The Benton weekly record. [volume] (Benton, Mont.) 1880-1885, 1881-10-27
Guiteaau iHa Court

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home and foreign affairs"
GsEiteaM Inn Court.
WASHINGTON, October 14.-ScoYille said:
fsI am not familiar with criminal law or
practice, and would not feel competent to
take upon myself the whole defense: |
have acted alone thus far merely from
force of circumstances. AS soon as appli-
cation was made for me to act for the de-
fendant and in accordance with his request,
asked Emery Storrs, of Chicago, gem
tleman eonversant with criminal law, to
undertake the defense. Storrs said his en-
gagements were such that it would not be
possible for him to give the time and at
tention to the case which its importance
demanded. [ next applied to Richard L.
Merrick of this city, and received. .substan-
TALLY the same answer. Merr1ck, however,
kindly consented in case the question Of
jurisdiction should be raised, to argue that
branch Of the case, but said beyond that he
would not take active part in the defense.
I next, under instructions from the de-
fendant, appealed to Benz. Butler; but my
letter addressed to him must have miscar-
ried. It was mailed last Monday and as
vet I have received no answer. [ saw
what purported to be a telegraphic dispatch
from Butler to some one in this city, dated
Wednesday, at Boston, saying he had not
heard from me. / have not addressed him
further, hoping he had received or will re-
ceive my letter. / mention these things.as
part of the reasons which should operate
with the court and influence it to grant
further time in the case. expect to prove
that the defendant was insane at the time
of the shooting, by the testimony of the
following named witnesses: zDrs. McDon-
aid and Fitch, of the insane asylum at
Warden's Island, New York; w. Bradnor,
late of the Pennsylvania hospital for the
insane, Philadelphia; and Dr. Sprague, in
charge of the Cook county His asylum.
The affiant expects to prove By the fol-
lowing named competent medical experts,
VIM. A. Hammond of New York, J. Mar
ion Shines Of New York, Moses Gum Of
Chicago, and Edmund Andrews of Chicago
that the wound was not necessarily fatal !,
and was not of itself the cause of death,
but that death ensued from the result of
the malpractice Of the principal physician
in charge of the wounded man. The affiant
further said that he expects to prove by
Mr.. Foss Of Dover, New Hampshire, that
he was present at the time and place OF the
shooting, saw the defendant and heard
what he said, and that defendants actions
and words on that occasion showed unnlis-
takably that. he was insane. The afflant
further says it is important and necessary
for the defence to have the testimony Of
experts on the subject of insanity in addi-
ton to witnesses. The affidavit which was
read states there are various witnesses
whose evidence is material for the prison.
er,s defense, and without which he cannot
safely go to trial that the names and resi-
dences Of such witnesses and the facts that
can be proved by them, seyerallyy are all
known to the atlantis counsel, George
scoville, and are only known in part by the
affiant; that he has not money or property
and is unable to pay the fees and mileage
Of witnesses, or the cost of their keeping;
he therefore prays that the court. shall al
low such witnesses iii his behalf as may be
shown by the atlantis counseIto be. .neces-
sary, the fees and costs to be paid in such
manner as those Of the government witness
ses are paid.
Scoville then read an affidavit made by
himself. It.sfates5 hat beside the points Of
law that may be made, the defense will
consist Of two points.::Fir irst, the insanity OF
the defendant; second, that the wound was
not necessarily mortal J, AMI was not. the
cause Of President Garfield S death. The
affianG has endeavored to obtain the names
and residences of.the witnesses for the de-
tense to prove the material facts on the
question d. insanity ]; but he has been un-
able to do SO because the defendant did not
seem to understand and refused TO aeRnoW-
Hedge the effect Of the common established
rules of evidence. He believes this condi-
Ition Of . the defendant arises from the very
fact. which such evidence would prove, to
wit: the defendants 5 insanity; and yer, he
knoWs=of no means to overcome It. Ii
regard ID witnesses to the facts. have