New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-12-24
LITTLE OR NO EFFORT TO KEEP The AS
SASSIN IN CHECK.
rBY TELEGRAPH TO THE TRIBuNE.l

iBY TELEGRAPH TO The TRIBUSE.I
WASHINGTON Dec. 23-There were unmistak-
able signs to-day that the patience of the prosecu-
ton, under the outrageous insults which Justice
Cox daily permits the assassin of Garfield to heap
upon the Dstrict-Attornev and the witnesses, is
about exhausted. After of the usual abusive
and impudent Outbursts about his " free agency"
on the I'd of July. Mr.. Davidge rose with an ap-
pearance of deep dispeasure and, saying that there
seemed to be no doubt of his free agency at the
present time, that he knew enough TO be-
have himself in court and ought to be stopped The
only response to this was from the prisoner, who
has by this time usurped most of the functions OF
the Judge 81 my own counsel" he retorted,
"and have as much right to talk as you have" Ids
glitterng absurdity has been repeated so often by
the assassin that it has come to be accepted, ap-
parently by the great public outside of the court
room as well as by that small public which gathers
every day to tickle his vanity by laughing at his
Jokes and giggling with delight whenever he in
suits the official representatives of the Government
Guiteau is not his own counsel. He has no claim
in law in fact to the title. He Is prisoner, and
a prisoner only, with counsel assigned to him. Tho
Judge invariably directs witnesses to pay no atten-
ton to his questions, and this admonition Is re-
peated by the lawyers for the prosecution whenever
one of their witnesses becomes little bewlldered
under his persistent and impudmt persecution, and
likely
that Guiteau with brutal sneer, asks every expert
that comes on the stand whether he expects sou
for his opinion 1t was as prisoner that he threat
ened 10 show I'D his wife as better than "a street
woman 1t is as a prisoner that he has been
allowed, by the strangest mockery of proper rela-
tiOns ever in a court of justice, to heap up III
suits on the head of the man upon whom the law
has devoved the duty of prosecuting him for muir
der He has repeatedly called the Distrct-Attorney
a liar without word Of rebuke from the Court, and
when the District Attorney to-day interected re-
mark which not quite regular, but was merely
out Of order in the that it was perhaps little
speech at the wrong time to the jury, Mr. Scoville
made great pother, and the District-Attorney was
reproved by the Court.
It's "a prisoner that Guiteau violates daily
every rule of decency known in court meeting
only now and then with a few words of rebuke from
the Bench or more often few words in soothing
tone as if he were a spoiled child to be wheedled
and humored 1t is not much OF an exaggeration to
say that stranger to this whole mOrtifyng episode
going into the courtroom would suppose that Colo-
mel Corkhill had murdered Garfield; that Judge
Porter and Mr.. Dayidge were his accompilces and
the experts accessories after the fact, while Guteau
himself was the only just man among them all.
The Justice showed little more sternness
IN his treatment of the assassin to-day than ever
before but it was still of so mild quality that 10
meant nothing to Guiteau, whose etrontery Is
bonudless The fact is that Justice Cox treats the
assassin precisely if he were what he claims to he
or rather, since to-days proceedings what Nc
does not claim to bean insane man. he treats
him always as if he were uncomfortable person,
TO be coaxed into quiet by few words of reproof,
or. as usually seems % be the case, ignored Alto
gether i'm the hope that if he not excited by oppo'
siton and cssure, he will the sooner relapse into
good behavior.
There has been literally little if any difference
between the treatment of the assassin by the
Court and by counsel From the bearing OF
each the average spectator would infer that
the assass was a lunatic to be got along with al
eas,ly as possible If there has been any differ
ence Mr. Scoville has been sharper with the assas-
sin and shown more anger. 1t is impossible to be
sure that this daily spectacle may not have had On
unconscious effect upon the minds of the jurymen.
which mere evidence of HIS sanity, overwhelming
a. il has been, cannot remove. Everyone recog-
nizes of course. tie difficulties of dealing with
contumacious person already confined In JAN. Bup
there are methods of discipline even IN Jalls rev
hours or DAYS of bread and water might soon have
brought to terms a man whose greedy appetite
Is the astonishment of all about him.
II this had failed there are other
methods of discipline used in prisons which might
have been cffectual. There might have been some
reasonable attempt at coercion in the COURTROOM
There are tailifs big enough to hold small man In
his seat and if his handouts had been kept on the
country might have been spared the absurd spec
taee of "A murderer, while making hourly speeches
70 the iurv banging the table with his fist like
frantic committeeman or using his finger to point
his insuts at witnesses and counsel At all events,
tba record of the case would have been cleaner II
otte,nnts had been made to manage him and had
failed than il can be now that they have not been
made at all.
The same might be said Of the disorder of the
snectators If the room had been promptly cleared
t the first sero us violation of decorum the sight
seers who went to gaze at Guiteau and beg his
autograph. could have been depended upon to be-
have themselves thereafter with the utmost pro-
priety rather than be deprived of their fayorte
amusement. This much on painful subject.
The most noticeable incident of the day was Gui-
teams retreat one step further from the original
statement of his case The defence at first advanced
the tboorv that he has been insane for years, and
stiu officially adheres to il. But Guiteau himself
has talked constantly of late about his " free
| agency being destroyed on the I'd of July. and
| has insisted that 1t made no difference
| vbether he was sane or insane nows
| To dav he took another step backward
and declared that he did not claim to be insane now
| but that he was insane the I'd of July and for
thirty days preceding that time. He declared that
] Ina might have been insane all that time and then
| have become sane an hour after he had shot the
| President. 1t need not be remarked how utterly
inconsistent with everything he has said and done
since the assassination this position s Some OF the
experts attributed it to the fact that DIR. Talcott
w ho WAS ON the stand in the morpinax xdAsGrbed