Morris tribune., 1881-10-20
THE ASSASSIN.
lie is Brought into the Criminal Court
and Arraigned for the Murder Of
President Garfield.
He Enters Plea of Not Guilty and SEQ.
vile, His Counsel, Makes a
Lengthy Statement,
Announcing His Purpose to Prove Gui-
teau Insane by the Testimony Of Drs.
Sims and Hammond and Others.

Announcing His Purpose to Prove Gui-
teau Insane by the Testimony of Drs.
Sims and Hammond and Others.
WASHINGTON, Oct l4.-When the criminal
| court was ready to receive Guiteau this morning
| the door of the witness room opened aud gave
entrance to Marshal Henry and two deputy mar
| shals, having between them and hustlirg along
| the bowed and covering figure of man for whom
they made way to the seat preserved for him be-
side his counsel. Then one of the guards un-
| locked tho handouts, giving the prisoner the
| use of his hands. Guiteau looked broken down
In health and spirits, and uncared for in person.
His dark clothes were rusty and his whole person
| presented miserably neglected appearance After
| sided. District Attorney Corkhill rose and, ad-
dressing the Judges and grand jury, said: THE
District of Columbia has indicted Charles J.
Guiteau for the murder of James A. Garfield.
The prisoner is in court. I ask that he be ar
raigned and required to plead to the indictment"
The prisoner was
ORDERED TO STAND UP,
and in anguid way obeyed. The clerk
said: Your name is Charles j. Guiteau." The
prisoner assented by nod, and the clerk then pro-
ceeded to read the Indictment. the prisoner stand
ing up with his head most of the time inclined
to the right shoulder his eyes half closed or wholly
closed and his hands as if still they were hand
cutfed. The reading occupied nearly half an hour
and during all that time Guiteau not once changed
his attitude or bearing and rarely opened his eyes.
He did not manifest the slightest degree of interest
in the scene in which he was the chief actor. and
but for an occasional slight movement might be
asleep in standing attitude.
THE PLEA.
Upon the conclusion of the reading Of the indict-
ment, the clerk, addressing the prisoner, said !:
What say you to this Indictment, guilty or not
gulty?' The prisoner in place of response,
fumbled in his waistcoat pocket and drew out a
soiled and crumbled scrap of paper
District Attorney-Enter your plea of guilty or
not guilty
The Prisoner-I enter plea of not guilty. If
your honor please, desire to make statement.
The Court-At some other time. 1t would not be
appropriate just now. Sit down.
The prisoner thereupon took his seat.
District Attorney-In this ask that the trial
be set for next Monday morning, if the defense is
not ready for trial now.
Scoville-I appear for the defendant at his re-
quest, and have some atfidavits to present, the
first being that of the defendant himself
THE AFFIDAVIT,
which was read, states that there are various wit
whose evidence is material for the prisoners
defense. and without which he cannot safely go to
trial; that the facts that can be proven by them
severaly all known to the atlantis counsel, Mr..
George Scoville, and are only known in part by the
athant: that he has no money or property and is
unable to pay the fees or mileage of witnesses
costs in summonng them. He therefore prays that
the court shall allow such witnesses his behalf as
may be shown by affidavit of the counsel TO be nee
essary the fees and costs TO be paid in such manner
as the g vernment fees paid. Scoville then
read an affidavit made by himself which states that
besides the points of law that may be made, the de-
tense will consist of two points, First, the nsani-
ty of the defendant: and second, that the
wound was not necessarily mortal, and was not the
CAUSE Ol freSluenC UaruelQ s Q6aCQ. Inc aIQaQG
had endeavored to obtain names and residences of
witnesses for the defense to material facts
the question of insanity but had been unable to do
SO because the defendant did not seem to UNDER
stand and refused to acknowledge the effect of the
common and established rules of evidence in such
cases. The afant believes this difficulty to arise
from the very fact which such evidence would
prove, to-wit: the defendant s insanity and yet he
knows of no means to overcome it. For that reason
chiefly the affidavit of the defendant became neces
sary in the case He further says since he was en-
plOyeQ IN the ten uayS he had done
what he could to prepare fer the trial, and espe-
cally as he made such inquiries he able, to
lind witnesses for the defense. He further says:
NAMES AND RESIDENCES OF THE WITNESSES
are John NJ. Guiteau, New York; G.. A. Barker,
VIM. ]. Maynard, Frances S. Brownelly, Orson W.
