Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-12-29

Almighty has commanded people to take life. Ht
thinks he can find more evidence of that kind"
PauSing moment he took uo another letter. and
said. II have letter from some doctor in Chicago
VINO says Phoebe expects a baby. and IL IL Is boy
| they are going to name 1t after me-"
Mr. Reed read from the report a case OF young
man, who DR. kempster said showed the symp
"m0ral inS snity."
Judge Porter accused Mr. Reed OF misreading
the pamphlet, and very sharp and acrimonious
chfmed n
The object for which Mr.. Porter is making this
tah the prisoner said. sis TO divert the minds OF
the jury from Mr.. Reeds point"
Ihe witness said he never knew, IN his expert
ence. an insane man who had planned and delib-
Grated actS he had never known a case where an
insane man attempted TO escape after committing
a crime.
Judge Porter having objected to a question. said
mat III dragged out the trial 10 an intOerab!e
length. and justice required that the jury should
come to verdict some time.
Porter said the prisoner ~ am tired, too. You
MlthdraW this Indictment ana we can go home.
You see that you have no case and that's what
makes you so fussy this afternoon"
The witness said he never knew OF a case where
an insane man had an acute memory.
MT Seev1lle at half-past O'Clock relieved Mr..
heed I'D conducting the croSS-eXamfn3tloa.
During the afternoon the prisoner said the
prosecution saw they had no ease and were In a
hItn hhgTrry to R get home There isn't" he said
murder about this case any more than il had
Sfot a man In the war"
The witness having stated that he had not
has since he saw me. He came 10 my cell as q
witness for the defence. The good living AT VIII
him.
At o'clock the court adjourned.
The Order Of the Closing Proceedings.
"What Will be the order Of closing?" inquired
STAR reporter of District Attorney CorEhill.
mi. Davilge will make the opening speech for
the government Then i suppose Mr.. Scovile
will follow; don't know whether Mr. Reed will
speak or not Judge Porter will then close the
case. do not expect to speak unless the question
OF jurisdiction is raised, on which am prepared
10 say something That question was thou ght to
be great question at first, but it seems To be lost
sight OF now"
Full Text Of the Judges Remark~ Or
deriiig Guiteau TO the Prisoners
Dock.
The following is the full text of Judge Cox's de-
ctsion, rendered yesterday afternoon, remanding
the prisoner to the dock:
"It Is hardly necessary to say that the
conduct of the prisoner during the trial has
been one persistent violation and defiance
OF order and decorum and decency from the be-
ginning. The only measures which could have
been resortel to to effectually and completely to
suppress this disorder, were such as might have
lnfringed his constitutional right as prisoner on
trial. and that was conclusive argument against
resort 10 that Until Saturday last no other
measure has been suggested from any quarter,
the form of motion, although it had Itself, oc-
Cured TO nle previously. On the contrary IL had
heretofore been an impression shared both by
court and counsel, that the prisoners conduct and
language at the bar would probably afford the
best indications OF his mental and moral character-
istcs, and contribute largely TO the eniighten-
ment of the court and jury upon the vital question
of mental responsibility 1t was, therefore. in ac-
cordance with the desire expressed to me by the
tude OF conduct, unrestrained, except so far as
necessary 10 conduct the proceedings, at all In
order to furnish particularly to expert witnesses
who were present an opportunity 10 dag
nose his case. 1t was thought that 10
better opportunity could be afforded than the con-
slant Study OF the prisoner in the COURTROOM aud
under the excitement of the trial, and the various
phases OF this case. daily pending the long period
which this trial has continued; and it how
appears the opinions OF the experts have been
largely founded on the exhibitions which have
taken place during this trial: and IL they have
contributed to enable the expert witnesses TO reacn
conclusions. it is complete vindicattoa OF the
view of the district attorney that this was fire
proper course to be pursued. At this stage OF the
trial this object seems to to have been accom-
pliSled. The trial is now approaching its close
Some six weeks have elapsed since the beginning
OF this trial. These gentlemen have had ample
opportunity TO make up their judgments. and are
new In the course OF prOnouncing them before this
court ana jury. On Saturday. for the first time, as
said. an application was made to me to remand
tie prisoner TO the dock. and the object OF the
course heretofore taken having been accomplished.
il seems TO me incumbent upon me- now that appi-
cation is made, to impose such restraint upon the
prisoner AS the circumstances OF the case shall
admit, and as shall conduce TO the more orderly
co conduct OF the cause, or what Is leit
1 doubted the eXpediency of it, AMI
wished To be clear in my Judgment that it did not
conflict with tue prisoners constitutional right
He has a right TO Ice confronted with the wit
nesSeS against him; he has right to hear their
testimony and to appreciate its import: he has
right to have a counsel assist him, or to consult
with counsel; he cannot be gagged or sent out OF
the court had considered the application and
was prepared TO act upon il Oh Monday IL il WAS
Istff aiy.eA ttAat
making OF the motion would have had its moral
effect upon the conduct OF the prisoner. The
proper place for prisoner Oh trial for felony Is
in the dock. He can only come within the bar to
plead upon arraignment or to receive sentence
II the court for the purpose OF furthering JUS
tice grants him the privilege Of sitting beside his
counsel. within tie bar, IL is a privilege which
confeIs no right In itself, but like any other priyl
of The court Wht,s mrisaSer a. has siae an urs @
doubted constitutional right to act as his own
counsel, or to be heard by counsel, he cannot ex-
for, and had counsel assigned him, or
availng himself OF the assistance OF counsel i'm
any other way, he has thereby waived his consti-
tutionai right to appear as such in person. 1t is
well settled that party cannot waive constitu-
uonal right expressly intended for his benefit and
subsequently s invoke It's protection The behavior
the standard by which to guage his privilege OF
exercising constitutional right II he abuses that
and the mere claim OF such right has no weight In
the presence OF disorder created by the party him.
sell, since the rSt duty Of the court Is to protect
It's jurisdiction against intrusion, and the admin
1Straton OF justice against any attempt to bring ii
into contempt (See BlatchfOrd, 466; Otto, 1857
In this court it has been almost the uniform prac-
uce within my recollection, as matter OF tndul-
gence, to allow the prisoner to sit with his counsel
at the bar. That regard as simply matter OF
Indulgence and not right Upon considering all
these circumstances l think that the motion viii
have to be granted, and that the prisoner will be
placed In the dock. And do not mean that he
shall be exposed to any danger whatever. He shall
have the fullest protection accorded him"
TRIAL NOTES.
While the prisoners position in the dock is more
exposed than that which he formerly occupied
such precautions were taken for his safety this
morning, that none except a foolhardy crank
would undertake to do him violence. The aisle
behind the dock was kept clear OF spectators for
some PAGES In either direction. Twop police officers
and two court bailiffs stood In the AISLE and two
bailiffS in the dock. Deputy Marshal Williams
was In special command OF this guard, and kept
continually near the prisoner.
Mr.. Reed to-day received a letter, dated Jack
sonvflle, III, saying: "Dr. Mcfarland has treated
members OF the Guteau family. Is q thorough
expert Believes him insane. You remember him
In Hopp's case. Subpoena him here" Mr.. Reed
Fred. vokes, the comedian, and Mr.. Arthur, Of
the ssCOlonel" company, were among the specta-
tors this afternoon.
During the f-hours recess the hallway In the
east wing was closely packed mass OF humanity,
and for half an hour It was almost impossible to
pass in or out OF the courtroom.
The Official report, including yesterdays pro-
ceedings, comprises 1.525 pages
Guiteau appears to enjoy the change from his
ho 10 hoA Hoply