Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-22
FHE GREAT MURDER TRIAL
MIR. sCovILLE's OPENING ADDRESS
HE ARGUES GUITEAU,s INSANITY.
HEREDITARY IN THE PRISONERS FAMILY

HEREDITARY IN THE PRISONERS FAMILY
GUITEAUS REMARKS DURING THE SPEECH.
| at the City Hall this morning. Stragglers began
to arrive at the doors long before O'clock Police
men were stationed on the steps of the east wing,
and none but officials and reporters were admitted
to the corridor until the time for opening the court
room. The prisoner was brought up in the van,
attended by bis guard OF mounted police, at
O'clock. He was escorted at once to his
room up stairs, where he was served with
breakfast. Guiteau was in the best OF
humor, and the agitation, which was noticeable
yesterday had apparently disappeared. The
scenes in the court room before the opening were
was densely % packed % with people before oclock
The interest In the proceedings OF the trial seems
to be increasing. 1t was Wei understood what
the government would establish by evidence. The
defense Is breaking upon novel and interesting
ground. Mr. Scoville arrived at half past nine,
carrying in his hand merely two Or three copies
OF different law journals, and his memorandum
book. This seemed to be all the ammunition
he had for the long speech he was expected to
menced that he would probably speak all day, and
that there would be no witnesses examined to-day.
a notable no thing about the gathering OF spectators
The space within the bar resembles section OF
the orchestra at the opera; the dull browns, grayS
and blacks Of male attire being relieved by the
glorious autumnai hues OF female raiment. The
counsel, MIR. John W. Guiteau and Mrs.
scoyllle arrived early There We're three
day, Drs. Gray, Macdonald and kempster.
There were also other experts in the room.
AMONG THE SPECTATORS
were Hon. j. Bradford Prince chief justice OF New
Mexico, and bride, Mrs. Blaine and several lady
friends, Mr.. A. S. Solomons and family, DR.. Sum-
10 10
members of the Washington bar.
THE COURT WAS CALLED TO ORDER
at 1O:o5 O'Clock. and few minutes later the pris-
oner was brought in and the jury roll was called.
Gu1teau settled at once to his newspapers.
Mr. ScoviIIe's Address.
Mr.. Scovile then took his stand on the little
place before the jury and resumed the speech
which he began yesterday. There was, he said,
considerable prejudice against the defence of in
sanity; for that reason he had asked the jurymen
as to their opinions On that head. There had been
cases. he said, where the public were satisfied that
criminals had escaped punishment by that de-
teaf fence It It., was quite as probable, however,
Where 0e'en'' was as0 ,dnsy naayae4 rasea d.
quite as often, as it had been made the
means Of getting guilty men OF. He expected the
TO this evidence. The defendant was himself be-
fore them, and OF course they could not help being
Influenced by their personal Judgment of the men,
InaC was not exactly the proper thing for them to
90; they must keep their minds open to evidence
and not take their own opinion.
THIS MATTER OF INSANITY,
he said, was not a new defence by any means, but
there had been change in public opinion-a
change all the While progressing to better things
TWO hundred and fifty years ago, in England, it
was the law that the defence of insanity should
not prevail unless it was shown the defendant was
no better than wild beast. Public opinion and
all authority then upheld that as rule but there
fl,af dow
IN IaVor or more enlightened and careful
cons eonsideration OF this thing. About 1900, in Eng
oruer 10 snow that prisoner was responsible, it
must be shown that he knew the crime was wrong: :
mat ina he ne was doing wrong act As this matter
mas been developed there has been an advance
even upon that position, ana that was this: That,
ai,hough person knew the act was wrong, he
impulse. At this point many OF the courts rested
MIR. sCov1LLE DEFINES THE POSITION HE TAKES ON
THE INSANITY QUESTION.
There Is still further step he said, in this pro-
gram, and that Is the position he would ttempt to
have the court take in this case. That was that
the whole question of the criminality Of the ac-
cused depended On whether the act was Gone by
man insane-that is whether the mans mind was
trine II man did an act which he knew to be
M,a impulse held which h he re could not resist
conrv maS heia es aconft,no tae man courts M OF the
However, no two minds were alike: no two insane
men were alike; so it was impossible to adopt
OF insanity. II 1T was shown that the prisoner
was OF unsound mind; that he has been mono
conser ana whsaher the cm the %
committed the crime If he had been OF
sound mind, Judgment, and reason This matter OF
1t was not very long ago in this country that peo
pie We're punished for witchcraft What SPEC
tacle it would be If jury should sit to-day to bass
a wit yrif. .I,. r.
1t was perfectly evident that society was progress
ing, that there Was a continual onward move
re agents In this matter and their verdict would
be cited as illustrating whether the American peo-
pie would express the progress OF the times.
1T WAS wELL-KNOwN FACT
that In many cases the defence of insanity had
been put in; that the man had been acquitted,
and post mOrtem examination showed the man
was 1nsane-irrespOnsible for his act. In this
very court, not long ago, colored woman was
convicted for murder; the case was taken to the
upper court on exceptions Meanwhile, the de-
fendant died, and medical examina ton showed
beyond doubt that the woman was insane. This
was the case or a woman named Nichols That
was one OF numberless similar cases. In many
instances, these persons, who are condemned to
death and hung, have been shown to be insane.
Dr. Macdonald himself knew OF such a case and
had testified as to it. This defense OF insanity
was
NOT ALWAYS A SHAM OR DODGE.
1t was real defence, and the jury could not
afford to ignore it. People who were not experts
could not always judge OF these cases; neither
could experts always pass upon them. These
cases do not go by precedents. Only few DAYS
ago an insane woman in an asylum In Kentucky
was released and sent home as cured. After being
out Out! two weeks, suddenly, without premonf-
gafa graandchMIlhd nd to Jelly, and cut it or with
knlfe Ihat woman was discharged as cured
They always made the mistake on one SIDE
stating that person who was really insane was
sane They were never known to have pro-
nounced sane man insane. The insanity was
not always manifest case of absolute irration
alism-where the reason is entirely gone-Was
somewhat rare: He had report from one OF the
gentlemen now In cOurt-a Superintendent of an
aSylum-whO says his institution was visited by a
thousand people month, and q most ANNOYING
thing, was their constant questioning as to the
insanity OF people who appeared to them RATIONAL
the subject. ''-.nu
AN INSANE MAN ON GUITEAu's INSANITY.
Only last week, MI. ScoyiIle said, he had re-
ceived letter from one OF the inmates OF the gov
ernment asylum-a former member OF Congress-
from Kansas-whose letter was perfectly rational
He said IL was strange that he should be consid-
cred insane while Guiteau, whose family had
hereditary taint OF insanity should not SO be CON