Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-12-29


''moral insanity" person Of average intel
lectual ability Who gives loose reins to the
evil tendencies and commits heinous crimes.
The witness vas asked in the form of .
hypothetical question, setting forth Guiteau's
apparently rational conduct for weeks prior
to the shooting Of tine President: Whether
| person Who believed himself to be the SUBJ
ject Of direct inspiration from the Deity to
perform q certain act, would come 1t his
purpose, as the prisoner had dnne. and re-
piled that he did not believe the Deity ever
| inspired man to take the life Of fellow
creature that if a person laborsd under an
insane deiusiop that he was inspired to kill
the President Of the United States. he would,
even if he did not talk about it, disclose his
| purpose by his changed manner and con-
veTsation.
Witness not having heard the hypotheti-
cal questions. they were read TO him by Col.
CorklIill. Guiteau prefaced the reading by
saying: Your whole question is full Of false
hood and misstatements- I make this as
sertion now NJ the outset, 10 avert Interrupt
ton as you 60 along.
Witness believed, taking the facts set forth
to be true, that the prisoner was undoubtedly
insane.
Guiteau again commented: Two-thirds
Of that stuff is all bosh after the cross-exam-
inafion.
| Recess.
After recess Mr.. Scoville entered the court
room with plaster cast Of Guiteau's head,
which was taken by Clark Mills, some days
since. IL was examined by experts, report
| ers and others, and created quite stir for .
few minutes.
Mr.. Scoville stated that Mr. Mills was
present, and if no objection was raised, it
| would consult his convenience to be put up
| on the stand now TO identify the cast.
Judge Porter-It seems to me, your hon.
| or that the convenience of the prisoner. Of
his counsel and Of the witness should be sub
0rdinated to the convenience Of the court
and the jury, who have already been detained
too long upon this case.
| Judge Cox-You may resume the cross
| examination Of the witness upon the
stand, Mr.. Scoville. You shall have an OPP
portuniiy Of introducing the cast before you
are through.
Mr.. Scoville then put hypothetical ques-
ton which embraced the clause. Suppose the
prisoner believed himself to be partner with
Jesus Christ.
Judge Porter arose and protested against
the question As blasphemous and that il
would be a disgrace to q court of justice and
to Christian nation to allow il to be enter
tanned for moment
Mr.. Scoyille replied that If no allusion
could BIZ made to what was claimed by the
prisoner to be the actuating motive or infiu-
ence that led to his act, then the whole de-
fence would be wiped away at a single
stroke.
Judge Porter proceeded to insist upon his
view in his most impressive manner and
declared that the time had come when. in the
name Of the American people and on behalf
| of the government in federal court, he felt
it his duty to demand that the prisoner be re-
manded to the dock.
Guiteau-Oh, you do, you big mouthed
Porter.
The court officials sitting behind the pris-
oner attempted to quiet him. when he whrled
around and snarled at one of them: Will
you mind your business Or III slap you in
the mouth, you fool you.
Judge Porter continued his remarks, and
Guiteau again interrupted him and shouted
out: Well, you had better mind your bu-
siness.
Judge Porter-That is my business here
today, and your honor, | must now insist
upon my motion OF Saturday, that the pris-
oner be removed to the dock.
Scoville arose to speak when Judge Cox
said: Let me know first if the counsel de-
sire to be heard upon the motion to remove
the prisoner to the dock.
JUICE bdNIuSc tHtu ptoteeucu W speak oH
the motion. He believed that the time had
come when every one present was satisfied
that the prisoner was perfectly sane in res
pect to his behavior, and amenable to the
same rules as other prisoners. In the case
| Of General Sickles. who was tried in this
court for murder, the judge refused to deviate
from the rule, although he was a distinguish
ed LAWYER and member Of Congress at the
time, and he sat in the prisoners dock during
his trial.
| Mr. Scoville arose and said that he would
consent to any proposition which might be
deemed necessary, as no one had suffered
more than he had from the prisoners be-
bavior.
Guiteas-well. its because you are jack
ass on this case but if | had decent counsel
l shouldn't ha We any occasion for remarks.
You are doing well enough on your theory,
but your theory is altogether too narrow.
You haven't got brains enough for this case.
Col. Reed denied the assumption that the
prisoners sanity had been established. No
human knowledge could fathom the workings
of the insane mind, and humanity
would dictate if a reasonable doubt should
exist that leniency be extended toward him.
He thought an idmonition from court would
suffice.
| Co. Corkhill insisted upon the removal of the
prisoner 10 tue uOck, ana removal from
around him of special policemen who were
not regular attaches of the court. and that he
should be kept in the dock with no other pro-
lection than is accorded any other pris-
ouer.
| Guiteau (trembling with anger or appre-
hension) shouted out: You want to shoot me
do you, Corkhill you can't convict me, so
you want to get me shot. You might as
well hang me up outside and tell the mob to
shoot at me. tell you (raising his voice
almost to shriek) God Almighty would
curse you, sir, if was put in that dock and
shot, YOU miserable wretch.
Scoville with much feeling protested
against the proposition of the district attor-
ney, which could not be understood by any
one as other than an invitation to all who
heard it to shoot the prisoner if opportunity
afforded.
After q most impressive argument by
Judge Porter. in which he repealed reflection
of council for defence upon the district sttor-
ney.
Judge Cox gave his opinion, stating that
no certain measure to silence the prisoner
could be taken that would not have abridged
his constitutional rights, whereas, it
has been deemed, and he thought
a