The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-10-16
GUITTEAC.
His ArraigmentP reIImisaries
for the Trial Discussed.
The Trial to begin New. 9Th.

| OCOVIlI6 IOF Q6lay, he Salu. In IT,
gard to the witnesses / have stated
the facts in the affidavit as fully
as L am at present informed. The
court will readily perceive that it
is of the utmost Importance not
only to the prisoner himself but
to the public at at large, that the
prisoner should be we'll represented
in his defense. 1t seems TO be ut
terly impracticable that the trial
should take place next week. If
General Butler declines to appear in
the case it would be proper for the
prisoner himself to indicate to the
court his choice of counsel. Scoville
then proceeded to discuss the
question of procuring the attendance
of witnesses from abroad, and hiring
experts to be paid by govern
ment. He claimed that under the
statute in question it is entirely in
the discretion Of the court. He said
AS yet, l am alone in this matter
and have no one to help me, not
even to prepare a copy Of the papers.
This work OF getting up the evidence,
cooking up witnesses, and sub
Oenaing them all, devolyes upon
myself, and l ask that such action
may be taken by the court as will
enable me to get witnesses for the
defense into court. On some
questions stated in the affidavit am
perfectly willing TO take the deposit
tions of witnesses. For instance,
the proof of the allegation that
certain members Of the Guitteau
family have become insane and died
in the insane asylum. The facts are
easily proven by dispositions with
out subjecting government to the
cost of bringing witnesses here; but
in another class Of testimony,
where it rests upon the opinions
and conclusion of witnesses
from certain circumstances, it
may be very important as
the court will see. to have the
witnesses here for examination and
or discrimination, so that the facts
and circumstances, as detailed, may
be inquired into more fully than
they could possibly be by written
interrogatiOns. This class of wit
nesses will be as experts, the value
OF whose testimony will depend
great deal upon examination and
cross-examination, for the jury
should all be in personal attendance
on the trial. A fair trial cannot be
had in any other way. That is the
reason why | asked the court to is
sue an order to allow the expenses
of such witnesses, and to give me
sufficient time to prepare the de-
Tense. AS to the time required |
do not wish to suggest it. At pres
emit l would much prefer that
the district attorney would be
sufficiently liberal in the mat
ter so that no question would
be raised. There are certain
indictments on the docket, which
are ahead of our case. Some Of them
are rather nportant, and can in the
be tried to advantage. l
believe the star route cases are
ahead of it. This defendant can he
in jail for q few weeks longer with
out harm to himself or the govern
ment. At the same time | want the
court to understand that there is no
so far as am concerned,
to postpone the trial. In fact, want
it disposed of just as soon as it can
be done with justice to the defend
"a t, and so as to secure q fair and
trial.
District Attorney-My own judg-
ment about the matter, independ-
ent of the circumstances surround
ing the case, is that the trial
ought to take place Immediately, or
as soon as possible. Government is
ready for trial, and will be ready
on Monday next. The trial should
not be unduly postponed. 1t is
true, the gentleman representing
the prisoner has only been engaged |
in the case for Il couple OF weeks, !
but it is equally true that he has |
been familiar with the case all the |
time, and visited the prisoner within |
three or four days after the shoot |
fng. Although he may not have |
at that time, to appear as
his counsel, still he had had time |
enough to think the matter over.
and does not, therefore, stand in the |
same relation in the case in which a |
lawyer would stand on being as
signed by the C urt, for the first |
time to defend a criminal. If that |
duty had been imposed by the court |
upon member of the bar who was
not familiar with the facts of the |
case or the defense, l should feel it |
my duty to be more liberal than |
can possibly consent to be with |
the counsel now present. He occu-
pies the double capacity of counsel |
and Of relative. He is thus enabled |
to know definitely as much as any |
man can possibly know about the |
history of the prisoners life. Your |
honor will readily see that the cum
sci can tell to-day what witnesses
should be summoned on the cues
ton of insanity. He probably knew
a month ago what witnesses ought
to be summoned. The defense has
foreshadowed their points in this
case: First, the question of law re-
lating to jurisdiction; second, the
question of responsibility of the
man on account of insanity; third,
that the death of Garfield was
Il l. 4