The Evening critic., 1881-10-26
GUITEAU,S TRIAL
Postponed Until the 18th of Novcsn.


would be made this morning in connection
with the uuitcau case, the Criminal Court
was crowded with lawyers and spectators
before Justice Cox came upon tho bench
Mr.. Walter ID. Davidge occupied n seat by
District Attorney Corkhill, and Messrs,
Leagh Robinson and George Scoville, coun.
sci for Guiteau, occupied seats at the Attor-
ney's table.
Mr.. Robinson arose, and, obtaining the
attention ofthe court, stated that ne desired
to make a motion m thu ease of Guitcau.
He wished TO Obtain longer time to prepare
| for trial, and II was with reluctance that he
asked tho postponemcnt, as he did not wish
| to delay the progress of the trial unnecea-
sarily. His Honor probably was aware Of
the fact that no was taken from
the midst Of his professional engagements.
He had now case IN the United
States Supreme Court which would be
reached In short time. Also another,
which was set for trial in Fairfax County,
Va, ut the very time tho Guitcau case was,
and lift was postponed that would carry IL
over for six months. In this instance he
asked for n postponcment because the time
was short. and he had been unable to have
more than one consultation with his col
league. Up to the present he had not seen
the prisoner except at the time of his being
hiidlSnth. Ilt WiSitu W TtHllnu
the Court that in this instance
his position in the case was more like repre-
senting duty then a client ms he had not
been retained, but assigned by the Court.
He should not have asked for the postpone
mcnt had 1t not been made necessary in or
der that he could properly prepare TO de-
fend the accused. If, rs n result of the de-
lay, IL should be shown that tho time had
not yet arrived when sane man would kill
the President of the United States simply
because he is the President, he should be
greatly relieved. He reported when assigned
to the case that he was In the midst Of en-
gagoments, and It required some time to ar
range his business in order to properly en-
ter upon the preparation of the case, and
thus far he had given little time to it,
District Attorney Corkhill said that under
ordinary circumstances he would not make
any serious opposition to the application for
| n postponemcnt, but the circumstances rs to
the setting of the case for trial were of n
peculiar nature. When the dcy was agreed
upon, il was fully understood at the time
that it was prrcmptorily fixed for Novem-
Der 7, and when Mr.. Robinson accepted the
assignment made by the court he knew
when the trial was to come on. While his
engagements were urged rs u reason for
n postponement, it ought TO be rcmem-
bered that there was employed by the
Government eminent counsel, whose en-
gagements were as important as those of
Mr. Robinson. referring to Mr. Davidge.
Judge Porter, of New York, had tele-
graphed him this morning accepting the
position of associate counsel, and it could be
seen what complications would arise out of
a postponement. What prospect was there
that this man could prove, as he says In his
statement, that an insane man killed the
President? He committed brutal, most
heinous crime. II mcrited prompt and
severe punishment, and the people of the
whole country were waiting patiently to
see this man expiate his crime, and he
should strongly protest against postpone
ment.
Judge Cox said that it was due to justice
that this man should have fair trial in
every sense that the meaning of the word
could imply. 1t was, to some extent, re-
markable and exceptional case and on that
account should receive grave consideration.
When the proposition to set day was first
preached he was undecided whether to des-
ignate the 18th or 14th of next month, but
finally fixed on the first date. He had con
cluded to allow the additional week and
would set down the 14th of November rs
the day positively on which the trial should
begin.
MT. DuNiuSc llluulrcu Wiiit WIS W DC uOnc
with the question Of the jurisdiction of the
court. He had understood that it would be
considered before the 30th instant, and
should be before the trial came on.
His Honor thought that if it was to be
argued at all it should be preliminary to
the trial, as it might obviate the necessity
of a trial at all, and that point should be
settled at the proper time, before the trial
day came on.
Mr.. Scoville had stated that he had adj
vanced the point in relation to the juris-
diction of the court, but upon examining
into the matter he was satisfied that the
court had jurisdiction. He would not at
tempt to argue the question against his own
convictions. So far as his associate counsel
was concerned, he understood that he was
of the same opinion.
Mr. Robinson said that at present, while
he would not positively commit himself,
still his view Of the question of jurisdic-
ton, at present, conceded with that of his
associate in the case.
His Honor replied that, of course, the
statement would not bind them, and then
declared the trial definitely fixed for the
14th proximo.