The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1881-12-02
THE RATTLE HEAD on TRIAL


Montana journalists are not generally
"learned In the Law ss the professional and
statutory phrase goes. Parenthetically, lay
ing aside for the nonce all personalfeelings
and all personal Identification, we believe
them In the aggregate and In this respect -
intelligent, conscientious and qualified q
body of men as exist anywhere. With, per-
haps, as much ability to Judge, and to judge
rightly, as the public opponents In any COM
munity of like numbers anywhere, there has
Away been here, and still exists, an indlspo-
sition to question or criticise the action OF
the judiciary. Time and again 1t has doubt
less appeared in the experience of old Mon
tana Newspaper men, that the action OF the
courts was q gross violation of justice-a trav-
esty, a fraud and an outrage. But IL has been
the custom of newspapers In Montana TO &C
cept and sustain judicial action without crit
icism. Whether this Is wisest In country
where lynch law is liable TO develop III it can
have encouragement Is not now the question.
Or whether the journalists elsewhere, who
seize on cases, investigate, discuss, and decide
them In advance Of the courts and criticise
the subsequent action of the courts from the
standpoint of newspaper opinion are more in
telligent and better qualified to review and
criticise judicial action is not at issue; nor
are we disinterested judge. We may sug-
gest here, however, that it Is probable dis
position to maintain and encourage respect
for statutory law and established methods OF
determination when recourse TO unlawful
methods is threatened, has Influenced Mon
tana journalists until we are scarcely indie
pendent enough in expressing denunciation
of crimes and criminals and the tricks of law
by which the latter escape merited punish
ment when defended by expert lawyers. Be-
lieying that 1t Is better TO bear the ills Of oc-
casisnal injustice TO the community than to
see lynch law prevail, we have, perhaps,
reached condition of non-interference and
non-ciiticism that is neither wIsest nor best.
These observations are Induced by the crit
icisms being made In the east on the Guiteau
trial. The court Is pronounced imbecile In
all the variations, and maledictions hurled
with vehement earnestness. To US, II the
result shall justify, these things seem pre-
mature. 1t is true the federation of Gui.sau's
Interruptions, speeches, and CALCULATIONS 10 a
nuisance. But it is questionable If his re-
moval from court while trial involving his
life was In progress would be sustained, and
it would be novel proceeding to gag him.
What course must the court then pursuer 1t
seems he will have TO be tolerated; and then,
with the jury cognizant of his method and
manner, they will be better qualified to de-
termne upon the question of his ,esponsi-
bility under the law, which seems to be the
main question at issue In the case. The as
sassination by Guiteau will be proven; NAL
practice will not be proven. The. verdict
will turn upon the charge of the Judge as
affecting Guiteau's responsibility under the
law for the murder of which he stands gull
ty. That he is sane enough to be held legal
ly responsible we believe. 1.-The is not, the
several States and Territories had better en-
act laws that will place In durance the tens
Of thousands Of fanatics and rattleheads THAI
are supposed to harmlessly infsst the country,
Cor there Is not community Of thousand
souls in the country that can not duplicate
Guiteau In all save the fact that he has killed
a man. If Guiteau were removed from
court he would get new trial; If he were
gagged II would impress the jury that he is
sn irresponsible mailman. To allow him to
remain will enable what is believed to be a
good jury to better estimate his character
and de.elmine us to his responsibility. We
believe this 10 be the object of Judge Cox
and that the endurance of Guiteau's freaks,
real or simulated, is with this object In view.
If Ii shall result in q charge that will con-
vince the jury, with their own observation
chat Guiteau Is sane enough to be responsible
before the Law, the Judge will have been JUS
sIuru IN enduring tine uffyei or Ine assassin.
II, on the other hand, he shall be acquitted
by charge Of Judge and finding of jury, 1t
may lead Montana journalists, among others,
TO be more skeptical of judicial justice, aud
TO sympathize with the sentiment prevailing
that tragic trisi may be but a mockery and
a face.