Hand County press. (Miller, Dakota [S.D.]) 1882-1893, 1882-01-25
sUITE1d
,oRrr-rrrrn par.

George scoville began his argument for the
dsfen-e, aud consumed tho dsy without iiuish-
ing. He started by charging tAat there was
conspiracy 10 hang the prisoner. He then
proceeded Ia name the consphStors The Dis
trict ATTORNEY, Judge Porter, Mr. Davidge and
five OF the Government experts namely, Drs.
Gray, Hamilton, KcmpstT, Macdonald and
Wooster. The counts OF this iisiictment, s,sen-
y IN numter, are
Pirst-They have pervers.a ihs law in this
case. q
scoville, In illustration Export OF this
count, slludga g The lntrs 'pI5sIaass Dor
fet &f fae fsksse.s ~ Snig6 8 M gwI5fx
case. He said "Counsei u, Gn the other side
indignantly reprdiated. the Suggestion that
Judge Davis sat with Cardozo or Barnard, but
L have yet to learn IL either Of them ever
committed a more reprehensible act than that
Of Judge Davis"
Scoyiile warmed up with his subject, and dc
nounced IN severe language the extra judicial
act Of Judge Dlyis. Had a newspaper been
guilty Of such lold-faced attempt 70 influence
the ceci'ion in q pending cause the editor
would have been subject to arrest for con-
tempt"
Judge Porter" Don't let us turn this court
room into town meeting"
scoyille resumed, but was soon interrupted
10y Davidge, who, with some impatience, said:
"Oh, no, no, Scoyiile that's not so."
please; shall not be deferred from saying
Just what believe to be tho truth.
DaNidge-Wcll, well, I'll not interrupt again,
and say what you NAV.
Guteau That's right. Davidge you keep
quiet. You talked for two DAYS and didn't say
anything eth sr now give some one else show
Scoville continued: When Sudge Porter comes
before this jury and undertakes 10 pervert evi.
dence, shall not keep quiet, as did with Dav-
idge, but shall stop him.
Guteau-So shall L
Scoville--I ehall stop him, and shall correct
him, II find he IL rnlsstating evidence.
Guiteau-Neyer mind; Ill attend to him.
Judge Porter-There viii be two Guiteaus
then to attend to no.
Scoville continued "Tbe prosecution states
that il the prisoner knew the fact was wrong
on July 2, then lac should hang. Now this il
uot by any means the whole of ii, or 4 s1rrobt
statement OF the law. The court has added in
substance as follows Yet if N this act be was
| overpowerod by consciousness coming
| through his diseated mind that wha. he was
doing was necessary for the good of the
country and was specially approved by God,
| then you canuot convict him OF murder"
| Scoville proceeded to point ont to the Jury
what be termed the psrversions Of eviderce BY
| Dayldge. He attacked the theory OF the pros
ecution that it was the prisoners own innate or
! acquired depravty that naturally led mp 10 the
killing Of the President. and DISCUSSED at some
length the evidence introduced by them to
show instances OF the prisoners mesnness and
| deprayity. "This evidence" ssd ScovilIe.
"has in almost every instance been perverted
| Counsel parade here the debts owed by the
| prisoner, and attempt to make much OF them
iD this chain they are weaving"
GuIteau--l owe about 81 900, and suppose
that ought TO hang man. IL these people
will send in their bills now, III give them
checks for them and get them out OF the way.
suppose I've got some 4Snoney now. I'll get
ri,rnf thexa seUpsor ssSi IN, sssSS s.-y-
body.
scoviIe then alluded to the incident sworn to
by Shaw Of Guitesu pawning a worthless watch
| for S25.
Gulteau shouted "Oh. you better stop on
Shaw-'pshaw, mean" And added "That
was meant for pun, but they don't seem to
| see it,"
scoville denounced the witness Shaw. H.
| believed he had deliberately perjured himself
| IN this case as had also tho contemptible little
jew clerk who came down here to help Shaw
| out.
