The Portland daily press., 1881-10-15

"As yet am alone in this matter. Ihave no
one to help me, not even clerk TO prepare
and copy papers. This work of getting up evil
dence, looking up witnesses and subp@uaing
them all devolves upon myself. All ask Is
that such action may be taken by the Court as
will enable me to get witnesses into Court.
There are certain indictments on the docket
which are ahead of this case. ! believe the
Star route cases are ahead OF it. The defend
ant can lie in Jail few weeks longer without
harm to himself or to the Government. At
the same time want the Court to understand
that there is no disposition so far as am con-
cerned to postpone the trial
The District Attorney-My own Judgment 10
that the trial onght to take place as soon as
possible. The Government is ready and the
trial should not be unduly postponed. The
gentleman representing the prisoner occupies
the double capacity of counsel and OF relative.
He is thus enabled to know definitely as much
as any man can possibly know about the his
tory of the prisoners life. The defence has
foreshadowed their points in this case; first,
the question of Jurisdiction; second, question
of insanity; and third, that the death OF
James A.. Garfield was occasioned by
malpractice. The law is extremely liberal
TO persons accused OF crime. This lib
crafty has almost interferred with the proper
punishment of criminals, but the law has
never gone so.far as your Honor is now asked
to extend it, The law provides that prisoner
shall have the process OF the court to compel
the attendance of witnesses, but the law binds
the hands of the court and restricts Its dlscre-
ton to cases of witnesses being within its jur-
isdiction or within hundred miles OF the
place of trial. As to summoniDg experts on
questions of insanity or as to summonlng emf
nent surgeons on the question OF treatment,
your honor has no power to do so. 1.-THE
prisoner desires the attendance OF witnesses
within hundred miles of Washington, and if
your Honor thinks their testimony material
enough to justify the subjectio n OF the United
Stotes to the expense shall make no objec-
ton, but as to these other witnesses your
Honor is entirely powerless to mako any order
about them. Their testimony, II necessary at
all, can be taken by deposition.
As to the preliminary question OF jurisdie-
tion 1 ask your Honor that that question
be assigned for hearing at very early day and
before the trial. Another request / have to
make is that the day be fixed for trial shall be
peremptorIly fixed and that the prisoner and
his counsel shall understand that 1t means the
day for the trial and not the day for presenting
atfidavits for another continuance.
After some further discussion the Court said
If assistance could not be otherwise obtained
he should feel it his duty to assign counsel for
defence He then fixed the time for trial as
Nov. Z. The question Of jurisdiction is to be
decided by October 80.
While Guiteau was being arraigned q large
81 zed man approached some of the officers OF
court and asked for q loan OF pistol. His en-
quiries causing suspicion he was taken to po-
Ice headquarters, where he gave his name as
George H Bethard and showed diploma ~ q
lawyer, issued to him June 23d, in Columbus,
OHIO. He said he fought in Garfeld's regi-
ment and showed the wounds which he said he
received at the battle of Shiloh. He has been
doing clerical work for lawyers in this city.
He heard Guiteau was to be arraigned to-day
and intended to get q "bull dog" pistol and
shoot him at City Hall. He took his diploma
with him to ensure getting into the court room
as member of the bar. He evidently had
been drinking.
CHICAGO, Oct. 14.-Drs. Moses Gum and
Edward Andrews of this city, both of whom
are included in the list of medical gentlemen.
Counsellor Scoville wishes to have examined
on the point of malpractice in the case of the
late President Garfield, both unhesitatingly
declare that they know of no reason why the
counsel for Guiteau should require their testi
mony, unless it is that he desires to secure de-
lay in the trial. Neither of these gentlemen
men have expressed their opinion upon the
medical treatment of tho late President that
will justify the grounds assumed by the coun-
sci in calling for their evidence at the forth
coming trial