Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-07
I'd Edition.
GUITEAU TRIAL CONTINUED.
ARGUMENTS AFTER RECESS.
BAIL IN STAR ROUTE CASES.
CARD OF POSTMASTER ANGER.
TEE SPEAKER LED THE COMMlTTEES
After sece.s-szr. Reeds Argument.

After EecesS-Ssr. Reeds argysncut.
The turymen did not return 80 the court room
after recess. having taken Mr. Daridge's advice
MessrS- Scoviile and Reed, when they returned 10
their seats after recess, had an imposing array OF
law books before them. When the court WAS
called TO order, Mr.. Reed speak, saying that
it had been agreed between himself and his assn-
ciate that he should call the attention OF the court
10 only two propositions. He then read sections
1888 and 53tl Revised Statutes, quoted in THE
STAR yesterday. He conceded that the law pre-
Suned malice in the deliberate use Of deadly
weapon, bet it was question FOR the jury 10 dis
Sa s whe.her there was malice IN this case or not
was the question OF a reasonable doubt
II the jury had a reasonable doubt as to the
suflt OF the accused it was their duty 10 aCquit
him. In the matter OF insanity the doctrine That
| formerly prevailed was that the insanity must be
proved beyond a reasonable doubt. This doctriae
he'd been modified and to-day the courts held that
reasonable doubt Of q mans sanity rendered IL
the duty CT the jury TO acquit
AN ILLINOIS DECISION.
Mr. Reed was about to read from the case OF
Hobbs vs. the people, Sist Illinois, page $50, saying
that Notwithstanding the fact THAI IL might sub
ject him to sneers, as had been intimated Ivy two
OF the opposing counsel, he would presume to
quote from an Illinois authority.
Mr.. Davidge said no one had said anything Ike
that
Reed.
'ANot Illinois, certainly" continued Mr. Dav-
1dge, Judge Davis represents that state"
Mr.. Reed then read from the authority named,
supporting the theory that a reasonable doubt OF
a mans sanity requires his acquitted Mr.. Reed
also read Cunningham agt. the 1t tie, Sc, Missis
sippi. His next reference reported I'm
10th New York, page %, in which the judgment OF
the court below Was reversed because the jury had
been inStrul ted tht unless the insan ty had been
proved beyond a reasonable doubt 1T formed no
defence.
porDr AS TO INSANITY.
Mr.. Reed read also several other authorities, all
sustaining the theory that reasonable DOUBT or a
mans sanity, raised re lsonabie doubt OF guilt
Mr. Reed quoted also from report OF the Sickle5
case in which Judge Crawford held that question
OF doubt pert lined as IN UGH TO the matter Of SAN
lily as to uilt
He quoted. TOO, from newspaper report OF the
Case OF MI. 5. Albert Nicholas, decided III the Su
preme Court OF the District in 1870, Jude Carter
delivering theopinion and Judge Fisher cVncurring
with him.
Mr.; Davldge remarked that Judge Fisher had
decided otherwise in other eases. 1T shows per-
hap5,a he said, "the instability OF The JUDICIAL
mind"
Or the fnsufflciency OF unoficial reports, added
Judge Porter.
SO MUCH LAW; so MUCH OPINION.
''You can get plenty of law on either Side J" said
the prisoner. ''ItS like expert opinions, SO much
money; so much opinion"
Mr.. Davdge Interrupted Mr.. Reed, to say that
the question OF reasonable doubt must refer TO
the legal view OF insanity, as 10 what makes a
man responsible.
Mr.. Reed, continuing, said that the case of Bel
llIS HALL he neil W as SHAME ana disgrace upon
British Jurisprudence. few minutes after
O'Clock Mr.. Reed closed his argument.
MR.. SCOyILLE AND Mr.. DAyIDdR.
Mr.. Scoville, rising, asked wheter the defence
could not open and close the argument on
their own prayers Being Informed that where
both sides prayed the prosecution opened and
closed, he remarked that it SO happened then that
the jury would be present only when the proSecu-
ton talk ed.
MIR. Davidge asked II he meant to insinuate that
the prosecution had had anytning to do with the
absence OF the jury. He Thought SUI an iisinu..-
ton unworthy counsellor at a bar.
Mr. scovle said he meant To insnuate nothing.
The court checking a further discussion of the
point said he did not understand Mr.. Scoville as
making any inSinultion
Mr. Scoville, proceeding with his remarks. said
he thought the question whether or not the ac-
cused would have committed the crime il it
had not . been bee , for insani.y, was ques,
laid down in the McNaughton case, and
quoted by the prosecution, he said they were
He quote from the Mary Harris case and also
from the Nicholas case. He did not know whether
Judge Wyiie stu held the same views be dld IL
); &c ago. Judge Wylie, in dissenting, referred
to a o.,,...on by Judge HOrnbower in New jersey
26 years ago; Judge Hornbower's decision was en-
titled to no more credit than any other nsi prius
proceeding. 1t is entitled 10 no mere credit than
Judge Davis decision, where he went out - the
record for the purpose OF controlling the opl.>3n
1.-THE jury" interrupted the prisoner, "went out
OF the record to rebuke him."
AZ three ociotk, MI. Sco'llie having SAID CnaC ne
would Iced an hour longer to conclude his argu-
ment, the court adjourned till Monday.
TIE ASSASSIN FUNDS.
To-day, among the letters placed in the hands
OF Gutteau were two, each OF which contained
draft payable to his Order,-one for one thousand
and the other for five hundred dollars. These were
endorsed by the prisoner and placed in the hands
OF Mrs. Scoyille sister. 1t could not be learned
whether she hS( &hem cashed or had left them for
collection at any OF our city banks This kind OF
business is regarded conf lential by the banks,
and the facts could not BE- aScertlined. The
drafts were, however, endorsed by the prisoner,
and appeared to be genuine.
The Star Route Cases.
In the Police Court this afternoon after our |
report In the first edition OF the proceed |
ings in the star route cases closed, Mr. |
John Oliver said that he would like to know
whether special attorney can be imported here |