Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-21
Evening Session,

Evening Session.
After recess Scoville said: II might detaiu
you, gentlemen, for weeks longer with Just
such observations as l have been making
upon the evidence introduced by the prose-
cution, but / shall not dwell longer upon
facts; L will close with few general OBJ
serva;ions." Scoville then went on to say
that the laws are framed fer the punishment
of sane people, not the insane. When a man
has overstepped the boundary line of sanity,
he shoud not be punished as should a sane
man.. If you find reasonable doubt, as the
law merciiully declares, of his sanity, you
sh all give him the benefit of it. The object
of human punishment is not for revenge"
Scoville discussed at come length the de-
moralizing influence of the scaffold, and ex-
pressed the opinion that the crime Of murder
would be diminished by the abolition of
capital punishment. He then proceeded to
anticipate the argument of Judge Porter,
and to point out to the jury the fallacy of
the arguments which he predicted Judge
Porter would advance to support the theory
of the prosecution and TO secure the hanging
of Guiteau. In conclusion he said: 1t has
often been said that our jury trials are farces,
and | have in my practice frequently heard
it said that the jury system ought to be abol-
ished, because juries make mistake, because
they are influenced by The eloquence of the
advocates, because they are influenced not
by justice, not by evidence, but by the last
address; but, gentlemen, / thank God that
there was time when my English ancestry
stood up against wrong and injustice, and
wrested from despot the right of trial BY
Jury, and have never az vet
seen the time when | would
wish TO see that right abolished. feel more
secure and more safe in this mode of admin
istering justice than in any other So long
as juries are honest it does not require that
you should have read Kent or Blackstone:
it requires that you should have honest
hearts and clear heads, and above all, that
you should be fearless to find Tor the right,
regardless of what may come, rgardless of
whether your fellow-men approve it or not.
This is what | shall expect OF you, gentle
men, and / believe you will do it. L leave
the case with you, gentlemen, thanking you
for your kind attention"
Corkhill stated that on behalf of the pros
ecution he would withdraw all objections to
Guiteau's addressing the jury; that this trial
had been too long and expensive, and he
did not desire to give any opportunity for
objection upon which to found a demand
for a new trial.
Reed, with some yehemence, maintained
that the district attorney had no right to at
tempt to influence the jury by such a stipu-
latioD as he had just made.
Guiteau-I appreciate this unexpected
courtesy OF COrknllls, ana L uOnl Wholly
agree with Reed, your Honor.
Judge Cox stated that he had decided to
allow the prisoner to speak.
Davidge, who had just come in, inquired,
rs the prisoner going to speak, your Honor?
II so, | would like to inquire about how
much time he will occupy?"
Guiteau-I shall deliver to the jury my
speech which has been published in all the
DavidOe-I have not seen it.
Guiteau-Well, then, would advise you |
to get it at once and read it. / shall want
about two hours, your Honor. 1 speak |
rapidly.
As Guiteau was not prepared to speak to-
day, the court adjourned till tomorrow.
DAvidge stated that Judge Porter is in |
quite feeble health, and will probably be !
unable to speak before Monday. 1t is prob |
able. therefore, that the court will adjourn
Tomorrow until Monday