The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1881-10-20
THE NEWS.
wha. seoville E1pec.s to prove,

WASHINGTON, Oct. 16-Mr. Seville,
counsel for Guiteau, in the affidavit read
by him upon the arra;gnment of the as
ssssin says he expects to prove by Mr..
Foss, of Dover, n. H, that he was pres
ent at the time and place of the shooting,
saw the defendant and heard what he /
said and that the defendants acts and
words on that occasion showed unmis- |
Iakably that he was insane.
The affiant further says: 1t is i'm |
portant and necessary for the defense 10 |
subject OF insanity, in addition 10 the |
Witnesses of the facts, and that he ex-
poets TO prove that the defendant was in
sane at the time of the shooting, by the
testimony of the following named medi-
cal witnesses: Drs. Macdonald and
Fitch, Of the insane asylum, Wards Is
land, New York; DR.. Bradner, late of
the Pennsylvania Hospital of the Insane,
in charge of the Cook county, Illinois,
asylum for the insane.
The affiant also expects to prove by
the following competent medical ex-
perts: A. Hammond, of New York; j.
Marion Sims. of New York; Moses
Gum, of Chicago, and Edmund An
drews, of Chicago, that the wound
was not necessarily fatal, and was
not of itself, the cause of the death of
James A. Garfield, but that death ensued
as a result of the malpractice of the
principal physicians in charge of the
wounded man Afflant has reasons to
believe and does believe there are mater
ial witnesses for the defense, whose
names and residence are at present un-
known to him, on the question of insan-
ity; that thus far the atfiant has not been
able to obtain information from the de-
partment himself, or otherwise, with
any particularly as to where he had
been, or as to persons with whom he
has associated for some years past, so to
know whom to call as witnesses; but
afiiant believes that upon further inquiry
and within thirty days, he can ascertain
the names and residences at many such
witnesses, whose testimony would be
very material.
The afliant believes that as many wit
nesses will be necessary on the part OF
the defense as appear on the list of wit
nesses tor the prosecution, to-wit: forty
| four, and the court is respectfully asked
| 70 make an order allowing any number
| of witnesses, not exceeding fOrty-fOur, to
| be subpnnaed on the part of the defend
| ant, as his counsel may from time to
| time deem necessary.
| The affiant further states that the de-
| PENDANT has no means for the payment
| of any expenses, and that the affiant
himself has received nothing for his eX,
penses, disbursements, etc.
The affiadvits having been read, MIR
Scoville said: 81 have endeavored I'M
der the instructions of the department
to secure competent counsel to attend &c
his defense. I am myself not familiar
with criminal law or criminal practics
and would not feel competent to take
upon myself the defense. l acted alone
thus far merely from force of circum
stances. AS soon as the application wa:
made to me TO act for the defendant, ant
in accordance with his wish, asket
Mr.. Emory A Storrs, of Chicago, a gen
tleman conYersant with criminal law, Il
undertake the defense. Storrs said tina
his engagements were such it would
not be possible for him to give tn
time and attention to it which the i'm
| portance of the case demanded. l mex
T applied to Richard T. Merrick. of thi
city, and received substantially the sam
answer. Merrick, however, kindly con
sented, in case the question OF jurisdiC
ton should be raised, to argue tha
, branch of the case to the court; but II
, SAID beyond that his engagements woul
not permit him to take active part L
the defense I next, under the instru'
? lions of the defendant, applied to BENZ.
[ min r. Butler; but my impression
the letter addressed to him must haV
miscarricd.. 1t was mailed by me La
/, Monday, and, as yet, 1 have received n
3 answer. saw what purported to be
) Geographic dispatch from Butler TO thi
+. city, dated Wednesday at Boston, sayin
he had not heard from me.
I have not addressed him furthe
hoping he has received or will receiV
nv letter. OF course if ne cannot a
+ tend to it. it will be my duty 10 try an
/ obtain other counsel. l mention thes
e things as part of the reasons which
a think should operate with the court an
influence it to grant further time IN tn
case"
t District Attorney Corkhill oppose
the delay asked for. Judge Cox said
prompt trial was essential and fixed it fl
i November 7th, when the hearing CO.
o Guided. The officers gathered abOI
p Guiteau and securely fastened his han
|, cuffs and the prisoner was taken fro
the court room. Judge Cox indicate
?, that if ScoVille could not obtain satisfa
s tory counsel, he would assign him COZ
/ petent assistance from the local bar.
While Guiteau was being arraigned
~ large sized man approached some OF u
officers of the court and asked for Il
r. loan of a pistol. His inquiries causin
suspicion he was taken to police hea
~ quarters, where he gave his name as &c
l. Fl. Bethard, and showed diploma as
IF lawyer, issued to him June 23d, in Go
m umbus, Ohio. He said he fought
Garf1eld's regiment, and showed tW
gun-shot wounds on his legs and ba
10 Onet wound on the side of his hea
Le which he said he received at the bait
10 of Shiloh He had been doing clearic
: work for lawyers Of this city. He heal
that Guiteau was to be arraigned to-dt
le and intended to get 'bull dog pisto
q and shoot him at the city hall. He toe
= his diploma with him to insure gettiI
into the court room as a member of Il
ls bar. He had evidently been drinking.
c. Guiteau Arraigned-The Assassin In Cour
al WASHINGTON, D. c., Oct. 14-The
:, was a very large attendance this NOR
% ing in the criminal court room, attraC
cd partly by the impression that Il
% arraignment of Guiteau would tai
place and partly by the announcemei
&c that the argument in the Star ROu
cases would be opened by Robert {
10 IngeIsoll. The latter said he was III
b willing to open unless the whole ma
70 ter could be settled in day or two, an
70 Cook, for the government, said he wt
q not ready ewing to the absence of counse
b Finally the cases were allowed to renal
e open for two weeks, the time for Opei
d ing the argument to be fixed after thu