Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-11-09
FROM WASHINGTON.
Judge COx's Decision in Matters Pertain
ing to the Guiteau Case.

WASHINGTON, Nov. Z. In the crim;na
court today, Judge Cox decided that tn,
motion of postpOnement in the Guiteau cas-,
could not be granted unless there was con
currence of action on both sides. In REGARD
to the motion to instruct the District Attorne,
to deliver to Guiteau's counsel certain papers
the Judge said that in consultation Monday
with the District Attorney and Mr.. Robinson
the District Attorney offered to furnish any
papers he had for inspection.
lie did not see as the court could give any
order for the producing of papers that might
be evidence on the part of the prosecution
On that score, however, there would be nc
difficulty. Mr.. Scoville said the District
Attorney had papers and book that were
important, including clippings from news
papers made by Guiteau for six weeks pre-
viouS to the crime.
In this case the defence consisted of the
claim of insanity, of an unsound mind. and
it was extremely important for the counsel to
ascertain and to be able to produce in evil
dence, the influences which operated upon
Guteau's mind for six weeks previous to the
shooting.
Judge Cox considered the counsel for the
defense entitled to the papers, and the Dis
trct Attorney had promised to give copy
of the book to the counsel. Mr.. Scovile said
copy would not be sufficient. The Judge
finally said he had no power to order any
letters delivered up that the District Attor.
ney desired to use as evidence. The Distric,
Attorney is willing to give an opportunity tc
examine everything he has. Judge Co,
would consult him when he came into court
and the matter will probably be arranged
without any formal order.
There was communi, alton in a letter tt
him, (Scoville) which the prisoner had SEN
him three weeks ago. 1t was handed to the
District Attorney, but the latter declined t,
give it up.
COrkhiIi Will Not Give Up.
District Attorney Corkhill in court th
noon, said that Mr.. Scoville, counsel fo
Guiteau, had renewed his application in rela
tion to certain papers in his (Corkhills) pos
session, which were found upon the ASSASSIN
at the time of committing the crime. Those
papers. being evidence, he would not conced,
the right of any person to them. Corkhil
denied that he ever received any private com
munication of any kind addressed to Scoville
and has nothing of the kind in his possession
Argument Resumed in the Star Rout.
Case.
The argument in the star route case wa.
then resumed. Mr.. Brewster addressed the
court at length, in support of letting the in
formation stand. making a close argument.
Argument in the star route cases resumed
this morning by Brewster on the part of the
government. He addressed the court in de-
Tense of the form of criminal information
He had called upon the Department Of
Justice for statement to be made up from
the reports of the District Attorneys'a all over
the country. showing the number of cases in
which criminal procedure by criminal infor.
nation had been resorted to, and found from
the report of the Department wilderness of
such cases in all sorts of criminal proceed.
ings short of felony aud capital offences. He
characterized the pending motion as an effort
to stink and sneak out of observation as an
effort made on the part of man whose honor
was impeached; who was charged with
official embezzlement, of public robbery; AZ
an attempt to trampie down the law and eva de
responsibility, which every man of hou OF
would solicit and demand He took In
and replied to the objections that the infor :
nation was not based on sufficient TESTIMONY,
The court at 8 P. NJ. adjourned until tomor-
row, ~hen Enoch fallen will sum up the cas-
for the defense.