The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-10-25

or for the prisoner himself to indicate to the
court his choice of counsel. ...
Sc0vllle then proceeded to discuss the
question Of procuring witnesses from abroad
and hiring experts to be paid BY tho govern
ment. He claimed that under the statute In
question that 1t is entirely under the discre-
ton OF the court. He said: "If am alone in
this matter, and have no one help NE, lot
even clerk to prepare and copy the papers,
this work OF getting up evidence, looking up
witnesses and subp9naing them, all devolves
upon myself. All ask is that such action
may be taken BY the court as will enable me
to get the witnesses for defense into court.
On some questions stated in the affidavit am
perfectly willing to take the depositons of
witnesses; for instance, proof allegation that
certain members Of the Guiteau family be-
came insane and died In the insane asylum
These facts are easily proved by dispositions,
without suhjecting the government TO the cost
of bringing witnesses here. But in another
class Of testimony where it rests upon opinion
and the conclusion Of witnesses from certain
circumstances, 1t NAV be very important, as
the court will see, to have the witnesses here
for examination and cross-examnation, to
see that the facts and circumstances As de-
tailed may be inquired into more fully than
they could be on written interrogations
of whose testimony would depend a great
deal upon the examination and cross exami-
nation. TO which they would be subjected
tor the jury, should all be in personal attend
ance on the trial. A fair trial cannot
be had In any other way.
That is the reason why asked the court
TO issue an order to allow the expenses Of
such witnesses, and to give me sufficient time
to prepare the defense. As to the time re-
quired 10 not wish to suggest it At prese mt ;
would much prefer that the District Attor-
ney would be sufficiently liberal In the matter
so that no question would be raised. There
are certain indictments on the docket which
are ahead Of our case, some Of them rather
important ones, and which can in the mean
time be tried to advantage. / believe the
Star Route cases are ahead Of it. This defen-
dant can lie in Jail for few weeks or longer
without harm to himself or the Government
The affidavit which was read statos there
are various witnesses whose evidence 10 ma
terial for the prisoners defense, and without
which he cannot safely 20 to trial. That the
names and residences of such witnesses and
the facts that can be proved by them severally
are all known bv atlantis counsel, George
Seoville, and are only known in part BY the
affiant. That he has not money or property.
and ia unable to pay the fees and mileage OF
witnesses, or the cost of them. therefOreHe
prays that the court shall allow such wit
nesses In his behalf as may be shown by the
afiant's counsel to be necessary and the costs
to be paid in snch manner az those of the
Government witnesses are paid
At the same time want the court to under
stand that there is no disposition so far as
am concerned, to postpone the trial. In fact
want it disposed of just as soon as 1t can be
done with justice to the defendant, and so 3.
to secure fair and impartial trial.
The District Attornev.-My own jud 'ment
about the matter, Independent OF the circum-
stances surrounding the case, is that the trial
ought to take place Immediately, or as soon as
possible. The government is ready for trial
ard vii! be ready OIL Monday next. The
trial should not be unGuly postponed. 1t is
true the gentleman representing the prisoner
has only been engaged on the case couple
Of weeks hut it is equally true he has been
familiar with the case all the time and Vlslted
the prisoner within three or four days atter
the shooting. Although he may not at that
time have expected to appear as his counsel
still he has had Length of time to think the
matter over, and he does not therefore stand
in the same relation to the case in wttch q
lawyer would stand on being assigned by the
court for the first time to the defense OF the
criminal. 1T that duty had been Imposed nN
the court on a member of the bar who was
not familiar with the facts OF the case or the
defendant, should feel it my duty to be
more liberal that CAL possibly consent TO ne
with the counsel now present. He 0rcupie'
the double position nf counsel and Of relative
and lie is thus enabled to know definitely as
much rs any man can possibly know about
the history Of the prisoner lie.
Sour Honor will readily see that counse
can tell to. dav what witnesses should be sum
moped on The insanity question: he prop
ably knew month ago wnat VIE
upsses wee necessary t" b" summoned
for,he defense. He has frreshadowHd three
noints in defense of his clse; the hrst ques
lion of law relating to jurisdiction second
the question of the irrespnnS1hlIity "1 Inns
man ON a count OF insanity: thlrd, tha' thr
/ Ioa,h ot President Garfield was or'as'0hed
bv ,naIpractice on the part at the PHYSICIANS
Who attended him. The law Is extremely
| liberal TO persons accused ot Cfihe' an" al
nr,,, ont tba law is more libaral than 1t ever
was IN fact the iiheraSltY ni tht law va
ooro so far that il has almost intn' tered viii
the proper punishment OF 'll''l''A''' ID"
! 10 lav las never gone so far as your i"ho>
:, rny, asked TO extend il. The law rrovir';
| t,t thr prisoner shall have process .
,,,.,, to couuel the attendance OF witnesses
i :; 1,ot vour Honor caunet deny, and that III
,ri-n,ar is entitled to without any request
! Tho statute declares that whenever any
/ nrsoner who is indicted in court "i tl'e
! United States, makes atfldaVlt s'a'"lg ,ua
his wiIues es, whose evidence IS hia'er'ai u
hix 1rrcuse. and stating what he eXFe'tS II
. nroyo nv each, that they are withiil thH ~
rr;,1ictiGp or within one hundred miles "i th'
/ nlare of trial, and that he is n'l possessed o