New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-12-29
JUSTICE COX YIELDS TO THE DEMAND FOR
ACTION
Try TELRGnAPH To TIE rRI

| WASHINGTON Dec. 2S.-Guiteau was put into the
dock to-day after an exciting scene. This was tho
chief incident of the day, involving as it did also.
an opportunity for Justice Cox to explain his mo-
tves for permitting his courtroom to be disgraced
as it has been in the past six weeks.
The prosecution seemed to be waiting for some
act of signal misbehaviOr which should enable them
to demand the assassins removal to the dock, with
out putting Justice Cox in the inconsistent atti-
| tude of a magistrate Furnishing an or
fence much lighter than hundreds which
he had already condoned. They did not need 10
wait long Guiteau's behavior in the morning was
even much better than that of yesterday compare
| tlvely quiet as he then; but in the afternoea
| there was speedy outbreak. Mr.. Scoville asked
DR.. John H. Calender, of Nashville, Tenn, VINO
was then on the witness-stand, question based
upon Guteau's remark in one of his letters that he
was with the firm of Jesus Christ & Co." JudGo
Porter Indignantly objected to the question ss
| "basphemous.' Justice Cox said he had lost 1t, -
his attention had been drawn in another directioa,
Judge Porter suggested, in significant tone, thatt
be read and that his Honor should have his attea-
ton drawn to it, 1t was read, and Judge Porter
renewed his objection dramatic speech, protest.
ing against degradation of the name of the sayiOar
| of mankind.
The outbreak from Guiteau came at the very es-
ginning of the speech. Judge Porter was saying:
There is no evidence"
How do you know, you great big mouth youf"
Guteau called out. His abuse ran on from uis
time in an almost ncessant stream. One of the po-
licemen sitting behind Guiteau laid hand on ais
arm, trying to quiet him.
You mind your business, I'll slap yem
mouth he said with currish anger. Then again 20
Judge Porter: /" You great big goose"
Mr.. Porter was speaking all this while; and as hs
I ifofa npla ha0
ming. which was checked. Then resuming in losd.
| clear voice. and pointing mis- finger sternly at Cal
| team he said: % demand that this criminal be 10
manded to the dock"
| The crowd was stirred with excitement, a2d
listened breathlessly. while Guiteau himself, wits-
out appearing to realize that the motion was Likely
| to mean anything more than it had meant befoEc,
pretended to busy himself with his newspaper, loas-
ing away from it every moment TO make soae
interruption. Judge Porter said that II the CoGrs
| was to be filled with basphemy it should be heasd
coming from the prisoners box, and not from as
counsel table and truly added that there was nOt
| man at the American bar who would not have been
,ilenced and disgraced if he had uttered what Cal
team had dared to utter under the false pretenceo or
being a counsel Heinvoked action in the name ofihs
! American people whereupon Guteau made an IL
| sulting response ending with MIR. Bigmouth Por-
terp He further informed the Judge that "tblt
kind of talk wasn't worth his fIonor's notice.
Formal argument was now begun upon the no
ton Mr.. Davidge, in opening. referred to the tu-
| ration of the trial and the equal duration of the
outrageous conduct of the prisoner. lie took care
70 expain that the counsel for the prosecution Gd
| not subscribe to the doctrine that the constihI-
tional rights of prisoner could not be lost by mis-
| behavior and reminded Justice Cox that the pr1s-
tice of the Court had been that men under indjst-
| nent sat in the dock, citing the case OF Genersl
Sickles who was put there although at tie time 1f
! his trial he was a lawyer in good standing and
| member of Congress. Mr.. Davidge added that the
outrageous and scandalous insult 10 Judge Porpr
| furnished the prOvocation for which they had
| waited
Guteau went on coolly with his interruptions,
| not dreaming apparently that bis long freedom
| was 10 be restrained. Mr.. Reel and Mr.. Scoviils
| both gave assurance that any measure which would
keep the prisoner quiet would be a relief TO thens
| but suggested merely warning by the Court that
! he would be placed in the dock unless he restrained
himself Here Guiteau suggested, when M.
Porter apoloEzed for defect in his hearing that
he was livery stupid .; and wheniMr scoyille said
no one was more annoyed by the Interruptions than
| he WAS Guteau blurted at him: That's because
| you're jackass this case two-thirds Of the
| time"
Colonel Corkhill, in addressing the Court DO
| manded not only the removal TO the dock, but also
| that the prisoner be left in the custody of the Mar
| shall where he belonged, and that the policemen
who were detailed to take charge should be allowed
| TO return to their duties. The remark was thought
| nv some TO be unfortunate but only so because ii
| was easily open TO n base miscOnstructiOn. That
Mr.. Scovie promptly put upon it by declaring II ia
no direct invitation to assassins TO into the
| courtroom and shoot Guiteau. The assassin him
self has hardly said anything worse in the whole
course of the trial. Judge Porter properly de-
nounced 1t further on, and Colonel Corkhill refer
ated his statement, declaring that Guteau was en-
titled 80 the same treatment other criminals and
nothing besides.
| In his FIRST remarks Colonel Corkhi expressed
| his approval of the course pursued by Justice Cox
| toward Guteau, by conveying the impression that
! IL had probably been the means Of exhibiting his
| true mental condition. Guiteau himself furnished
the best commentary upon the statement by saying.
| with his usual quckness " Let il go, then" And
certainly there seemed to he no good reason why, *
the statements of the District-Atorney were liter
| ally correct the exhibition should not go on until
| the case was actually submitted to the jury.
"PIl give you worse than do now II you pnt mo
| in the dock" Guteau called out TO Mr.. CorkhiL
When the latter demanded that tho Marshal take
charge of the assassin and the policemen be al
lowed to return to their duties Guiteau became ex
cited and exclaimed: "You can't convict me, and
now you want to shoot men This he repeated sew
eral times. Then he leaned over toward Colonel
Corkhill with face flushed with rage, and
his blood-shot eyes cleaning at him, and said, II
hoarse voice rendered terse with unutterahii