Goyt and Francis M. Scoville, Chicago. The aff-
ant expects to prove by these witnesses the defen
dants tendency to hereditary insanity, only by
his own conduct but by establishing, first that one
ID. A. Gulteau, brother of the defendant, was in-
sane and died in an insane asylum in New York
many years ago; second, that one Augustus Parker,
cousin of the defendant, of his fathers sis er,
was insane and died four years ago in an asylum in
Cook county, III that another cousin of the de-
fendant, one A. MAYNARD, daugher of another sister
OF the defendants father, has been insane for
asylum aHd in nfM Mohgan and furhsr
that Luther o. Guiteau, father of the defendant,
many years. The affidavit further says he expects
to prove the actual insanity Of the defendant him
self, on different occasions. by B. g. Scoville and
Niagara Falls, John E. Rice of Waucedah, Mich,
and Mr. Bradley of Chicago. The affidavit fur
ther says he expects to prove by Mr.. Foss of
Dover n. H., that he was present at the time and
place of shooting, the defendant and heard
what he sad and that the defendant acts and words
on that occasion showed unmistakably that he
insane. The afant further says it is important and
necessary for the defense to have the testimony of
experts the subject of insanity in addition to es
timony of witnesses of facts. and that he expects to
the shooting, by the testimony of the following
named medical witnesses: Drs. Macdonald and
Fitch, Of the insane asylum, Wards Island, New
York: DR.. Bradner late of the Pennsylvania hos
pita of the insane in the city of Philadelphia and
DR.. Sprague. in Chicago, of Cook county Ql) asy-
lum for the insane. The afiant also expects to
prove by the following named medical experts:
WIN. A. HAMMOND
of New York. J. Maroon Sims of New York, Moses
Gum of Chicago and Edmund Andrews of Chca-
co. that the wound was not necessarily fatal, and
was not of itself the cause of the death of j A.
Garfield; that death ensued the result of medical
pracce of the principal physician in charge of the
wounded man. The affiant has reason to believe,
and does believe that there are material witnesses
for the defense whose names and residences at
present unknown to him and the question of in
sanity; that thus far the afiant has not been able
TO obtain information from the defendant himself
otherwise with any particularly as to where he
mas been or as to persons with whom he has asso-
ciated for some years past so as to know whom to
call witnesses but the aiant believes that upon
further inquiry and within thirty days he can ascer-
tain the names and residences of many such wit
nesses whose testimony will be very material. The
affant believes that as many witnesses will be
necessary on the part of the defense as appear on
he list of witnesses for the prosecution. to-wit,
fortyfour. and the court is respectfully asked to
make an order allowing any number of witnesses,
and not exceeding forty-four, to be subpoenaed on
The part Of the defendant, as his counsel may from
states that the defendant has means for the pay
nent of any expenses, and that the afiant himself
has received nothing and expects to receive nothin
for his expenses, disbursements. etc. The affidavit
| having been read Scoville said: have endeavored
under the distractions of the defendant to secure
nFnrn nfnrf RI off htc
myself.
NOT FAMILIAR WITH CRIMINAL LAW
or criminal practice. and would not feel competent
alone thus far merely from the force Of circum-
stances. As soon as the application was made to
ne to act for the defendant and in accordance
With his request asked EN- ory s. Storrs of Chi
sago. gentleman conversant with criminal law, to
| ndertake the defense. Storrs said his engage
ments were such that it would be impossible for
which the @ aaa Of ths hs'enan oass TO
manded. I made application to Richard T.
| Merrick Of this city and received the same
case the question of jurisdiction should be raised
to argue that branch of the case to the court but
he said beyond that he engagements would not per-
init him to take an active part in the defense.
next, under contractons of the defendant, applied
| to Benz. F. Butler, but my impression is the let
ter addressed to him must have been miscarried,
received no answer. saw what purported to be q
telegraphic dispatch from Butler to some one in
TINS city, dated wednesday. at Boston, saying he
| had not heard from me- I have not addressed
him further, hoping he has received OF
will receive my letter. OF course. if he cannot at
tend to it it will be duty to try to obtain other
counsel Imention these things as part Of the rea-
sons which think should operate with the court
and influence 1t to grant further time in the case
District Attorney Corkhil opposed the delay asked
for: Judge Cox said prompt trial was essential,
and fixed the trial for November 2. When the
hearing was concluded the officers gathered about
| Guiteau and secured and fastened hts handouts,
| and the prisoner was taken from the court room.
Judge Cox intimated that If Scovlle could not OBJ
tain satisfactory COUNSEL he would assign him COM
| petent counsel from the local bar.
Anna E. Dickinson is to begin her theat-
rical tour on Jan. 2 as Hamlet, following
that with Claude Melnotte and Macbeth
She says there will be no backing out this
time, as all the arrangements are complete
and satisfactory. Her first appearance will
probably be in Hartford. In the first two
characters named she will wear her rather
short hair about as usual and her face will