The Portland daily press., 1881-10-15
GUITEAU ARRAIGNED.
The Wretch Almost Helpless
With Terror.
HIS DEFENCE sHADowED FORTH
BY HIS COUNSEL.
The Trial to Begin November 9TH.


| feeling of curiosity was manifested. There
| was no unusual display of police force in or
| about the court room, although there were
| large number of detectives present not in uni
| form.
For over half an hour business was suspend
| ed awaiting introduction of the prisoner.
At quarter past IL, Mr.. Scoville, counsel
for the prisoner, entered and took a seat at the
lawyers table. Immediately afterward came
Marshal Henry and two deputy marshals, hav-
| ing between them and hustling along the bow
| ed and covering figure of man, for whom
| they made way to the seat reserved for him
| beside his counsel. Then one of the guards
unlocked the handcuffs giving the prisoner
| use of his hands which he continued however
to hold crossed, as if that was their usual posi-
| ton.
| Guiteau looked broken in health. His hair
| Is closely cropped, but his cheek and chin
| whiskers are worn thin, out not long. His
| dark clothes were rusty and shabby, and his
whole person presented miserably neglected
| appearance.
| After the excitement attending his entrance
had subsidized, District Attorney Corkhill rose
| and, addressing the Judge, said:
"The grand jury of the District of Columbia
indict Charles j. Guiteau for the murder of
| James A Garfield. The prisoner Is in court.
| / ask that he be arraigned."
The prisoner was ordered to stand up, and
| in languid manner obeyed
| The clerks your name Charles j. Guiteau?
| and the prisoner assented by q nod.
The clerk then proceeded to read the indict-
/ mept, the prisoner standing up with his head
| most of the time inclined to the right shoulder,
| his eyes half closed OF wholly so, his hands
| crossed over his stomach, as if they still wore
handouts, and his general air that of sick]y in
| difference. The reading occupied nearly half
| hour and during all that time Guiteau
| hardly once changed his attitude or bearing,
| and rarely opened his eyes. He did not mani
| fest the slightest degree of interest in the
| scene, and but for an occasional slight move
ment might be supposed to be asleep in
| standing attitude.
| Upon the conclusion of the reading Of the
| indictment, the clerk addressing the prisoner
| said:
"what say you to this indictment, guilty or
not guilty"
The prisoner, in place of response fumbled
| in his waistccat pocket and drew out a soiled
| and crumpled scrap of paper.
| The District Attorney-(im peratively)- En-
| ter your plea of guilty or not guilty.
| The prisoner-I enter plea OF mot guilty"
| III your honor please, desire to make state
| ment.
| The Court-At some other time. 1t would
not be appropriate just now, sit down.
The prisoner thereupon took his seat.
District Attorney-In this case, ask that
trial be set for next Monday morning peremp-
| torily. The government is ready for trial now.
Mr.. Scoville-I appear here for the defend
| ant, at his request, and / have some affidavits
| to present to The court, the first being that of
the defendant himself. The affidavit which
was read states that there are various witnesses
| whose evidence is material for the prisoners
| defense, and without which he cannot safely
| go to trial, that the names and residences
| of such witnesses, and the facts that can be
proved by them severally, are all known to the
| affiant's counsel, Mr.. George Scoville and are
only known in part by the affiant; that he has
no money nor property, and is unable to pay
the fees or mileage of witnesses, or cost OF
summoning them. He therefore prays that
the court shall allow such witnesses on his be-
half as may be shown by affidavit of counsel to
be necessary, the fees and costs to be paid in
such manner as those OF the government wit
| nesseS are paid.
