Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1882-01-14
THE TRIAL OF GUITEAU.
Incidents of the Case and Testimony
Given.

GtVen.
The testimony in the Guiteau trial
was concluded Wednesday, and the
court adjourned until Saturday to give
the lawyers for the defense time to pre-
pare their law points for submission be-
fore the making of speeches to the jury
begins. Most of the testimony offered
by MIR. Scoville on Wednesday was
ruled out by Judge Cox. DIR. Beard, of
New York, was called to the stand by
Mr.. Scoville, who said he wished to
show that in this doctors opinion Gui-
teau was insane on July 2, but the
court excluded the testimony.
Chief Brooks of the Secret Service
testified that he talked with the assassin
at midnight on July 2, and again the
next day, and that Guiteau told him he
was not a murderer but a Christian
gentle and had committed the act
from patriotic motives to unite the Re-
publican party. 1t was a political
necessity, and he had thought over
it and prayed over it for six weeks,
until he became satisfied he had to do
it. When he witnessed the interview
between Garfield and Blaine at Blaine's
house, he made up his mind that they
were still further conspiring against the
liberties of the people, and that the
President must die.
Mr. Scoville asked permission to call
several other witnesses, of whose exist
ence he had learned since the case for
the defense was closed, and whose tes-
timony would be material on the subject
of insanity, but Judge Cox refused
TO admit the testimony. Mr.. SEQ
vile proposed to the prosecution
that three doctors, who had been
present throughout The trial, and
had not been summoned by either
side, should he called by the Court to
testify on the subject of the prisoners
insanity, without being questioned by
any of the lawye and that their testi-
mony should go to the jury without
note or comment. Mr.. Davidge, for the
pros cut, IL, declined.
Guiteau, although interrupting the
proceedings occasionally, was less noisy
than usual.
In the law points presented by
Messrs. Scoville and Reed for instruc-
ton to the jury by the court, there are
fourteen points. The main ones are
that the legal test of insanity is whether
the act was done as the result of an in
sane delusion, or committed under an
influence or power which the accused
could not resist by reason of the I'M
soundness of mind; that If the ac-
cused would not have done the act but
for such insane delusion, he is not
guilty of the crime charged against him;
that if the jury have reasonable doubt
as to the insanity of the accused they
should give him the benefit of the doubt
that the jury may take into account
manifestations of feeling on the part of
Witnesses; that the jury have a right to
consider the suppression OF evidence by
the prosecution as raising presump-
ton that such evidence, if produced,
would have been unfavorable to the
prosecution; that if the jury be-
lieved the prisoner of sound mind,
but without malice in the commission
of the act, they should render verdict of
manslaughter; that the jury should find
a verdict Of not guilty upon the counts
of the indictment representing the death
of the President in the District OF
Columbia, and that knowledge that
his act was contrary to law would moi
make the accused liable to punishment
il he did it under the delusiou that il
was commanded by God
One Of the law points submitted to
Judge Cox by the defense was that il
the Jury believed Guiteau was mentally
responsible for his act, but that he shot
| the President without malice, the wound
being inflicted in the District of Col
umbia and death occurring subsequently
in New Jersey, then the prisoner Is
guilty of manslaughter, and the jury
/ should so find. This is based upon
section 5.341 of the United States
! Statutes at Large, and is regarded as
the forlorn hope OF the defense.
Mr.. Davidge, for the prosecution,
spoke in support of the rule of legal
insanity rs laid down by the judges OF
the English berch in reply to interro.
gatories from the House of Lords. That
rule he contended, had been adhered tc
in Epgland aud i'll this country evei
since. II required the defense to show
that the accused person was unable tC
distinguish between right and wrong in
order to establish his insanity.
Guiteau frequently interrupted Mr..
Davidges remarks, and when the latter
cited Judge Davis's charge in the Cole.
man case, he shouted that the jury in
that case returned verdict against the
charge. He was very abusive, and he
announced that he would settle the
question by two hours speech to the
jury.
The jury were present during Mr.
! Davidge's argument, but were absent
/ during the afternoon, when the counse
! for the defense were speaking. Mr.
Scoville commented upon this fact with
some bitterness, and there was a sharp
colloquy between counsel in regard tC
! it.
On Monday while arguing the law
1 points the lawyers were not i'll gooC
humor, and once Judge Cox had tc
stop personal dispute between them
Mr.. Scovil'e found FAINT because the
counsel for the prosecution bowed Il
the jury every day, and he in
timated that it was intended to
have en- improper effect upon them
On Saturday Mr. Scoville complained
because the jury, after listening to the
legal arguments for the prosecution,
were allowed to go ont as soon as the
arguments for the defense we're begun
Monday this was reversed, the jury
listening to Mr.. Scoville's arsu
ment during the morning hours, and
! quitting court in the afternoon wher
/ (yol CorkhiIl ond Mr. navidoa eyOka