The Portland daily press., 1882-01-11
GUITEAU.
Law Arguments Finished.
JUDGE COX RULES AGAINST THE
DEFENSE.
Porter Makes Passionate Plea.

Cox made his appearance, the great majority
being new corners. AS Guiteau came with his
brother he whispered to him "Come over to
the dock. l want to see you about something
prisoner had soon a large bundle of papers
and spreading out his manuscript beside him.
self began looking it over.
Judge Porter began bis argument shortly
after ten and at once fixed the attention of
every one in court. Guiteau pretended to be
engrossed in his manuscript, but soon laid it
aside and listened With wrapt attention. Moth
ing like it has been heard during the trial.
As Porter reviewed the conduct OF the prisoner
and conduct on the part of his counsel in court,
holding up the crime in all its hideousness to
the detestation of his hearers, the silence be-
came oppressive, and the presence of avenging
justice in the near future was suggested with
a force of conviction that swept from the court
room every vestige of that levity which has
SO long danced attendance upon every ut
terance of the prisoner. The prisoner WINGED
and nergously twisted in his place and for
several minutes was unable to say anything
that in any sense could approach to an inter-
ruption. Gradually the prisoner regained his
usual assurance and resumed his daily habit of
interrupting with contradictions and denials.
For once, however, the insufferable impudeDce
of the prisoner was completely overawed.
Neither his noise nor his abuse could interrupt
or silence the avalanche of COMO emnation that
swept from the lips OF the eloquent counsel.
Judge Porter, "If he believes that by his un-
seemly bawling he can prevent my voice from
being heard by the jury. The puppet cannot
be moved in such good time as when he sat
with his counsel and by his outbursts fastened
the rope which now he is fast Tightening about
his neck"
GUTTEAU ABAsHED.
With nervous twitching of the mouth
Guiteau muttered, "We'll see about that"
The heretofore audacious and wholly unabash-
ed prisoner seemed i'll of ease and at q loss to
understand why his would-be sallies of wit or
impotence wholly failed with the audience,
why the more severe became the denuncia-
tions of the counsel the more frequent and
marked were the demonstrations of approval.
Finally, like a wild beast brought to bay,
Gniteau yelled out, II staked my life on the
issue and I'm willing to go to the gallows to-
morrow if it is the Lord s will. am sick of
this beast, Judge Porter. | wish you would
get your $1,000 and go home"
Porter concluded his mastery argument at
II. 40 by reading from letter of President Gar
field to Judge Payne, in which he compli-
mented and thanked him for brushing away
the network of sympathies with which 1t hiss
of late years been customary to envelope the
plea OF insanity when set up in excuse for
crime.
THE DECISION.
Judge Cox at 11.45 began the reading of his
decision, which begins with lengthy review
VI
the progress of opinion and cited all important
rulings from the early days Of the common law
in England, and decided against the prayer
of the defence. He summed up the ques-
ton that 'ths jurisdiction is complete in the
place where the wound is completed, Conse-
quently this court has full cognizance of the Of
fense."
Judge Cox next took up the question of the
legal test of insanity and decided that the
knowledge and appreciation of the difference
between right and wrong must be taken as a
test.
Judge Cox concluded his decision at &c
having consumed an hour and forty minutes
with rapid speaking. Upon every material
point his rulings were directly against the pray
gress of the defence. The only grain of COM
fort for the prisoner was offered when Judge
Cox reached the question of reasonable doubt.
Upon this subject he said:
shall not charge the jury to acquit If they find
q reasonable doubt as to any one element But
shall take into consideration and charge them
relative to all the elements, and that if from all
the circumstances and the evidence they have
reasonable doubt of the commission by the
defendant Of the crime as charged, then they
shall acquit.
AS Judge Cox finished speaking Guiteau call
ed out, II am perfectly satisfied with that eX-
position of the law
After consultation between the counsel the
court adjourned until Thursday morning, when
Davidge will make the opening argument to
the jury for the prosecution.
