Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-12-29

AFFORDED.
Judge Porter following Scoville, said "The
assassin of the president will assassinate no
more forever, ana his voice, which is not
silenced now, will be as dumb as that o. his
victim when the end of the law is reached.
(Applause). No man, sane or insae, is per-
mitted to say the arm of the law in his pres
ence is nerveless. / have approved, Il say it
in view of the condemnation of the Ameri
can people as represented by their papers,
because they did not understand the situation
as we did), 81 have approved and
vinGicating your honor's course down to the
time that this prisoner proclaimed, with the
acquiescence of his counsel, that he had been
sane from the hour after he executed this
foul, diabolical and infamous murder. When
made this motion felt the time had come
when it was due to the msj -sty of the law, to
the vindication of the American government,
and above all, to the vindicatiOn of the judici-
ary, that the step should be taken which now
indicate.
You suspended your decision in the hope
that YOU might be able to extend to this sane
criminal and homicide still further clemency,
but if it be done it will be at some peril,
peril to the name of American Jurisprudence
and peril in respect of the indefinite continue
tion of the trial, which, without the inter-
position of the prisoner, would have terminal
ed three weeks ago. The time has now come
when the law must make its appearance in this
court room, and when the man who pretends
to be maniac shall no longer sit at the coun-
sci table and exercise privileges whichz You
would accord no member of the American
bar.'
The Prisoner--"A very nice speech, but not
a word of truth in it."
The court then rendered his decision. 1t
was hardly necessary to say that the conduct
of the prisoner had been in persistent violation
of order and decorum. In the beginning the
only methods which could be resorted to sup
press this disorder were such as must infringe
the constitutional rights of the prisoner, and
that was conclusive argument against them.
Until Saturday last no other method had been
proposed. Then this proposition, which he
had hitherto been the impression,
shared by court and counsel,
that the prisoners conduct and language in
court would afford the best Indication of his
mental and moral character, and contribute
largely to the enlightenment of the court and
jury on the question of his responsibility. 1t
was therefore by express desire OF the district
attorney that the court had allowed such lat
itude of conduct, IN order to furnish experts
an opportunity of diagnosing the prisoners
case. As it now appeared, the opinions
of the experts had been largely founded
on the exhibitions which had taken place in
the trial, and if they had contributed to ena-
BILE those experts to reach their conclusions, it
would be a complete vindcation of the Views
of the district attorney as to the proper
course to be pursued. At this stage of the
trial, however, the object seemed to have been
accomplished. The trial was now approach
ing its close. The experts had ample oppor-
tunity to make up their judgments
and pronounce them before the court
and jury. 1t was incumbent on
the court now to impose such
restraint as the circumstances OF the case ad-
mitIed, and which would conduce to the
orderly conduct of the case. The prisoner
had the right to hear the testimony of the
witnesses. He could not be gagged or sent
out of court. The proper place for prisoner
on trial for felony was in the dock. He could
only come within. the bar to be arraigned
and to receive sentence. If the
court granted him the privilege of sitting
beside his counsel, 1t was a privilege
which could be withdrawn summarily. While
the prisoner has the undoubted right to act
as his own counsel, or appear by counsel, he
could not exercise both rights simultaneously.
Having accepted counsel, the prisoner had
waived his rlghtsto appear as such in person.
In consideration of all the circumstances the
court thought the motion would have
to be granted and the prisoner should be
placed in the dock, but did not mean that the
prisoner should be exposed to any danger.
He should have the fullest protection.
Prisoner Speaking quietly and as though
he dreaded being placed in the dock, which
was filed at the time with SPECTATORS ITO
settle the matter, will sit quietly, Will it
not be satisfactory if | keep quiet and stay
here. If I sit in the dock 1 may be worse.''
The court directed the marshal to clear the
dock and place the prisoner there.
During the confusion and noise incident to
this movement the prisoner exclaimed in a
hotra oh
to the dock if your honor says so."
Court-''I say so simply in hopes of keep
ing you quiet"
Prisoner-"I move the court room be
cleared. If am going into the dock I want
the court room cleared
The prisoner having been placed in the
dock, and quiet having been restored, Porter
said: at is to be borne in mind that the Chin
era, which seems to haunt the prisoner has
no foundation. He is in no danger except
from the hangman's rope, and so long as an
officer of the law stands beside him no ran
Will imperil that officer in the discharge of his
public duty by firing a shot at the prisoner"
(Applause.)
The court directed the marshal to place the
prisoner where he could have full view of
the witnesses.
Prisoner (from the dock)-"I am doing very
we'll here, if your honor please. It's only
confession of the prosecutions weakness. I
would not be afraid to go all over Washing
ton alone, or New York, or Boston. Thunder
that broadcast. God Almighty will curse
the prosecution. Take time in this, CorkhiIl.
You are having your own way for few min
utes, but God grinds slow but sure. You
have got no case, and you know it."
The district attorney, in reply to Scoville's
speech, stated that he had been always opposed
to having any extra guards around the prison.
er. He believed in allowing him to stand his
trial like any other man. No violence would
come to him any more than to a criminal
charged with smaller offense. He did not
wish any special protection around The pris-
oner, nor did he think it necessary. 1t was
an indication that he was in danger He
(CorkhilD never thought he was in danger
Scoville (sneeringly), "You must think
everybody is going to miss, like Bill Jones'"
The prisoner here broke in with an express
ion of satisfaction with his present position,
and thanking his honor for moving him there.
Cross examination was then resumed and
Porter's objection to Scoville's question, Gas
suming that Guiteau considered himself the
brother of Jesus Christi on the ground of its
being irreverent and blasphemous, was over
ruled by the court.
Porter (solemnly)-"A this case will be his
torical, as our objections are utterly unavoid-
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