Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1881-11-10

production Of papers that might be
evidence on the prosecution. On that
score. however, there would be no diE-
fcuity. Scoville remarked that the
matt had hardly been presented the
other day. but exactly in the view
which he had of it. There were three
classes Of papers in possession of the
district attorney, and he considered it
very imporlont that the counsel for
the prisoner should not merely have
the inspection of papers for consulta-
ton among themselves and with the
prisoner. There could be no difficulty
about the custody of the papers, be-
cause a receipt could be given for
them and their contents could be as
certained and noted In the first
place there were certain clippings from
the newspapers which had been gath
cred up by the prisoner during the six
weeks before the shooting, the reason
why the counsel for the prisoner want
ed them. and why they were entitled
to them; that these clippings were ev-
idence for the defense as to the infu-
ences that were brought to bear on the
prisoners mind, and of the motives
which operated on him finally in COM
hitting the deed Ordinarily, of
course, an application for things of
this character in possession of this at
torney, might not be proper, but in
this case the defense consisted of the
claim Of insanity. There was print
ed book of the property of the prison.
er which had been taken from him
during the six weeks before the act
was committed Guileau was (as he
understood) engaged in making nota-
tions in that book; noting all along
the margin. These things we're i'm
portant as il dicating the condition Of
the prisoners mind what he was
thinking of-hearing upon the ques-
ton on mental soundness and legal
responsibility; for the defense were
entitled to them before the trial
They were not bound to look to the
grace of the district attorney to obtain
their evidence; they were entitled to it
themselves-to examine it, to canvass
it in all its bearings, so as to see wheth-
er it was proper thing to produce in
evidence, as they now believe it was,
Lastly, three weeks ago the prisoner
had proposed in a communication
which he desired to have published and
sent in an envelope with a note to him
self (Scoville). The warden had
brought it to his room but not finding
him he had left it with the district at
torney That letter and communica-
ton he had been Enabled to get. He
had applied to the district attorney
repeatedly for them, but had been un-
able to get them. He submitted the
matter to the court He was not ask
ing for anything as favor, but he held
that he was entitled to those papers
without any qualification. Judge Cox
said that in regard to the papers he
would say that the counsel for the
prisoner was entitled to them, but in
the absence Of the district attorney he
could not make an order. As to the
book referred to the district attorney
yesterday told Robinson that he would
give him copy of it.
Scoville--''But copy is not suffi-
cient"
Judge Cox-''I don't see that [
have any power to order the district
attorney to deliver any letters that he
holds, and which he may desire to use
as evidence, aud [ believe he is willing
to give an oportunity to examine every
thing he has | don't think my order
will BE- necessary. However, | will
consult the district attorney as soon as
he comes into court, and probably the
matter can be accomplished without
any formal order =
Argument in the star route cases
was then resumed. Brewster, Of Penn
sylvania, addressed the court at length
in support Of letting the information
stand and making a close light of the
argument. He made some points
made by Bliss, that while it was more
desirable to proceed by the indict-
ment found by the grand jury, the
necessities Of the case rendered the FL
ing of information perfectly proper
and legitimate. He characterized the
pending motion as an effort to shirk
and sneak observation, an effort made
on the part of the man whose honor
was impeached by his being charged
with official embezzlenent and public
robbery.