Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-12-29

Scoyille with much feeling protested
against the proposition OF the District
Attorney, which could not be understood
by any one as other than an invitation to
all who heard il, TO shoot the prisoner II
an opportunity offered.
Judge Porter following Scoville, said:
1.-THE assassin Of the President will assas-
sinate no more forever, and the voice wn,en
is not silenced now, will be dumb rs that
of his victim when the end OF the law Is
reached. [Applause.l No man, sane or
insane. is permitted TO say the arm OF the
law in his presence is nerveless. l have
approved-I say il in view Of the condem-
nation of the American people, as repre-.
sented by their papers, because they uid
not understand the situation US we did
have approved and yindicated your Honor.s
course down 20 th6 vime tafs prfsouer pro-
claimed, with the acquiescence OF his coun-
sci, he had been sane from the hour after
he executed this
FOnl. Diabolical and Infamous Murder.
When | made this motion felt the time
had come when il was due 10 the majesty
of the law, TO the vindicatiun OF the Ameri-
can government, and above all, to the vim
dication of the judiciary, that the step
should be taken which now indicate. You
SUSPENDED your decision in the hope you
iuai and homicide still further clemency;
but il il be extended it will be at the peril
peril to the name OF American jurisprn-
dence--peril in respect OF the indefinite
continuation trial, which without inter
positions from the prisoner would have
terminated three weeks ago. The time has
now come when the law must make It's APP
pearancc in this court room, and when the
man who
Pretends 10 he n Maniac
shall no longer sit at the counsel table and
exercise the privileges which you would
accord no member OF the American bar.
The prisoner--A very nice speech, but
not word Of truth in IT.
The Court then rendered his decision. 1t
was hardly necessary To say that the con-
duct of the prisoner had been in persistent
violation a order and decorum. In the
beginning the only methods which could he
resorted to- TO suppress this disorder were
such as must infringe on the constitution
al rights of the prisoner, and that was
conclusive argument against them. Until
Saturday last no other method had been
proposed. Then this proposition, (which he
had already had in mind was submitted;
1t had hitherto been an impression shared
by the court and counsel, that the
prisoners conduct and language
in court would afford the best indication OF
his mental and moral character, and con-
tribute largely to the enlightenment OF the
court and Jury on the question oi his re-
sponsibility. II was, therefore, on the ex-
press desire OF the District Attorney that
the court had allowed such latitude oi con-
duct. in order TO furnish experts an oppor-
tunity of diagnosing the prisoners case. As
il now appeared, the opinion OF experts
had been largely founded on the exhibit
tions which had taken place on the trial,
and if they had contributed to enable those
experts to reach their conclusions, II would
be a complete vindication Of the views Of
the District Attorney.
As TO the proper course TO he pursued at
this stage of the trial, however. This OBJ
icct seemed to have been accomplished. the
trial was now
Approaching Its Close.
Experts had had ample opportunity to
make up their judgments and pronounce
them before the court. Now 10 impose
such restrcint as the circumstances OF the
case admitted, and which would conduce ~
the orderly conduct OF the case, the pris..
oner had right To hear the testimony oil
witnesses. He could not be gagged or sent
out OF court. The proper place for prs
Oner on trial for felony was the dock. He
could only come within the bar 10 be ar
raigned and tO receive sentence. IL the
court granted him the privilege OF sitting
beside his counsel, il was privilege which
could be withdrawn summarily. While
the prisoner had tie undoubted right
10 act as his own counsel, or
to appear by his counsel, he could not
exercise both rights simultaneously. Hay-
ing accepted counsel, the prisoner had
waived his right to appear as such IN person
On consideration Of all the circumstances
the Court thought the motion should IA
granted and that the prisoner should be
Placed in the Dock.
but lac did not mean the prisoner should
he exposed to any danger. lie shohld
have the fullest protection.
Prisoner, speaking quietly, and n
though lac dreaded being placed i'll the
dock, which was filed at the time with
spectators-"To settle the matter, ] will si'
quietly here. viii it not be satisfactory !!
keep quiet and stsy here? II ] sit in the
dock may be worse"
The Court directed the Marshal to cleaI
the ;."'"k and place the prison. 'hrre.
During the confusion and noise incident
10 this movement, the prisoner exclaimed
in subducd tone. 81 have no objection u
going to the dock II your honor says SO"
The COurt-"i say 50 simply In the hope
of keeping you quiet
PrisOncr-"I move the court room he
cleared. II / am going into the dock,
want the court room cleared"
The prisoner having been placed in the
dock and quiet having been restored, Judge
Porter said. 1T Is 10 be borne in mind the
chimcra which seems TO haunt the prisoner
has no foundation.
He a. IN No DANGER
except from the hangman's rope. and 70
long as the officer Of the law stands beside
him, no man will imperil that officer In
the discharge Of his public duty by firing a
shot at the prisoner" Applause.
The court directed the Marshal TO place
the prisoner where he could have a full
view Of witnesses.
Prisoner, from dock: ~ am doing very
we'll here. IL your honor please. II is only
a confession Of the prosecutions weakness.
would not be afraid 20 go all over Wash
ington alone. or New York. or Boston.
Thunder that broadcast. God Almighty
will
Curse the PrsseestIes.
Take time on this. COrkhill. You are hay'
ing your way for a few minutes. but God
grinds slow, but sure. You have got no
case, and you know it,
Jle DlstTlCl AtUDTnsy. IH 1tpl! W OCn-
ville's speech, stated that he had been al
ways opposed TO having any extra guards
around the prisoner. He believed in allow
ing him TO stand his trial like any other
man. No violence would come to him any
more than 10 criminal charged with a
smaller ofIense. He did not
wish any special protection around the
prisoner, nor did he think IL necessary. IL
was m indication that he was in danger.
He (Corkhilii neTer thought he was in dan
ger.
ScoyilIe. snceringly-You must think
everybody IL going 10 miss,
Like Bal yoaes.
The prisoner here broke in with an eI-
preston Of satisfaction with his present
position, and thanking His Honor for moy.
ing him there.
The cross-examination was then resumed
and Porters objection 10 Scoville's cues.
ton, assuming that Guiteau considered
himself brother Of Jesus Christ, on the
ground OF its being irreyerent and blssphe-
nous, was oyerruIed by the court
Porter, soIemnly-As this case will be
historical; As our exceptions are utterly
uuayailing: as We can in no case, under the