Bismarck tribune. [volume] (Bismarck, D.T. [N.D.]) 1878-1884, 1881-12-30

BISMARCK I
proper place for a prisoner on trial for
felony was tho dock He could only como
within the bar to be arraignsd and to re-
caive the -" Ta.
SENTENCE OF THE COURT
granting him the privilege of sitting beside
his counsel; it was a privilege which could
not be withdrawn summarily. While the
prisoner has undoubted right to act as his
own counsellor or appear by counsel, he
could not exercise both rights simultaneously.
He did not mean the prisoner should be ex-
posed to any danger. He should have the
fullest protection.
The prisoner, speaking quietly and as
though he dreaded being placed in the dock,
which was filed at the time with spectators:
t'To settle tho matter, I will sit quietly. Will
it not be satisfactory if keep quiet and sit
here? If I set in the dock may be worse" !"
The court directed the marshal to clear
the dock and place the prisoner there. Dur
ing the confusion and noise incident to this
movement, the prisoner exclaimed in sub
dued tone, II have no objection to going to
the dock if your honor says 3d."
Court-'I say so simply in hopes Of keep
ing you quiet"
WANTS COURT ROOM CLEARED.
In I'M
cleared, if am going into the dock. want
the court room cleared" The prisoner
having been placed in the dock and quiet
having been restored, Porter said, ''The
court directed that tho marshal place the
prisoner where he could have full view of
the witnesses and court
''Corkhill, you are having your way for
few minutes, but God grinds slow but sure;
you have got no case and you know it," The
district attorney in reply to Scoville's speech,
stated that he had been always opposed to
having any extra guard around the pris7
oner. He believed in allowing him to
STAND HIS TRIAL
like any other man. No violence would come
to him any more than a criminal charged
with smaller offense. He did not wish any
special protection around the prisoner, nor
did he think it necessary. It was an indica-
tion that he was in danger. He (Corkhill)
never thought he was in danger.
Scoville, sneeringly, ''You must think that
everybody is going to miss like Bill Jones. :"
The prisoner here broke in with an express
sion of satisfaction with his present position.
and thanking his honor for removing him.
Cross examination was then resumed, ,after
which the court adjourned.
The prisoner, in passing his council, ex-
pressed his contentment with his position in
the dock as afording him more pure air.
GU1TEAU IN BONDS
Christmas the prisoner gave his letter to the
press. In it he says, II suffer in bonds as
patriot, because had the inspiration and
nerve to unite the great political parties to
the end that the nation might be saved from
another disolating war. I do not pretend
the war was immediate, but do say emphat-
ically the bitterness in the republican party
last spring was deepening and deepening
hour by hour, and that WITHIN two or three
years, or less, the nation would have been in
the flame of civil war. In the presence of
death all hearts we're hushed, contention
ceased and for weels and weeks the heart
and brain of the nation ccntered on the
sick man in the white house. AT last he
went the way of all flesh and the nation was
in mourning. And to-day, Christmas, 1881,
am on trial for my life, charged with muir
dering the late president. There is not the
first element of murder in the case to con-
stitute crime of murder. Two elements
must co-exist. First, actual homicide; Sec
ond, malice in law or malice in fact. Law
assumes there is 10 homicide in thix case,
and tn erefore no malice in law. Malice IN
fact depends upon circumstances attending
homicide. Admitting that the latter presl-
dent died from shot, which 1 deny, as
matter of fact, still the circumstances at
tending the shooting iquidate the pre-
sumption of malice, either in law or fact.
Had he been prope rly treated he probably
would have 5
-. " BEEN ALIVE TO-DAY.
Whatever my inspiration intended, the Deity
allowed the doctors to finish His work grad
ually, because He wanted to prepare the peo-
pie for the change, and also confirm my
original inspiration. am well satisfied with
the Deitys conduct of this case thus far, and
I have no doubt but He will continue to fos-
ter it to the end, and that the public will