The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1882-01-10
SECOND EDITION
THE POINTS OF LAW.
MIR. sCOvILLE CLOSES HIS Ar
GUMENTS ON THE PRAY.
EEs, AND MIR. DAVIDGE .
REPLIES.

AFFLICTED WITH TRANsIToRY
MANIA, AND APPEALS TO
THE "sTALwARTs."
WASHINGTON, Jan. 9.-The Court
was called to order at 1905 o'clock and
a few moments later Guiteau was led
ia and placed in the dock. He opened
the proceedings of the first day of the
ninth week of the trial by making
speech about his mail. al have" he
said, "about seven or eight hundred
letters that l expect to examine as
soon as | have time. A good many
are from ladies expressing sympathy
and praying that l be acquitted. l
desire to thank the ladies of America
for their sympathy. On Saturday l
received check for 81, 900 from the
'stalwarts' of Brooklyn also, one for
$500 from the 'stalwarts' OF New York.
l desire to call on other 'stalwarts' to
show their hands with checks. (An-
grily to the balliffs) Keep quiet and
mind your business. Don't interfere
with me when l am speaking"
MALICE IN BIeAMY.
Mr.. Davidge-What we say is that
if the party knew he was doing wrong
then malice is conclusively proved.
That is the language of the Supreme
Court in the Mormon case and was the
language of the Judge who tried that
case in the court below. If the man
indicted for bigamy knew that he was
violating the law in marrying while he
had first wife living the law imposed
malice upon him coDclusively. l do
not see any other issue here.
Judge Cox-There is no question OF
malice In bigamy.
Mr.. Davidge-There is what is
known as malice in law, or, as they put
it in the Mormon case, the intention to
do wrong.
Guiteau-That is question of fact
for the jury to pass upon.
Mr.. Davidge-I do not understand
by malice, grudge or ill-will or any
thing of that sort. My notion Of
malice is the intentional doing of a
wrongful act, no matter what it may
be.
Mr.. Scoville, passing to the eleventh
prayer, argued in support of it that Il
the jury believed that the prosecution
had wilfully suppressed evidence o.
the mental condition of the accused
during the two weeks following thu
shooting, the jury had right to taxi
that fact into consideration as raising
a presumption that such evidences
would have been unfavorable to thu
prosecution.
GUITEAU's NEW THEORY.
characterization mania Is The
word, Judge, not moral insanity.
Mr.. DaVidge went over his arguments
in support of the prayer of the prosecu-
ton. He said: "The learned gentle
man (Mr. Scoville) treated us to 8
homily here in respect of public senti
ment. Where would his client be il
public sentiment could be heard here
How long would be continue in this
courtroom? think that really in this
argument the less said on that subject
the better" Mr.. Davidge then criti
cised in detail the several instructions
prayed for on the part of the defense and
contrasted with them the four simple
propositions prayed for by the prosecu'
tion. Continuing he said! "The law lays
its hand upon the prisoner and deali
with him for the purpose of making ar
example of him. He will be judged
elsewhere and finally judged. The pur.
pose of the law is to prevent on his part
a repetition of the offense and to pre-.
vent an imitation of it by others as de-
prayed and wicked as himself. The
law does not want to make him suffer
(his very suffering is an accident) bul
the law Furnishes him so that society
may live.
Guiteau-I say that the act was righ,
and you say that the act was wrong
We will leave it to the jury to decide
That is the way we will fix 1t. an
leaving il to the American people, ant
they are coming to my side every day
Mr.. Davidge with an air of profounC
disgustl-Oh, keep quiet.
Mr.. Davidge went on to say awe
want light. We do not intend to alleW
this prisoner to escape in cloud. II We
are in error in our prayers, let the errol
be rectified, but let the oulgoings of thil
court be plain and persplcRci0us beyonC
even the reach of criticism. Referring
to one of the prayers on the part of tht
defense, which tntmated that there haI
been suppression OF evidence on th'
part of the prosecution. he declared tha
that was "a mean and cruel aspersiol
without the slightest foundation in fact
What motive could counsel for the pros
ecuuon have in suppresstpg aPythini
that would inure to the advantage of tn
prisoner? Which enc of them would d.
it2G
Guiteau-Oorkhill is the man. Bailey
notebook was suppressed, but had Mr
Brooks there as special Providence o.
july 2, and told him all about tbs Il
spira tion. Corkbill intended 10 chea
me on that point by suggesting that
was three or four weeks after the ac
that l first said anything about the II
spiration. That shows the iniquity {
the prosecution.
} Mr.. Davidge having closed, Mr.. Po
} ter was about to commence his argumeT
when, at the suggestion of the Dlstric
Attorney the court,at 2.50p. m. m.,adjouri