The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-11-14
ABOUT THE ASSASSIN.
THE PRELlMlNARlEs OF THE TRIAL
which Begins TO.dAy-Ths Mental Condition Of
the Uahuag VnlAlR-ThS ValuS Of thSTsI.
tInODy Of E1pSrlS-Dr. GOddlng'I
OpInIOn-SeOTIIle'S Views.

W AaAANNANEl @'NNNAetSA 49, SAN AASAN
day morning the trial OF Guiteau, whicl
the counsel on both sides expect to see pro
longed through several weeks at least, be
gins, Judges on the bench and counsel al
the bar agree that there need be but little
delay over the selection Of a jury, The
corpus delicti being practically admitted
and the connection OF the accused with II
conceded, there is nothing but the question
Of insanity for the jury to settle. 1t is
deemed quite improbable that many Of the
panel will have formed an opinion respect
ing the sanity Of the accused that can not
be shaken by evidence, The preliminary
details having been arranged, the facts re-
Specting the assassination, the connection
Of Guiteau with 1t, will be pressed. Prob
ably no attempt will be made to disproye
any Of these facts Then will begin the
long struggle over the question Of insanity.
This Is OF course the vexed question upon
the solution Of which the outcome depends:
II the accused is adjudged to have been
non eompos Dlertis when he assassinated the
President, he can not be punished. The
Government has suppGnaed number Of
experts who are convinced that Guiteau
was and is insane, No one can say what
the outcome OF this conflict will be, but ii
Is believed that the defense has now the
stronger case. OF course the examination
OF these witnesses and the arguments on
the points OF law involved will take up q
great deal OF time, There seems to be little
doubt that the defense will, In addition,
raise the question Of jurisdiction. II may
not be raised perhaps until the charge TO
the Jury Is TO be delivered. Then Judge
Cox will be asked 10 instruct the jury that
the Court having no jurisdiction, the aC-
Cused must be acquitted, II he grants the
prayer, then the jury will acquit, II he
denies the prayer, then the defense will
present bill Of exceptions, upon which,
after the trial, they will take the case on
hdbedS corpus to higher Court.
Incidentally, too, 1t Is understood that
they will raise the question Of malpractice.
They propose to make us stubborn and as
vigorous defense as possible. The prosecu-
tion will DO rs determined and MS jealous.
The District Attorney and his associates,
Judge Porter OF New York, and Walter d.
Davldge, Of the District have been in con-
sultation all day. They will leave no stone
unturncd to prove Guiteau responsible for
his crime and to secure his conviction and
punishment.
They will attempt to prove q coupled
motive, compounded OF desire for re-
yenge and q desire for nOtorety.
Speaking OF the nice questions raised by
the plea OF insanity, Dr. w. W. Godding,
Superintendent OF the Government Hos
pital for the Insane, said the expert testi-
mony introduced on such occasions is Of
little value.
Counsel for the prosecution comes to m
expert, ascertains that he believes the nc
cused was non conlpos mentiS when he COM
mitted the crime, and has no desire to
subpoena him. Counsel for the defense
learns what his views are and subpnnas
him. lie Is ptted against another expert,
who believes the accused to have been
sane at the time OF the commission OF the
oiEense. They neutralize one another. Such
question ought TO be referred to Com
mission. II Is In some States The measure
Of responsibility differs, OF course, in every
case. Some lunatics are responsible for
many, perhaps most OF their acts; others
are responsible for few or none. Some OF
the inmates OF the hospital are permitted
the freedom OF the grounds unattended up
on giving their parole. Should one OF them
wander Off It might be quite difficult to say
whether or not he was responsible for
breaking his parole. There can be no ac-
curate general test. Opinions given on
hypothetical cases carefully prepared by
counsel 80 as 10. present all the facts favora-
bic to his side oil the case arc practically
worthless nor does It enable an unbiased
expert TO pronounce correct judgement to
give him access to the prisoner.
The question 10 be answered Is
not whether the accused Is now sane,
but whether he was sane or insane at the
time OF the commission OF the ofTense. OF
course II he Is a chronic maniac there Is
little doubt that he was at the time OF the
commission Of the otlense. But the diff
cult cases, those, too, In which experts are
always called In, are always those in which
doubt exists as to the present sanity OF the
accused, doubt will arise respecting his
sanity at the time he did the unlawful act.
II 10 very hard question to answer. 1t
cannot be answered a pri0ri, nor after in
spections OF the man OF straw that counsel
for either side sets up, but after being in
formed whether insanity Is hereditary in
the family OF the accused, whether he has
lived an eccentric, Cranky" life, whether
he was Under the influence OF powerful
delusion or o strong hAlluCination at the
time he committed the otiense; whether he
gave evidences at the time and Just pre-.
ceeding and Just after II OF unsound mind,
an expert ought 10 be able to say whether
the accused was responsible or not. II all
these questions were answered by proof In
the affirmative, l think his decision would
be apt to be that the accused was not re-
gponsible."
scoviLLg TALKS.
"1 do not think Il will take much time
to get jury" said Mr.. Scoville, Gulteaus
counsel, to-day, 10 reporter. 1--WE can
not expect 10 get jurors who have not
formed and expressed an opinion on this
case, and, so far as am concerned, will
not try 10 get such Jurors. II ought not 10
take more than two days TO get a Jury"
"1Iow long do you think the trial will
take7"
"At least a month, and probably nearer
three months than one month. There are
about 100 witnesses on the list inade out
by the District Attorney, and we have
summoned seventy.ilve. YOU can see that
II will take some time TO get through with
them, and lues.ionsoi law will arise which
will have 10 be argued by counsel, and will
all ptolong the trial"
"ls there any chance Of Mr.. Train com.
HThefe may be some chance yet YOU
see the first part Of next week will I've