New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-22

Monday morning Mr. Sc0vlle had also stated InaV NC
would retire from the if Robinson did not MI
scovle had been present whilst he crossexaminng
Dr. Bliss and had made objection to his questions
In conclusion Mr. Robinson said: have to soy that
am not accustomed to learning from an associate co-
sci his objections TO my examination OF wihess ior
the first time from the paper Of the following d'y
The counsel who thinks 1t such breach OF ell
quette for TO make, without consultation Win hh
a motion which originally had his concurrence and ap-
proval esteems 1t breach Of etiquette from concur
ring with in the expedency Of my retiring from the
through the columns Of the press III Is unheces
to say that can have no further association Oh any
kind with such a counsel II would be impossible TOT
me to remain in this case unless he out Of It,
and as can conceive that from his relations TO the ac
cused and from his knowledge OF the facts OF the
defence, he is indispensable to tho defence, 1t only
remains for me to ask that he instantly relieved
will add that no odium attaching 10 TINS
prisoner animadversions Of tho public no difficulties
of the case sacrifice required from it, would ever had
induced me TO abandon this defence"
The prisoner dnterrupting mpetuously)-I want Mr..
Robinson to stay
Mr. RobinsonI only ask to be relieved because there
is other alternative and inasmuch as can no longer
continue in the honorable discharge of the trust COM
united TO me. l must ask your Honor TO give me an
honorable discharge frOmt
The prisonerThat is an able speech and agree Win
of it, II had been made last Monday there would
have been no disturbance between ua. sympathizc
malpractice. He has got the true idea OF 10.
Mr Scoville replied 10 Mr. RobnsOn's speech regretng
that any difficulty had arisen between them and attrb
uting to their different dispositions lie complimented
Mr. Robinson the ability which he had shown in ar
ranging the defence, but made no opposition to his
retiring
The Court-The thanks Of the Court are duo TO Mr..
Robinson for the promptncss with which he responded
the request OF the Court and participated In this
defence great professional sacrifice as know, and
nobody questions his professional ability and the senti-
ments winch governed him throughout / perceived
from the start that he placed in position Of
unpeasantness, and have felt recently that ought, II
he desired It, TO relieve him from connection
with the case. especially perceived that Mr. Scovis
was thoroughly Of the case. feel cOnsrancdto
grant Mr.. RohiDson's application, and to grant him
most honorable discharge.
Mr. ScOyille-I do not anticipate being entirely with
out assistance because sill negotiating with gen
tleman from Chicago.
The prsoner-I understand that Judge MaGruder i |
anxious assist in the defence have scnt him public
notice that want him. also John d. Townsend. OF New
York-not George D-and again desire to hear from |
these gentlemen, either publicly or privately. Invite
them publicly TO meet here also Mr. Trnde and Mr.
swett of Chicago. AZ 10 the question Of malpractice,
we do propose to insist that here but desire the
record show that appear here in my own capacity
counsel The idea Of malpractice is this: that accord
ing to the physicians statements the President not
examination and said he would recover. II he not
fatally shot July we that his death caused
by malpractice. We do desire to press that, but
desire it go the record for the Ccurt in banc
necessary Ny defence here is that it Is the DetYs act
aud not mine aud expect that he take Of it.
He has taken care of il very well far Laughtcrl
Mr. Robinson then left tho courtroom. A. he was
walking toward the door, j. W Guiteau stepped Up 10
him and shook him warmly by the hand.
The first witness examined Joseph X Barnes. sur
ceonGeneral OF the United states Army. who tcstihed
that he had assisted in dressing President Garfcd's
wound from July TO September z; that he present
the autopsy. and that the wound mortal and was
the cause OF President Garfclds death.
Substantially the same testimony given bY Or. ].
d. Woodward, Surgeon, United States Army.
DR.. j.. s. Lamb, Acting Surgeon, United States
Army testified that he had made the autopsy;
that the gunshot wound the Of
the death; that he had examined the records, and
had found no OF injury 70 the same
extent, IN which the man had recovered IL was NOR
ta wOnud Witness presented he ateucd bullet taken
from the body and IL exhibited to the Court aud
Jury. Neither OF these witnesses WAS crOsscxam.ned
The Disrict-Atorncy announced that the prose cuOu
here closed lis except that he wished It 10 go On The
state Of NewJcrsey; and that the rarold depot where
President Garfield was shot was on punic reservation
Siited aGe9%y by Mr. u Sc seoyiio H' ''''' D''' '
GUlrrAU INVITED To SPEAK FOR HIMSELF.
Mr.. scoyle then suggested that the prisoner should
be heard his Own behalf this stage Of the proceed
ngs.
The Court asscnted
The prisoner (without leaving his seat)-I not
aware that was expected to speak this morning (To
Mr. scoyile VINO whispered 70 him TO stand up will
only got "a moment speak do not say any
thing more tEan wss published In my address last Mon
1av afternoon The EceItiH0 star That paper ad
1resSed, TO your Honor and the public, and pre-
same that most OF the lurymen have heard H. |
appear, in part, as my own counsel the best way
ns as have done during the last two or three days
meant 10 dscOurtesy TO anybody IL the case only
want get the facts. n somebody says hat owe
Dim $50 ard II ia not will deny It the spot
simultaneously with the false charge. or course will
sE s Nv idea s bo%eyer to correct mis-
statement! while 1t is hot and at the moment the state
nent made ana that dspoSes Of IT, instead OF waiting
number OF weeks till The matter Is dgcstcd and mis-
great deaf Of the bad feeling in this mat
er has come from enforced silence or IRON The suppress
on of my papers think that the true way Is to nerlect
e make. am much obliged 90 your Honor and my !,
counsel for the courtesy cf tho invitation. =
ury in plain easy matter-offact style, and without
be sghfes effort at oraOry He criticised the course
II the DstrictAttOrney III presenting the testimony 10
much In detail. The simple questions III the case were
ot denied and whether he at tho time, in such
condition of mind that lac should be held responsible
the act On this point there would bo great deal OF
XPert aud, therefore, contradictory testimony The
ury shOnd note carefully the expert witnesses, hear
heir testimony, sec how they stand examination ana
rosse Examination. and then come to the best X
nsions they eond arrive at The difficulty Toqld come
The jury should then consider that the experta the
,art OF the government hfe pelng pa TlOO OF SZOO
hat height beyond passion and feeling and love OF money
" that these things could have influence whatever
u their feelings, or their judgment. u
On the other hand not single expert witness for the
efencc would he paid and theiT testimony II in Of
he prisoner, would expose them to condemnation and q
stracisn in the communities whore they lived These
things be taken into consideration IN weighing
he expert testimony. The popular feeling IN
against tie prisoner had been manifested in three |
eparste attacks upon his ie the last them being
by the newspapers all the country d.
That popular feeling would also show se in the tes
nony Of the expert witnesses. lie cOntrased his
neXpericnce IN criminal with the experience and
bility OF the counsel for the prosecution and view