The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-11-10
The Returns from the Elections Yes
terday Indicate Slight Interest
I'm the Vote.
The Democratic Nominees Carry New
York city by from Thirty.Fiye
to Fifty Thousand.
Returns from the Other States Are as
Yet Exceedingly Meagre and
Unsatisfactory.
The Argument Continues OH the stan
Route Information The
Guiteau Case.
LefrOy Convicted of Murder Yesterday
at Maidstone, in England.
General Domestic and Foreign News.
The Guiteau Case.

The Guiteau Case.
WASHINGTON, November Sin the Grim
inal court this morning Scoville, counsel
for Guiteau, called the attention of Judge
Cox to the motion made in the case few
days ago by hisassociate, Robinson. Judge
Cox said the motion, referred in the first
place to a postponement of the trial. While
he was exceedingly anxious to accommo-
date counsel, he did not see how he could
postpone the trial without the consent of
counsel on both sides. In regard to the
other part of the motion to direct the dis
trict attorney to deliver to the counsel for
the defense certain papers, he said that in
consultation yesterday with the
district attorney and Robinson, the
any papers he had for the inspection of
consul, and he did not see that the court
could give an order for, the production
of papers that might be evidence on the
part of the prosecution. On that score,
however, there would be no difficulty.
Scoville remarked that the matter had
hardly been presented, the other day, eX-
actly in the view which he had of it. 'There
were three classes of fpapers in the possession
of the district attorney, and he considered
it very important that counsel for the priso-
ner should have not merely the inspection
of the papers in the presence of and under
the supervision of the district attorney, but
should have the papers for consultation
among themselves and with the prisoner
There could be no difficulty about the GUS
tody Of the papers, because a receipt could
tents, could be ascertained and
noted. In the first place, there
were certain clippings from newspapers
which had been gathered up by the pris-
oner during the six weeks before the shoot
ing. The reason why counsel for the
prisoner wanted them and why they were
entitled to them, was that these clippings
were evidence for the defense as to the in
huences that were brought to bear on the
prisoners mind, and of the motives
which operated on him finally in COM
mitting the deed Evidently, of course,
an application tor things of this character
in possession O. the district attorney
might not be. pr9pel but iR{ {fhis case the
defence consisted Of insanit ahd- it Was
extremely important for cSrNsel to ascer-
tain, and = be -asd@ 10 produce in evi-
.dence, pHlfluenceF which operated on
Guiteau's mind for six weeks before the
shooting. Suppose, for example. that GER
tain letters had been written 10 the prisoner
duringthat time Jy accomplices instigat
ing him to act, understanding his mental
condition, would it be claimed that counsel
for the prisoner were not entitled to their
possession in order to show the influences
that were brought TO bear on the prisoner
and how they operated on his mind
Instead of there being such letters ad-
dressed to the prisoner in person there
were as he understood certain
printed documents or printed letters
addressed TO him in common with all people
of the United States, and counsel for the
defense are entitled TO an inspection an ex-
animation of these papers, to see how far
they influenced the prisoners action and
how far they were proper to be produced in
evidence OH the part of the defense. There
was also printed book, the property OF the
prisoner, which had been taken from
him. During the six weeks before the act
was committed Guiteau was, as he under
stood, engaged lin making annotations in
that book and noting all along the margin,
making alterations and corrections, and
putting additions to it on the margin.
These things were important as indicating
the condition of the prisoners mind, what
he was thinking of as bearing upon the
question of mental soundness and legal re-
sponsibility. Counsel for the defense were
entitled to them and entitled to have them
before trial. They were not bound TO look to
the grace of the district attorney to obtain
their evidence. They were entitled to il,
Themselves 10 examine II, 10 canvass II IN
a proper thing to produce in evidence as
they now believe it was. Lastly, three
weeks ago the prisoner had pre-
pared in Jail q communication
which he desired to have published,
and had sent in an envelope with note TO
himself (Scoyille). The warden had
brought il to his room, but not finding him
he had.left il with the district attorney.
That letter and communication he had been
unable to get. He had applied TO the dis
trict attorney repeatedly for them but had
not been able to get them.
He now submitted the matter TO
the court. He was not asked for anytime
as favor, buthe held that he was entititl
to those papers without any qualifcati ms
Judge Cox said that IN regard TO those
papers he should say that counsel fol ihr
prisoner were entitled to them, but H. 10,
absence ofthe district attorney he cor i'ot
make any order as 10 the book refei ld .r.
The district attorney yesterday iuid
Robinson that he would give him copy
Of it.
sufficient"
Judge Cox: 81 do not see e. at have anv
power 70 order the district attorney 10 de-
liver any letters that he holds and which
he may desire 10 use as evidence. ] be-
lieve he is willing 10 give an oppor-
tunity TO examine everything he
has. i do not think my order viii be nee
essary. However, ] viii consult with the
district attorney as soon as he comes into
court, and probably the matter can be ac-
without formal order"
subsequently, District Attorney Corkhili
came into court and said that the paperf
by counsel for the defense being
evidence he would not conoede
the right Of any person 70
them. He had never received any
Of any Kind addressed 70
sc0viilf. and had nothing Of the kind in his
possc-slon. ScOviae said be would to-m6r-
rUu morning present an affidavit Of Warden
Croker in relation 70 the rsaffer.