Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-12-29

Decision Of the Judge upon the
Question.
FURTHER MEDICAL TESTIMONY.
Continued Impudence and Audacity
of the Criminal.
HE EXPRESSES DELIGHT AT HIS NEW SEAT.
Views Of Lawyers as to the Final Result
of the Case.
WASHINGTON, December 2Sth.-Guiteau
came into the Courtroom this morning look
ing paler than usual. He had not slept WELL
A man was placed in a cell near his who was
suffering from n ost violent type of mania.
caused by excessive use of morphine, and dur
ing the whole night his shrieks rang through
the jail Guiteau was annoyed. and asked
what was the occasion for such riot. The
keeper replied, "We've got crazy man on
our hands tonight" Well" said Guiteau,
"why don't you choke him and make him
keep quiet, and not let respectable people be
disturbed in this way by miserable lunatic
DIR. M'DoNALD CROSS EXAMINED.
DIR. Mcdonald was cross examined by Sco-
vile, mainly on temporary insanity. The
witness was asked If, in his practice, he
had not met with an instance of temporary
insanity He replied, F" Yes sir. l know
of man who was insane for twenty-four
hours"
Scoville (eagerlyl-Aud then he got well :?
Witness-No, sir; he died. Laughter, at
Scoville's expense.
The witness was asked what he meant yes
terday, by saying I" l think he, the prisoner,
| has been playing part in Court" He re-
| piled ~ believe he has been feigning what
he believes to be insanity. 1t was not really
insanity. l believe he has been attempting
| to give the impression to the Court that he
| is insane, and with that idea has been acting
| part"
THE PRISONER INTERRUPTS.
Scoyille soon became involved in discus.
sion with the counsel on the pertinence of the
question, when Guiteau shouted: +" You had
better let him go; you are making altogether
too much of him. If you have not got enough
sense to see it, will have to tell you"
Allusion was made to the ak incident, when
Guiteau commented scontemptuouslY "Oh,
nonsense that Ak story is the merest fiction
it's all rubbish"
Shortly afterwards he said: doctor, just
k.II hrab bop nj
will let you 60"
The witness was asked if he was not dis.
charged for granting false certificates of
health to William M. Tweed. when the latter
was in confinement in the penitentiary, and
replied 81 never gave Tweed q certificate
of health or of i'll health, and 1 was never
discharged from any position in my life"
ANOTHER NOTED EXPERT SAYS THE ASSASSIN
is SANE.
DIR. Randolph Barksdale, Superintendent
of the Central Lnnatic Asylum, near Rich
mond, Va, visited the prisoner at the Jail.
He had also closely observed him in Court,
and, from his personal examination and
observation, was of the opinion that he was
sane.
The witness also testified that he believed
Guiteeu had been feigpipg 10 Court. The
witness believed, taking true the facts set
forth in the two hypothetical questions of the
prosecution, that the prisoner was sane when
he shot the President.
THIRD EXPERT CALLED To THE STAND.
DR.. John II. Calender of Nashville, Su-
perintendent of the Tennessee Asylum for
the Insane, had given special attention to the
study Of int anity for the past twelve years,
and had seen abolt 1000 cases during his
connection with the Tennessee Asylum. The
witness had visited the prisoner in jail, and
also closely observed him in Court. and be.
lieved him to be perfectly sane. Witness did
not believe that the Deity ever inspired a
man to kill fellow-creature, and any one
who labored under such an insane delusion
would show it in act. if not by words. An
swering the hypothetical questions, he said
the prisoner was undoubtedly sane.
Scoville objected, and Guiteau interposed
his remarks. Scoyille made sharp cross
examination.
AFTER RECESS sC0vILLE's HYPOTHETICAL
QUESTION.
After recess Scoville put hypothetical
question which embraced the clause "Sup-
pose the prisoner believed himself to be
partner with Jesus Christi"
Judge Porter protested against the question
as blssphernouz, and it would be disgrace
to Court of justice and to Christian ma.
tion to allow it to be entertained for mo-
ment
Scoville replied if no allusion could be made
to what was claimed by the prisoner to be
the actuating motive or influences that led TO
his act, the whole defense would ba wiped
away at a single stroke.
PORTER INSISTS ON REMOVING THE PRISONER.
Judge Porter proceeded to insist upon his
view and declared that the time had come
when, in the name of tie American people
and on behalf of the Government and the
Federal Court, he felt it his duty to demand
that the prisoner be removed to the dock.
Guiteau (spitefully \" Oh, you do you
big.mouthed Porter :"
The Court officials sitting behind the
prisoner attempted to quiet him, when he
whirled round and snarled at one of them
"Will you mind your business or I'll slap
you in the mouth, you fool you"
Judge Porter continued his remarks and
Guiteau again interrupted him and shouted
well, you had better mind your own bust
ness"
ARGUMENT OF PORTER AND DAvIDGE.
Judge Porter said "That in my business
here to-day, and, your honor, must now
insist upon nay motion of Saturday, that the
prisoner be removed to the dock"
Scoville arose to speak, when Judge Cox
said; Let me know first il the counsel
desires to be heard upon the motion to remove
the prisoner TO the dock.
Judge Davidge then proceeded to speak to
the motion. He believed the time had
come when every one present was perfectly
satisfied that the prisoner was perfectly sane
in respect of his behavior, and was amenable
to the same rules as other prisoners were. In
the case of General Sickles, who was tried In
this Court for murder, the Judge refused to
deviate from the rule, although he was dis
tinguished lawyer and member of Congress
at the time. He sat in the prisoners dock
during bis trial"
Scoville said that he would assent to auv
proposition which might be deemed neces.
sary. No one had suffered more than he had
from the prisoners behavior.
DIRECTIONS TO THE DOCK.
Guiteau linterruptine) We'll, it's because
you're iacksss on this case. If had decent
counsel, shouldn't have any occasion for
these remarks. You are doing well enough
on your theory, but your theory is altogether
too narrow. You haven't got brains enough
for this case.
Colonel Reed denied the assumption that
the prisoners sanity had been established.
No human knowledge could fathom the work.
ings OF an insane mind, and humanity would
dictate, 1t reasonable doubt should exist,
that leniency be extended toward him. He
thought an admonition from the Court will
suffice.
Corkhill insisted upon Guiteau's removal