Mr.. Scoville then read an affidavit made by
himself. 1t states that besides the points of
| law that may be made the defence will consist
| of two points; first insanity of the defendant
| and second that the wound was not necessarily
| mortal and was not the cause of President
| Garfeld's death. The affiant had endeavored
| to obtain the names and residences of witnesses
for the defence to prove the material facts on
the question of insanity, but had been unable
to do so because the defendant dds seem to
understand and refused to acknowledge the
effect of common and established rules of evil
dence in such cases. The affiant believes
this difficulty to arise from the very fact which
such evidence could prove to wit, defendants
insanity, and vet he knows of no means to
overcome it, For that reason chiefly the affi
davit OF the afiant became necessary in the
case. lie Iurtn6r says Sluc6 u6 was employed
in the case ten days he has done what he could
to prepare for trial and especially has he made
such inquiries as he was able to make to find
witnesses for the desence. He further says
that the names and residences OF such witness
es are as follows: John VI. Guteau of New
York; G. A. Parker, VIM j. Maynard, Fran
els w. S. BROMLEY, Orson w Hoyt and Francis
M. Scoville of Chicago. The affiant expects
to prove by these witnesses the defendants
tendency to hereditary insanity, not only by
hr,Sh hff,frf rct hat
one d. w. Guiteau, a brother OF defendants
faith r. was insane and died in an insane asy-
lum in New York many years ago; second, that
one Augustus Parker, cousin of defendant, a
son of his fathers sister, was insane aud died
four years ago III an insane asylum in Cook
county, H., third that another cousin of de-
PENDANT, one Abbie Maynard, daughter of an
other sister of deiendant's father, has been in
sane for many years and is now confined in an
insane asylum in Michigan, and further that
Luther W. Guiteau, father OF the defendant,
was monomaniac on the subject of religion
for many years.
The affidavit further says that he expects to
prove the actual insanity of defendant himself
on different occasions BY Il. G. Scovill eand
Geo. T. Burrows of Chicago, John A. Noyes
of Niagara, ILL.,, Jno. A. Rice of Waukesha,
Mich and Mr. Bradley of Chicago. The affi-
ant further says that he expects to prove by
Mr. Foss of Dover, N H., that he was present
at the time and place of the shooting, saw de-
PENDANT and heard what he said, and that de-
fendaat's acts and words on that occasion
showed'unmistakably that he was insane.
The affidavit further says it is important and
necessary for the defence to have the testi-
mony of experts on the subject OF insanity in
addition to witnesses of facts and that he ex-
poets to prove the defendant was insane at the
time of the shooting BY the testimony OF COM
petent Witnesses.
The affidavit also expects to prove by the
following named competent medical experts,
VIM A. Hommond, New York; j. Marion
Sims New York; Moses Gum, Chicago; and
Edmund Andrews, Chicago, that the wound
was not necessarily fatal and was not OF itself
the cause of the death of James A. Garfield
but that death ensued as the result of mall
practice of the principal physician in charge of
the wounded man.
The atiant has reason to believe and does
believe there are material witnesses for the
defence whose names and residences are at
present unknown to him ON the question of in
sanity, that thus far affiant has not been able
to obtain information from defendant himself
or otherwise with any particularly as to where
he has been or as to the persons with whom he
has associated for some years past so as to
know whom to call as witnesses, but atiant
believes that upon further inquiry and within
thirty days he can ascertain the names and
residences of many such witnesses whose testi-
mony would be very material.
Affiant believes as many witnesses will be
necessary on the part of the defence as ap-
pears on the list of witnesses for the prosecu-
ton, to wit, forty-four and the court is re-
spectfully asked to make an order allowing
any number of witnesses not exceeding forty
four to be subpenaed on the part Of defendant
as his counsel may from time to time deem
necessary.
Atfiant further states that the defendant has
no means of payment of any expenses and af-
FAINT himself has received nothing and expects
to receive nothing for bis expenses, disburse-
ments, sc. The Court will readily perceive it
is of the utmost importance not only to the
prisoner himself, but to the public at large
that the prisoner should be well represented in
his defence. 1t seems to be utterly impracti-
cable that the trial should take place next
week If Gen. Butler should decline to APP
pear in the case it would be proper for the
prisoner himself to indicate to the Court his
choice of counsel.
The affidavit having been read, Mr.. SEQ
Vile said: have endeavored under instruc-
tions of the defendant to secure competent
counsel to attend to his defence. am, my
self, not familiar with criminal law or crimi-
nal practice and would not feel competent to
take upon myself the defence. l have acted
alone thus far merely from force of circum-
stances As soon as application was made to
me to act for the defendant and in accordance
with his request 1 asked Emory A. Storrs of
Chicago, gentleman conversant with crimi- |
nal law, to undertake the defense. Mr. |
Storrs said that his engagements were such it |
would not be possible for him to. | next APP
rl;od +o P;ohard Marrink of this citv md |