The daily gazette., 1881-11-21
from the world Of Saturday.


The Tragic Farce at wash fngtons
Everybody appreciates the position of
Judge Cox. Like everybody else, he is
aware that Guiteau is guilty and has
absolutely no defence, and simply be-
cause Guiteau has no defence he Is more
careful to give him every chance and TO
avoid all appearance of harshness TO-
wards him than II IL were doubtful
whether Guiteau was the wilful mur-
derer of General Garfield. This is a
very proper feeling 80 long as 1t is not
suffered TO thWart the orderly admin
stration of justice. But for low three
days Guiteau has not only been intensi-
flying the public detestation of him
which in itself may moi be bad thing
but he has been obslructing the ad-
ministration of justice, and his actions
have tended TO bring Judge Cox's court
nto public contempt. No judge Is
called upon to stand this, even from so
pitiful q wretch as Guiteau. Moreover,
no judge is justified in making threats
which he does not mean to execute.
Judge Cox has for these three days been
threatening to put Guiteau out Of court
II Guitesu did not behave himself. At
ter Guiteau had once misbehaved HIM
self with impunity, the threats only
seemed to make him more impudent,
and yesterday he actually defied the
Judge to put stop 10 his Interruptions.
1t has the semblance Of injustice, no
doubt, to try man In his absence, and
this is probably the [eason why Judge
Cox has not before this executed his
threat. But II Guiteau were restrained
say with q gag-from interrnpting
the proceedings of the court, or put into
the custody of bailiffs instructed to tap
him on the head whenever he opened
his mouth to address the Court, but to
allow him to make suggestions TO his
counsel, the en- s OF public justice aud
of public decency would beth be served.
The trial of Guiteau emphasizes the
| complaint which almost every trial for
murder justifies OF the absurd dilatori-
ness of The ad ministratlon of justice In
| criminal cases. This Is sometimes des-
| cribed as q weakness of the "Apglo-
Saxon race" In fact, however, our
practice is very much worse than the
English In this respect. The indictment
there follows the capture more quickly,
the trial the indictment, the conviction
The trial and the execution the convic-
tios. An English criminal trial Is much
shorter as a rule than a criminal trial In
this country. Guiteau's trial would not
last more than week If his trial were
10 be had IN England, and his execution
would follow within fortnight of his
conviction. Let alone The absurdity of
taking up weeks of what is supposed TO
be the valuable time OF court in case
which has already been virtually tried,
and Of maintaining Guiteau at the
public cost,L exemplary effects of pun
ishment, for which only, according to
some jurists, we are entitled to infllct
punishment, are weakened with every
needless day that elapses between the
crime and the punishment.
If Guiteau had been hanged and
served right by mob ON the day of the
murder, the lynching would have been
disgracetui, of course, to the people of
Washington, but it would have had q
wholesome effect upon persons who
were considering whether or not they
should commit murder. 1t is not neces-
sary to lynch a murderer in order to
punish him so promptly as to strike ter
ror into other evil doers. The Pressi-
dent has been dead for two months. 1t
Is reproach to our administration OF
justice that his murderer should still be
alive. And IL is not by reason OF any
defect In our law that his murderer ID
still alive, but merely by reason of q
habit of dawdling which seems TO be
common to all our courts. They seem
TO proceed upon the assumption not only
that it is better 10 do justice deliberately
than to run the risk Of doing injustice
hastily, which is entirely true, but thai
so long as justice is done 1t does nsl
much master whether or not it Ii
promptly done-and this Is entirely
false. Granting postponements fol
frivolous reasons, permitting the exam
nation of superfuous witnesses or OF
! ! witnesses on superfuous or irrelevant
points, and the like, are matters within
the discretion of the court, and it Is tht
Judges who are TO blame for permitting
them. In this case 1t is already prove,
that Guiteau shot Garfield, and the
> prosecution has shown express malice
. The prosecution in fact has already
, made out its case. The only possibl
T defense Is insanity. The attempt t.
! show malpractice would be simpl
s t,ifling with the court. After reasons
= BILE number of witnesses upon the poin
n of insanity have been called the cas-
= will be ready for summing up. In othe
t words, .here is not q weeks work re
j. naming to be done; and yet nobod
o imagines that the case will be finishe
Y in q week. Why not?