the question
for me to enter upon q case requiring 80
out neglecting or sighting business which
had already undertaken. In our Interview the
question of the Jurisdiction of this court was men
under the circumstances OF the case, was without
jurisdiction to try Guiteau upon the charge Of MUIR
der, and added that II the court should request
as an dnicus cIride to argue that question would
do so, but would cOnfne myself to that question
cded on two different occasions In similar cases
that 1T was without jurisdiction, and one OF the
most learned judges that ever occupied seat on
lar decision when the question arose In the circuit
In which he presided, decision cOncurred
in by the district judge who sat with him in the
n n1ioa6 10 tn
trict which changes the rule of the common law
on which these decisions were founded, and think
that Gulteau should be 1ynched by the people
rather than that he should be lynched by the
court II the people had taken him on the day
when the fatal Shot was fired and torn him to
pieces, their action might have been regarded as
an excusable outburst of popular passion excited
beyond the control Of reason by a most startling
crime against society and the country. But since
the ., accused az, has been given over to the
and 1t would be disgrace to our system of juris-
prudence and to its administration If the tempest
scales of justice sin the estimation of hair"
Reporter see that Judge Cox has stated that
ne intended to have the question Of jurisdiction
Mr. M do not know how that can be done.
The prisoner has pleaded "not guilty." as he
how the Judge can require him to change
the issue thus made. On this issue the QueS-
ton Of jurisdiction will come up ON the in
str1ctiOnS counsel will ask the court to give to
the jury after the evidence is closed and ALSO pos
sibly, in another shape after the trial. But pre-
Ter not TO talk about the matter any further. am
not counsel in the case and shall have no connec-
ton whatever with it except in the possible contfn-
gency which have indicated. Should be called
upon 10 argue the question OF Jurisdiction, would
give that question full and careful examination,
and came to the conclusion, contrary to my pres
ent impression that there was jurisdiction In the
court to try the case, would not hesitate to say
So ian and to give my reasons for such opinion That
G,hnt s Only IelaIion can IN justice TO myself and
no doubt there are competent and able counsel at
the bar OF this District who have the time to un-
feSsiOnal duty, If assigned for that purpose by the
court Such counsel would, of course, have the
management OF the whole case, and the court may
counsel as dmfcus curtde to argue the single Ques
ton OF jurisdiction.
Reporter.-What do you think of the plea of in
sanity?
, Mr.. M.-Really, prefer not to say anything fur
ta ,I about the case one way or the other But
70 all who have due regard for the character Of
our country II properly conducted judicial inves
Guiteau, was insane, and thereby arrest the grow
Ing belief abroad that assassination has been
adopted into the methods of American politics.
Mr.. j. Amber Smith and Major Daniel.
To the Editor Of THE EVENING STAR:
Your reporter does Major Daniel and myself both
injustice in his report OF his meeting at Alexan-
dria, Va, on the 18th inst I corrected statement
ulduo Dy Major d. against Hon. j. r. Lewis: he
accepted the correction and said he would not
again make the charge Some few boys made a
noise, but the ladies and gentlemen in the audi
Oct. 20, 1881. j. AnBLER SMITH.
THE BODY NOT IDENTIFIED-The body OF the man
found drowned at the Long Bridge Monday MORN
1ng the 10th instant, and sent by Coroner Patter-
son to Buchly's undertaking establishment, has
been kept In ice since 1t was received by Mr.. VIM.
S. Buchly for Identification until yesterday after
noon, when it was buried in the Congressional
the purpose The clothing and such rnR Ry as
were found in the pockets are preserved fortden-
assumed by Mr. Buchly.
ATTENTION is called to Mr.. John A. Prescott's adj
vertisement of sale by auction, which is to take
place tomorrow afternoon, of valuable lot on
Pierce street northwest, improved by an unfin-
1Shed dwelling. good opportunity Is offered
here for an investment
Cor OFF WITH THE PnAEroN-Tuesday morning
a man, giving his name as John Bray, applied to
Cruit's Stable, G, between 18th and 18th streets
northwest, for the use Of a horse and phaeton for
for its hire, and left with it, since which time he
has not been seen. The horse with halter on
returned to the stable sometime Tuesday night,
and was found yesterday morning near by, but
the phaeton and harness are missing. OF course,
the order was bogus. Bray is represented as
being about y years old.
DANCING ON THE HEAD-Polcemen Branson and
aG%e OF . the frst precinct Iaded house in
dance, and locked up four OF the dancers. The
officers testified that q large crowd OF colored
people took possession Of an unoccupied house In
Fighting alley" In South Washington, and about
midnight they got drunk and very disordely, and
raid was made, and David johnson, Edward
Fletcher, Annie Lucas and John Williams were
arrested, and large crowd escaped through the
back window, among them the blind musician who
was one OF the first who escaped. The defendants
were al put on the stand by their attorney, and
testified In their own behalf. Edward Fletcher tes-
titled that he and his wife got an Invitation to the
dance, and when he got to the dance fellow
wanted him to dance On the 'head," and he
wanted to make the other couple dance on the
"head." The court Is evidently not wen up in
dancing, for he interrupted the witness and In
quired In laundering tones, what right had he to
make people dance on their heads, and ordered
him back into the dock They were all fined S. or
Is days in the wOrkhOuSe.
Alexandria Notes To-day.
Reported for The EVENING STAR.
This morning Jas. r.. Cation, commissioner, sold
at auction an old frame dwelling house with lot
included Is by 80 feet, on the south side of Queen
street, between Henry and Fayette streets, belong
ing to the estate OF the late A. Dugan for SIS This
property Is situated on an unpaved street. but in
part OF the town that is well built up.-Visitors
returning from Yorktown report the St Johns
Academy Cadets and the Old Dominion Com.