New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-13
PRICE FIVE CENTS.
NEWS FROM WASHINGTON.
THE TRIAL OF GUITEAU.
A LONG STRUGGLE ExPECIED-CoUNsRL ON BOTH
SIDES THOROUGHLY IN EARNEsT-yALUE on
EXPERT TESTIMONY

LONG STRUGGLE EXPECTED-CoUNsRL ON BOTH
SIDES THOROUGHLY IN EARNEsT-vALUE on
EXPERT TESTIMONY.
| lBY TELEGRAPH TO THE rRrBUSE.l
WASHINGTON, Nov. 12.-On Monday morning the
iai vi Oulteau which counsel on both sides expect
70 see prolonged through several weeks at least,
Deglns. Judges on the bench and counsel at the
par agree that there need lie little delay
over the selection of a jury. The homicide
| being practically admitted, and the connec-
ton of the accused with it conceded, there is
nothing but the question of insanity for the jury to
settle. 1t Is deemed improbable that many Of the
panel Will have formed an opinion respecting tho
sanity OF the accused that cannot be shaken by evil
| dence The preliminary details having been ar
ranged, the facts respecting the assassination and
the connection of Guteau with 1t will be presented
Probably no attempt will be made to disproye any
of these facts. Then will begin the long struggle
over the question of insanity. This is of course a
yeXed question, upon the solution of which the OUT
come depends. If the accused is adjudged to have
been non cOmpos meDGs when he assassinated the
President, he cannot be punished.
The Government has subpenaed number of ex
perts who are convinced that Guteau was and is
sane. The defence has subpenaed a number Of ex-
perts who think that he and is insane. No one
can say what The outcome Of this conflict will be-
Of course, the examination of these witnesses and
the arguments points Of law involved, will take
up great deal of time. There seems to be little
doubt that tho defence will in addition, raise the
question of Jurisdiction. 1t may not be raised until
the charge to the jury is to be delivered. Then
Judge Cox will be asked to instruct the jury
that the Court having no jurisdiction the
accused must be acquitted. If he grants the
prayer, then the jury will acquit; if he denies the
prayer, the defence will present bill of exceptions,
I, Il, Cfo,. a., a..
on sabeas corpus to higher court. Incidentally,
too, it is understood they will raise the question of
malpractice. They propose TO make as stubborn
and as vigorous defence possible. The prosecu-
tion will be as determined aud rs Jealous The Dis
trlct-AttOrncy and his associates Judge Porter, of
New-YOrk, and Walter ID. Ddyidge, of the District,
have been in consultation all day. They will leave
no stone unturned to prove Gutean responsible for
bis crime, and TO secure his conviction and punish
ment. They will attempt TO prove a complex mo-
tive, compounded of desire for revenge and de-
sire for notOrety,
Speaking of the nice questions raised by the plea
of insanity Dr.. W. W. Godding, Superintendent of
the Government Hospital for the Insane, said " The
expert testmonoy introduced on such OCCASIONS is
of little value. Counsel for the prosecution comes
TO expert, ascertans that he believes the accused
non cOmP0s meafs when he committed the
crime and has no desire to subpoena him. Counsel
for the defence learns what his views are and
subpGnas him. He is pitted against another expert
who believes the accused man to have been sane at
the time of the commission OF the offence. They
neutralize one another. Such question
ought TO be referred to a commission. II is in some
States The measure of responsibility differs of
course in every case. Some lunatics responsible
for many, perhaps most of their acts others are re-
sponslbe for few or none some of tbeinInates OF
tins hospital are permitted the freedom OF the
grounds unattended upon giving their parole.
Should ons of them wander oft 10 might be difficult
to say whether not he was responsible for break
ing parole. There can be no accurate general
test. Opinions given hypothetical cases,
carefully prepared by counsel so to present all
the facts favorable To his view of the case,
are practically worthless. Nor does it enable
an unbiased expert 10 pronounce correct Judg-
ment e. give him access to the prisoner. The ques
ton TO be answered is, not whether the accused Is
now sane or nOn-sane, but whether he sane or
at the time of the commission of the Of,
fence. OF course if the man is a chronic maniac
there little dOub; that he was insane at the time
of the commission of the offence; but the difficult
cases Those TO in which experts are always
called I'M those in which douDt exists as
to the present sanity of the accused. queS-
ton of doubt will arise respecting his sanity
at the time he did the unlawful act IL Is very
hard question to answer. Ii cannot he answered.
a priO,i nor after inspection of the man OF straw
that counsel for either side sets up. But after beng
informed whether or not insanity is hereditary in
the family of the accused, whether or not he has
lived an eccentric cranky life, whether or not he
was under the influence of powerful deluson or a
strong hailucinatlon AT the time he committed tho
offence whether not he gave evidence at tho
time and just preceding and Just after IT of unsOnnd
mind, expert ought to be able 10 say whether the
accused was responsible not. Ii all these qUes-
tons were answered by proof in the affirmative, L
think his decision would be apt TO be that the ac-
Cused was not responsible"