The Benton weekly record. [volume] (Benton, Mont.) 1880-1885, 1881-10-27
stated them in the affidavit as fully as / am

should be well represented in his defense.
1t seems to be utterly impossible that the
trial should take place next week. Il
General Butler should decline to appear in
the case it would be proper for the prisoner
himself to indicate to the court his choice
Of COUNSEL Seoville then proceeded to
discuss the question of procuring the at
tendance Of witnesses from abroad and hir-
ing experts, to be paid by the government
He claimed that under the statute in ques-
ton it was entirely under the discretion of
the court. He said Gas yeti am alone in
this matter and have no one to help me, not
even a clerk to prepare copy of@papers.
This work of getting up evidence, looking
up witnesses and subppnaing them all de-
wolves upon myself. All ask il that such
action may be taken by the court as will
enable me to get witnesses for the defense
into court. On some questions stated in
the affidavits, I am perfectly willing TO
take the deposition of witnesses; for in
stance, proof Of the allegation that certain
/ uItItDcis VI tAe#S1klbSs1A laiilA J DtCaAlC All
sane and died in the insane asylum. The
facts are easily proven BY depositions
without subjecting the government to cost
to bring the witnesses here. But in an
other class Of testimony, where it rests up-
on the opinions and conclusions of wit
nesses from certain circumstances, it may
he very important, as the court will see, to
have witnesses here for examination and
ross-examination, SO that the facts and
circumstances as detailed may be inquired
into more fully than they could possibly
be on written interrogations. This class
of witnesses, the valuezof whose testimony
would depend great deal upon the ex-
animation and ss-exanination to which
they would7be subjected before the jury,
should all be in personal attendance on
the trial. Afair trial cannot be had in any
other way. That is the reason why / ask
ed the court to issue an order to allow the
expenses Of such witnesses and to give me
sufficient time to prepare a defense. As
to the time required I do not wish to sug-
gest it at present. [ would much rather
she District Attorney would be sufficiently
/ liberal in the matter, so no question would
be raised. This defendant can lie in jail
for a few weeks longer without harm to
himself or 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 Ii1 fact,
want it disposed Of just as soon us it can
be done with justice to the defendant, and
SO as to secure 4 fair and impartial trial.
District Attorney My own Judgment
about the matter, independents Of the cir
cumstances surrounding the case, is that
the trial ought to take place Immediately
or as soon as possible. The Government is
ready for the trial and will be ready Mon
day next. The trial should not be unduly
postponed. It is true that the gentleman
representing the prisoner has only been
engaged in the case for a couple of weeks,
but it is equally true that he has been fa-
miliar with thescase all the time and visit
/ bu tllC pIlSOliCI WIGEIiEI &C vi lOtlf Ndt {
after the shooting. Although he may not
have expected at that time to appear as his
counsel, still he has had time to think the
matter over, and he and he does not there
fore stand in the same relation to the case
in which a lawyer would stand on being
assigned by the court for the first time in
the defense of a criminal. If that.dnty had
been imposed by the court upon member
of the bar who was not familiar with the
facts of the case or the defendant, should
feel it my duty to be more liberal than ]
can possibly consent to be with the coun-
sci now present. He occupies the double
position Of counsel and Of relative. He is
thus enabled to know definitely as much
as any man can possibly know about the
history of the prisoners life.s Your honor
will readily see that the counsel can tell
to-day what witnesses should be summon
ed on the question of insanity. He prob
ably knew a month ago what witnesses
ought to be summoned. The counsel for
the defense has fore5hadoWed three points
in the defense Of his case. First, the ques-
ton Of law. relating to Jurisdiction; sec
ond, the question of the responsibility Of
this man on account Of insanity third,
that the death of Garfield was occasioned
/ by malpractice on the partjof the physi-
clans who attended him. The law is ex-
tremely liberal to persons accused of crime,
and at present the law is more liberal than
it ever was. In fact, the liberality Of the
law has gone SO. far that it has almost in
terfered with the proper punishment OF
criminals. But the law has never gone. SO
far as you have been asked to extend it.
The law provide that the prisoner shall
4 have process Of court to compel the at
tendance of witnesses; that your honor
cannot deny, and that the prisoner is en-
1 titled to without any request. The statute
5.deelares that whenever any prisoner in
dicted in court III the United States
makes affidavit stating that there are wit
Desses whose evidence is material to his
i defence, and stating what lie expects. .te
prove by each; that they are within the
siiurisdiction or within one hundred miles
.Iof the place of the trial, and that he is moi
possessed of sufficient means to procure
/ their attendance, the. court may offer sucI
1 witnesses to be subpmnaed and the costs
and fees of such witnesses shall be paid II
1.-The same manner as it they We're subpoena.
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