The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-10-15

insane. The atiiant further says that it is
important and necessary for the defense to
have the testimony OF experts on the sub
iect OF insanity in addition to witnesses Of
the facts, and that he expects TO prove that
the defendant was insane ut the time Of the
shooting By the testimony Of the following
named medical gentlemen: Drs. MaCDon-
aid and Fitch, OF the Insane Asylum at
Wards Island, New York; DIR. Bradner
late OF the Pennsylvania Hospital ior the
Insane in the city oil Philadelphia; and DR.,
Sprlgue, in charge OF the Cook county, IL
linois, Asylum for the Insane.
The ailiant also expects to prove by
the following named competent experts,
VIM. A. Hammond, OF New York; ]. NJ,
Sims, OF New York; Moses Gum, OF Chi
cago, aud Edmund Andrews, OF Chicago,
that the wound was not necessarily fatal,
and was not Of itself the cause Of the death
OF james A. Garfield, but death ensued as
| the result OF the mai practice Ol the prin-
cipal physician in charge OF the wounded
man. The Nllant has reason to believe,
and does believe, there are material wit
nesses for the defense, whose names and
residences are ut present unknown to htIa,
on the question Of insanity that thus far
the aiIiant has not been able to obtain any
information from the defendant himself, or
otherwise, with any particnlarity y to
where he has been or To the per.
son, with whom he has associated
for some years past, So rs to know who to
call us witnesses; but aHiant believes, upon
further inquiry and within thirty days he
can ascertain the names and residences OF
many such witnesses, whose testimony
would be very matcrAl. The ailiant be.
lieyes that as many witnesses will be nee
essary on the part OF the defense rs mp
pear on the list Of witnesses for the prose.
cutiOn, tO.wit, fOrty-twO; and the Court is
respectfully asked to make M order allow
Ing any number Of Witnesses, not exceed
ing iOrty-fOur, to be subpTncd on the part
Of the defendant Us his counsel
may from time to time deem il necessary.
The ailiant further states that the dclcnd'
ant has no means for the payment Of any
expenses, and that atliant himself has re-
ceiyed nothing and expects to receive
nothing for his expenses and dlsDurse-
mrnts.
The affidavit having been read Mr.. SEQ.
vile said, 81 have endcavOrcd under the
instructions Of the defendant to secure
compctcnt counsel to attend TO his defense.
am myself not familiar with the criminal
law or criminal practice and would not
feel competent to take upon myself the de-
icnse. have acted alone thus far merely
from force OF circumstances AS soon as
application was made to me to net for the
defendant, and in accordance with his re
quest, asked Emery \. StOrrs, Of Chicago,
Il gentleman cOnycrsant with the criminal
law, to undertake the defense. Mr. StOrrs
said his engagements were such II would
not be possible for him to give that time
and attention to il which the. Importance
of tho case demanded. next applied to
Richard T. McrriCk, Of this city, and re-
cuivcd substantially the same answer.
Mr.. NlrrrCk, however, kindly consented
in case the question Of jurisdiction should
be raised to argue that branch Of the case
TO the Court; but he said beyond that his
engagement, would not permit him to take
part in the defense. Under instructions Of
The defendants applied to d. +. Butler
but nv impression il that the letter nd
dressed to him must have been miscarried.
II was mailed by me last Monday, and us
ytt nave ItNVlNtN ~ UHSNNi. ""M wa"
purponcd to be II telegraph dispatch from
Butler to some one in this city, dated Wed:
nCsday, ut Boston, saying that he had
heard from me. ! have not addressed him
further, hoping he lNs received or will re-
cciyc my letter. OF course, II he cannot
attend to It, ii will be my duty 10 try TO OBJ
tain other counsel. ! mention these things
0s pnrt Of the reasons which think should
operate with the Court and influence to the
grant Of further time in this casc.
District Attorney Corkhill oppofcd the
DELAY asked for Judge Cox said prompt
trial was essential, and fixed the trial for
November 7. When the hearing conrud.
ed the officers gathered about Guitcau and
securely fastened his hands with CuIls and
was taken from the court room. Judge Cox,
indicated that II SCOvilC could not obtain
satisfactory counsel he would assign him
cOInpctcnt assistance from the local bar,
While Guitcau was being arrAigncd
large sized man approached some officers
in court and asked for the loan OF IL pistol.
Ills enquiries causing suspicion. IL was
taken to police headquarters where he gave
his name As Geo. II. llcthArd, and showed
n diploma ns II lawyer, issued to him June
2gM, in Columbus, Ohio lie said he
fought in Garllcd's regiment and showed
two gunshot wounds in his legs and n bay.
onet wound on the side Of his head which
lie said he received ut the battle Of Shiloh.
lie had been doing clerical work for law.
yer in this city. He heard that Guitenu was
10 he arraigncd to-day and intended to get
bull dog pistol and shoot him at the City
Hall. He took his diploma with him to
insure his getting into the court room as Il
member Of the bar lie had evidently
been drinking.