Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-10-15

ton to witnesses of facts, and that he expeCts
to prove that the defendant was insane at Inc
time of the shooting by the testimony OF Inc
following named
MEDICAL WITNESSES:
Drs. Macdonald and Fitch OF the insane
asylum on Wards Island, New York; Drs.
Bradner, late of the Pennsylvania hospital of
the insane in the City of Philadelphia, and DR..
Sprague in Chicago, of the Cook county, Hi
nois. .sasylum for the insane. Affiant also ex-
pects to proAe by the following named medi-
cal experts William A. Hammond, OF New
York; j. Marion Sims, of New York; Moses
Gum, of Chicago, and Edmund Andrew OF
Chicago, that the wound was not necessarily
fatal ana was not of itself the cause OF the
death ofJames A. Garfield; that death ensued as
result of the malpractice of the principal
physician in charge of the wounded men.
Affiant has reason to believe, and does be-
lieye, there are material witnesses Tor the
defence, whose names and residences are at
present unknown to him, on the questlon OF
insanity; that thus far aff1ant mas not Deen
able to obtain information, from the defendant
himself or otherwise, with any particularly,
as to where he has been or as to persons with
whom he has associated for some years past,
so as to know whom to call as witnesses; but
affiant believes that upon further inquiry, and
within thirty DAYS, he can ascertain the names
and residences of many such witnesses, whose
testimony will be very material.
The affiant believes that as many witnesses
will be necessary on part OF the defense as ap-
pear on the list of witnesses for the prosecu-
tion. TO- wit forty-four; and the court is re-
spectfuIly asked to make an order allowing
any number of witnesses and not exceeding
forty-four, to be subpGnaed on part OF de-
fendant as his counsel may from time TO hme
deem necessary. Aff1ant further states that
defendant has
no MEANS OF PAYMENT
of any expenses, and that affiant himself has
received nothing and expects to receive moth
NC for his expenses, disbursements, etc.
The affidavit having been read, Scoville
said:
ssI lave eudeavored, under instructions from
the defendant, to secure competent coun-
sci to attend to his defense am my
self not familiar with criminal law or GRIM
inal practice. | would not feel competent to
take upon myself the defense, L have acted
alone thus far, merely from force OF clrcum-
stances. As soon as application was mace 10
me to act for the defendant, and IN accord,
ance with his request, asked
EmoryrS. Storrs, of Chicago,a gentleman con-
versant with criminal law, to undertake the
defense. Mr., Storrs said his engagements
were such that it wonld be impossible for
him to give that time and attention to
it which the importance of this case demand
ed | made application to Richard L. Merrlck,
of this city, and received the same answer.
MIR. Merrick, 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 en-
gagements would not permit him to take act
i've part in the defense. / next under instruc-
tions of defendant applied to Benz. G. Butler
but my mpresson is that the letter addressed
to him must have miscarried as 1t was malled
by me last Monday and as yet L have
received no answer. | saw what purported 10
be- a telegraphic dispatch from Butler
to some one in this city dated wednesday, at
Boston, saying he had not heard from me. L
have not addressed him further, hoping he has
received, or will receive my letter. Of course
if he cannot attend to it it will be my duty to
try and obtain other counsel. mention these
things as part of the reasons which, thlnk,
should operate with the court and influence 1t
to grant further time In this case"
THE TINE SET FOR TRIAL.
District Attorney Corkhill opposed the de-
lay asked for. --.-
Judge Cox said prompt trial was essential
and fixed the trial for Nov. 18th.
When the hearing was concluded the officers
gathered about Guiteau and secured the last
enings to his handouts and the prisoners was
taken from the court room. Judge COX IN
dcated that if Scovil,e could not obtain sats-
factory counsel he would assign him eompe-
tent counsel from the local bar.