The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1882-01-13
THE GUITEAU TRIAL.
Closing Argument OF Mr.. Davldge, for the
.s.' E'' Prosecution. d

Closing Argument OF Mr. Davldee, for the
sa' s@r Prosecution.
Washington, January I2.-The audience
which assembled in the court room this morn
ing to listen to the opening argument to the
jury in the Guiteau case, was large and In
telligent one, which on entering the room at
an early hour, waited the arrival of the court
counsel and prisoner. The marshal gave the
spectators due notice that no one would be
permitted to leave until the hour of recess, and
for the purpose of emphasizing his remarks,
| ordered that the main door should be locked.
At 10 O'Clock, sharp, the jury entered, and
| few moments later the court was called TO
| order.
Davidge then took position in front of the
| Jury and opened his argument with the dis
claimer of any intention to make set speech,
but expressed his simple desire to render the
jury what aid he could in their present solemn
duty. They had now come in this trial when
the jury were to become factors. Whatever
disorder or levity might have characterized the
trial there was but one sentiment on the part
of the conduct of the jury. All commented
upon their digni6ed department and close at
tention to the evidence, and he could not doubt
that, as they had received the common
dalton of all in the past, they would
continue to deserve it in the future, by
the decision of the question before them.
There is, gentlemen, he continued, but sim
pie point for discussion and considsration-the
subject of insanity. The court will tell you
that in this land of law it is not allowable for
man, coldly and deliberately, to Stay another
and then say that he has no malice. The court
will tell you when it comes to charge you that
to constitute the crime of murder the existence
Of malice is wholly unnecessary and that in
deed, if committed, is infinitely worse in the
absence of that element than if it was present
In the beginning Of the trial, as you will recol-
lect, an Intellectual attempt was made in the
direction of showing that the death of the
president was attributed to the malpractice of
the surgeons who attended him with such
fidelity. That attempt was short-lived, how
ever, and was very speedily abandoned, so
that there is now but one question for you to
determine, and this is the question of insanity.
In the progress of the trial very many vague
and general expressions have crept into the
case. We have heard of crazy men, ofmen off
their balance, Of insane men, and hence it was
necessary to apply to the court for clear def
nation as to what is insanity in legal sense.
Mental experts have defined it from a medical
standpoint and it was necessary to have it de-
fined from a standpoint of law, even if a man
be deficient in intelligence it does not follow
that he shall be permitted to commit murder
with IMMUNITY. 1t takes one degree of intel-
gence to make contract and another to
make a will, another to do another act. but
when you come to crime, such crime
as we have here, murder the most foul, it nat
urally requires very slight degree of intelli-
gence indeed. 1t was, gentlemen, in order to
make the question perfectly clear and to
abridge your labors, so far as to prevent your
being led astray by questions irrevelant to the
to state succinctly what constitutes malice and
insanity. The court has spoken, and Il has
not spoken in vague or ambiguous language;
it has laid down two rules for your guidance,
which will now read Judge Cox's instruc-
tons to No. and No. 2, in commenting on
the Ist and end instructions; that is, gentle
men of the jury, if any human being has any
degree of intelligence which fits him to un-
derstand the act he is doing, and If he has
sense enough to know that that act is in vio-
lation of the law of the land, or wrong; then no
craze, no passion, will afford any excuse what
ever, then no belief, however profound,
though a man through reason and reflection
may reach the conclusion that that act is the
suggestion of and commanded by the almighty
God will afford any excuse whatever for the
preparation Of the crime; his sole and exclu-
sive excuse is that disease of the mind, oblit-
Grating the sense between right and wrong
and absolutely controlling the judgement and
reason of the party. Thus you will see that
the sense OF reason neces airy to make man
responsible, is very limited indeed. Thus you
will see that man may be here who has been
styled crank, off his nut, and even partially
insane, and yet may be absolutely responsible
for the crime. What is the act committed
here? Murder, murder, murder, by living in
wait. What is commonly called assassina-
ton.
| As Davidge touched the process of reason
ing by which the prisoner gradually reached
the conviction that but one little life interposed
between him and possibly great benefits,
Guiteau became restless, and, for the first
time since the opening of the court, indicated
by his nervous twisting about, the usual pre-
liminaries to series of Interruptions, which
in this instance quickly followed. Not often.
said Mr.. Davidge, in the record of heinous
crime, has there been such plain and pointed
evidence as to the first conception of the
crime. In this case the suggestion came to
the wretch in the night, as he was lying in his
bed.
| at came to me when the Lord got ready to
send it." snarled the prisoner.
Davidge continued: 'This thought or sup-
gestion came to him on the 18th Of MAY, still
thinking that he might obtain an office, he
sought to keep his hand clean; he made an
other effort in 1880, 10 induce the president"
Gulteau called out from the dock. ssJ