Guiteau screamed out "Ths whole test
mony OF Shaw is false. aud 10 decent mar
would believe it for an instant"
FORTY SIXTH DAT.
scoyille resumed his argument for the de
tense, and was at once interrupted by Guiteau,
sho made one Of his characteristics speeches,
asking the court to instruct that IL it appear
that he WAS forced by the Deity TO remove tn @
PresIdent he may be acquitted on the ground
Of transitory mania. Slckes, Mcfarland and
iiircCcS, ho sad, were acquitted on the grodnd
OF transltory mama.
&c willie began with O general complaint OF
tie alleged unfsirnoss on the part OF the pros
rCu'ron. particularly OF the Prosecuting Attor-
pcy. He had from the beginning prescribed
who should lit the jai aud who should not
He bad introduced pc, SONS into the prisoners
eel under false guise. to worm out his secrets
and when the prisoner ssid anything which
m ght inure to his benefit the Prosecuting At
torncy bas been very careful to let 1t become
snown. He complained Of CorkhilI's unfair
ness in destroying the notes of Steuographer
Bailey, so that the defence could not have the
benefit OF them The conduct Of the prosecy-
ton in the courtroom, he alleged was not only
unfair TO the defense, but was often discourto-
on. and more beflttinS police court than this.
Scoyilie then criticised severely the course OF
tie prosecution in refusing TO permit the pris-
oner 10 address the jury for q brief hour or two
simply because they feared he might disclosed
his manner or speech his true mental conditio
Scovillo then called attention to the letter wri.
ten ly Guiteau TO tho District Attorney, and from
which portion had been clipped, as he claimed,
by The prosecution, and in spirit Of unfair
ness.
Davidge (smiing)-- -" Oh, just assume that
one Of the coaspirators cut il out
Corkhi!l-"I suppose what you are driving
st is that yen want the jury TO think cut a slip
out OF that letter.
scoyille-"I believe il sas done by you, or by
your direction, for the reason that you believed
1t for the interest OF tho prosecution"
$50 do 1, !" shouted Gui.ean.
scovile then proceeded TO gtve the jury his
views upon Judge Porter, and to instruct them
as to how much weight they should attach to
his utterances, and as to the best means of
counteractine the influence OF his oratory.
Porter, ne said, was prostituting his fine at
tainments In an effort TO hang an insane man.
said "when he left the Oneida Community,
he sought ont Beecher's church, the Young
Mems Christian Association, and the society OF
Christian people. His tendencies at this time
were not immoral, nor had he shown any indi-
cation of that awful with ssrcasm) crime of not
ton are trying to hang him"
Corkhili--"Ob, no. IL he is hung at all, 1t
will be for murdcr-not for owing board
bills."
G,dtsau called out: ~ guess there amt
much chance Of my being hung, anyhow"
journment, bis review Of The lie Of the pris.
oner. explaining his acts IN ths light OF coun-
sells (Scoville's) theory upon the case. Guiteau
occasionally commented. but never seriously
disturbed the course Of the argument
ScoviIle spoke Of the monumental assurance
o. the prisoner in naming himssif in conneo-
ton with Grant, Conklisg and Arthur.
81 should say . pretty fins quartetta,r on.
claimed the prisoner.
Later on, Scoville read from Guiteau's speech,
when Guiteau again called out "You better
not read any more, Scoville Il goes dead
against your fool theory"
FoRTY-sEvExTH DAT.
scoville resumed his address, taking up and
discussing insane statistics introdnced by the
prosecution. Discussing the horrors Of crime,
~ often shown In the acts Of insane criminals,
Scoyllle said there was nothing In this act 70
compare with some Of these acts of insane
criminals "and, gentlemen OF the jury, y
! he said, "in my opinion, II there were not
this prosecution, this prisoner never would
have been brought TO lrisL But I tell