PoRTER's ARGUMENT.
In the course of his argument to-day, Judge
Porter said there had been question that un-
der the new order of moral insanity of which
Sp:tzka was a disciple, there. could be no
malice where there is intense depravity; that
where this wickedness extends SO as to control
a mans actions and to redden his hands with
murder and his conscience with the guilt of
incendiarism, forgery, and arson, the Father
Lr1s ,-&z ~ CHI alI hat xrtnv
malice is SO intense it ceases to exist that
when the will is mastered by instigation of the
devil divine shield of protection is thrown
over the criminal.
The counsel for the prosecution did not so
believe They denied that it was law. The
clared the law to be that the criminal intent de-
manded in indictment was only that intent
which the law presumed from atrocity
of act and from circumstance Of
deliberation under which it was committed.
We are told, he continued, that these, point
ing to an array of law books, are Anticipated
decisions, antiquated IS my style of oratory
Unhappily never studied in school of elocu-
ton and never conscientiously adapted myself
to anything except just what happened in the
providence of God. l have accepted it as a
gift of my Maker. II criticise no mans voice,
no mans elocution, no mans motives, unless
he makes them so transparent as to call for
their condemnation in court of justice. un-
happily did not have the advantages which
Guiteau did of studying at the feet of this
Gamalal (pointing to Scoville) Whether my
manners or morals would have been improved
if he had been my instructor is for others, not
me, to jndge; but certainly he cannot claim
that the disciple whom he produced as the re-
suit of his teachings commends him to me as
an appropriate instructor of youth. / refer
now not to antiquity. refer to the book pub
lished in a revised form in 1880.
Mr.. Porter quotes at length from legal au-
thorities-to define the meaning of the term
malice. Referring to the fact of Guiteau's
lying in wait for the President few nights be-
fore he shot him, but being deferred on seeing
the President talking to Blaine, Mr.. Porter
said: sHis cowardice mastered his wickedness.
He pocketed the pistol and waited for day
when it would not make him so hot as that
night to escape from the pursuers of muir
derer."
The prisoner-'fThat is false, Mr.. Porter"
If it is false it is falsehood verified by the
act of the prisoner four days after he formed
his decision He gave Garfield one last chance
and wanted to know whether he was or not to
have the consulship at Paris. Blaine had re-
jected his application with contempt. He de-
manded of the President the removal of Blaine
and added that If the President refused it
"You and your administration will come to
grief"
He did. His administration did not.
The President died. The government lives.
1t is under the control of a President who will
do illustrious honor to long line of Presi-
dents.
The man who murdered his predecessor is
brought to justice by him under law by him
and by his authority; and we demand in be-
half of the government that this assassin shall
not be spared under false pretences.
The prisoner-"You were employed by Ar
thur under Misrepresentation and you better
get off Mr.. Porter.
Mr.. Porter-"Under misapprehension that
the law was stronger than the prisoner. The
prisoner thinks Guiteau is stronger than the
law and Scoville thinks with him.
The prisoner-"I think the Almighty might
Ter than law"
Mr.. Porter-"He will come directly before
the Almighty and he had better postpone his
argument if he has any, until then. He will
feel soon what he never felt before, a divine
pressure and in the form of the hangman's
rope" He continued, when the prisoner
went on the stand as witness and swore he be-
lieved he was predestined to remove the Presi-
dent he omitted to add that he was predestined
by the same power to be hanged for it. Going
back to the doctrine laid down in the Nc
Naughton case he said, land that is the anti
quated doctrine which your honor is asked to
explode-an idea that we live in an enlighten-
ed age, an age enlightened by Guiteauism, an
age in which we have learned that the politi-
clan may sacrifice the life of the head of the
government in petty pique or make interest
with the Presidents successor, being 80 conf
dent of the gullibility and rascality of man.
kind as to believe men like Grant and Conk-
ling and Arthur would shield a criminal and