Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-01-10
By Scoville, Corkhill and Davidge.
Judge Porter will Speak To-day.


the court opened-its 9th week of
the Guiteau trial-this morning, the
crowd filed every nook and corner
of the chilly room, and the ladies
were decidedly in the majority. The
prisoner arrived at the court house
about $50 and was taken to his
waiting room. He appeared rather
nervous and his countenance indi-
Gated anxiety. When he had taken bis
seat in the dock he glanced around
stealthily over the audience ana
Immediately began har-
rangue, evidently intended for
the jury. Il have received" he
said, "some 500 letters, the great
majority of them from ladies. When
[ get time [ shall attend to them.
I want to send my greetings to the
ladies of America, and thank them
for their sympathy. They don't
want me to be hanged. Public opin-
ion is fast changing. [ received
Saturday a check for $1,000 from the
stalwarts Of Brooklyn, and another
$4,000 from the stalwarts of New
York. I want this jury to UNDER
stand how public opinion is on this
case
The bailiff here tried to silence
him, when he turned upon him in
the most vicious manner, and snarled
out: '.You keep quiet and mind your
business. Don't interfere with me
when [ am talking. Ii you had any
sense you would understand your
. place" With this opening breeze,
the proceedings i'll due form were be
gan, and Scoville resumed his argu-
meut.
Scoville proceeded without inter~
ruption for an hour, and his remarks
were listened to with marked atten,
ton. He laid stress upon the
proposition that insane men often
know the difference between right
and wrong, and for that reason,
conceal their plans; that the benefit
of doubt should attach to the plea of
insanity when raised with the same
force as when urged in connection
with the commission Of crime.
Scoville concluded his argument at
l2 O'Clock, and in conclusion desired
to make a few remarks of the per
sonal character, alluding to his con~
troyer8ies with Judge Porter. He
disclaimed any intention Of trans
crossing the bounds OF propriety or
the rules of practice, but he should
criticize the conduct of the counsel
when it merited criticism, and the
threats Of the prosecution would not
intimidate him. Citing the custom
of the counsel upon the other side, OF
bowing to the jury upon entering,
Scoville said:
sometimes it is three bows all
around, sometimes more, never less
than three; it has never been done
by counsel upon this side, and do
not hesitate to criticise the prOpriety
of it"
Judge Porter" The gentleman is
simply instancing his lack Of polite-
ness. If he has no apology TO offer,
1 stall certainly not apologize for
him A recess was then taken.
After recess, Colonel Corkhill
stated that he had not expected to
speak on legal points, relying upon
the assurance of the defense that
the question of jurisdiction would
not be raised, but as the last two
prayers of the defense distinctly
made that issue, he felt it to be his
duty as prosecuting officer of the
Government, to address the court
upon question to which
he had devoted much care
full consideration. He then pro
ceeded to read from printed slips an
exhaustive argument upon the subject
of jurisdiction. The argument Of
the district attorney occupied the
attention Of the court for one hour
Mr.. Dayidge then addressed the
court upon the general proposition
contained inlthe prayers. Il do no
deem it necessary" he began, ito ad
vert to the question of jurisdiction al
this time" "A very wise decision,
= piped in the prisoner. Mr.. Davidgt
tncn discussed the question o
''malice," which he said in its Iega
, sense meant the Intentional doing O
wrongful act, and not as the de
tense seemed to claim. In this respect
! he thought they had fallen into grave
| error.
Davidge discussed seriatum tht
prayers of the defence, and pointed
out their sophistries and inconssten
cies. The "objects of the prosecu
tion,' he said, sis to obtain from
> your honor plain, clear and direc
rulings upon four distinct PROPOSE
; tions. The apparent object of tn
defence has been to befog all tina
may be clear in this case in the vail
r hope that they may get to the jur,
with some uncertainty attached IL
some way upon which to build up
plea for acquittal. Why, your honor
in the course of thirty years practic
[ have never seen such a prayer a
!, this one offered by the defence
. It has no justification. [
!, has no excuse. We don
! want obscurity in this matter
= We want light. We don't mean t.
. let this prisoner escspe in a cloud
> but we want from your honor clea
. and perspicuous ruling, so tia
:, twelve average men setting upon tn
I jury can not possibly go astray.
Mr.. Davidge severely handled tn
11th and 18th prayers of the de
fense, and characterized them as
: mean attempt to cast aspersce upo
+ the experts who had testified for tn
prosecution themselves. The prls
a,or fo1Iouod tba argument with th