Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-11-29
Guiteau's Brother on theStand
He Thinks the Prisoner Respon-
sible but not Sane.


through the MAI8D8l tOOu duu AZ viz sAAOAe
to effect an entrance to the court room, caused
q momentary confusion which necessitated
suspension of proceedings for few minutes
There was quite din of female voices and
several we're heard vociferating that they
would be squeezed to death and begged to be
allowed to get out. With some difficulty the
hall and corridor leading from the marshafs
Office to the court room were cleared and the
examination of witnesses was resumed. Inc
witness was convinced at the time Gulteau
visited her that he was insane and should be
put in the insane asylum.
Frequent objections were raised by coun-
sci for the prosecution to the character OF the
questions propounded by Scoville, and con-
tinuous discussions ensued between counsel
upon the admissibility of certain evidence
At times some irritability seemed to be man.
ifested.
"Witness does not understand the rules of
evidence" said Scoville. ''Yes, but you are
supposed to-" was the reply. The witness
was asked if she had ever before been upon
witness stand, and replied with much EN-
phasis. s'no, and am not lawyer, either.
Mrs. Scoville's examination in chief was con-
cluded at l. At the request of Mr.. Scovllle
the cross was postponed to allow
Geo ID. Burroughs of Chicago, to testify,
as he desired to leave this afternoon. The
witness boarded with the ScOvilles at the
time of Guiteau's visit in 1873, and made up
his mind the prisoner was either fool or
crazy. He was satisfied that Guiteau was
unsound in intellect.
There was a brief interval before the next
witness appeared, and Guiteau, who up to
this moment had been completely engrossed
in his paper. took advantage of the oppor-
tunity and broke out with II desire to tell
all these crank newspaper men that appear
here az my own counsel; that is my answer
to all the silly stuff they have been deliv-
ering themselves of for some days past.
Some of these newspaper men have gone
crazy. l appear here in part as my own
counsel, as have a right to do under the law
and constitution of America"
No effort was made to check him, and no
notice whatever of the interruption was taken
by the court. How to silence the prisoner
and put a stop to his annoying interruptions,
has been a serious question with Judge Cox,
who has more than once consulted his asso
ciates upon the subject. TO remove the
prisoner from the court and proceed with the
trial in his absence was first intimated by
the court might be done, would deprive him
of his undoubted constitutional right to
confront witnesses against him, while to gag
him as the Judge. Saturday, threatened to
do, would be open to the objection that it
would serve as constant reminder to the
jury and exert, perhaps, an undue influence
upon their minds. The situation seems to be
an anomalous one.
So long as the prisoner insists upon acting
as his own counsel, the court cannot well de-
ny him the right without admitting his insan-
ity. The court cannot well punish him for
contempt, as he is already in confinement.
Members of the district bar deprecate the
severe structures which have been made upon
Judge Cox's failure to adopt some rigorous
measure, but are unable to suggest any legal
way out of the embarrassment.
C. H. Jocelyn of Lennox, N. Y, stated he
was business manager of the Oneida Com
munity while that institution had an exist
ence. Witness knew Guiteau during his
stay with the Community. Thought his
most marked characteristic was his intense
egotism. Witness was not cross-examined
but the District Attorney requested him to
remain in the city, as the prosecution would
probably desire to call him as a witness.
Jno. w. Guiteau. brother of the pris-
oner, was next examined. He had not been
on good terms with his brother for some
wears. but had not doubted his sanity until
he received some letters in October. Since
he had come on here and had seen his broth
er in the court room and at the Jail, he had
become satisfied that he was insane.
On being cross-examined, the witness adj
mitted that before he came to Washington
he had always, in talking of the case. said
that he believed him responsible, but no,
sane. Responsible, because he thought at
some period of his life the prisoner had vol
UNFAIRLY surrendered himself to evil practices
rather than good.
Guiteau WINGED under these statements
evidently fearing that his candor was injur-
ing his case, and with considerable bitterness
interrupted,
"My brother and have not been on good
terms for fifteen years. He always sympa-
thized with my father on that Oneida Com
munity business, while Scoville and my sis
ter sympathized with me. The last time
saw my brother in Boston We had some an
CRY words so that he does not come here to
testify for me with the interest that brother
usually does come. I'm glad to find he has
changed his views, however, in my case.
want the public to understand about this"
Guiteau continued to interrupt. explain and
correct the witness. Once Judge Davidge
attempted to stop him, but he waved his hand
imperiously, saying, 'you keep quiet, Judge,
if you please"
Shortly after the witness was asked in con-
nection with an incident he was relating, if
he at that time thought the prisoner insane.
Guiteau quickly anticipated his reply BY
saying "Why, of course. he has always
thought was badly cranked.'
Witness related the circumstances of his
dispute with his brother in 1879, when he
had very roughly elected him from his office
and struck him, and wrestled him down
s,airs. Guiteau acknowledged all but the
striking, and insisted that no blows were
struck.
Witness resumed ''He has probably for
gotten it. was very sorry for it and felt
hurt. For q man protesting the Christian
principles that do, it was very wrong
ssWell, Mr.. Witness, we are not trying
you for religious principles, said Davidge.
II know, sir, but am happy to be able
to make the public acknowledgement
The witness in reply to the question said
he never detected the slightest trace of in
sanity d his father #
A recess was then taken.
After recess witness was questioned at some
length as to the Guiteau family and instances
to the alleged insanity in the family. He did
not know of the insanity of his aunt and two
uncles except by report On being asked BY
Scoville what he meant BY saying his brother
was "Morally responsible" and 'sThat he
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