Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-05

affidavit, Colonel Reed addressed the Cour
| in favor OF the motion. He was aware tbs
matter was entirely within the discretion O.
the Court. 1t was not, however. without pre-
cedent, and that, too, in a United States
| court. He then cited a case where evidence
| was admitted, even after argument to the
| jury had begun. He felt assured that the
| American people would not begrudge the
| one extra day now asked in behalf of this
| prisoner, in the name of Justice and a fair
trial. He then paid glowing tribute to
| Scoville, who had defended the poor creature
alone and unaided, without money and with
| out encouragement from any source.
| Davidge replied at some length, and de-
| MED that any precedent existed for reopen
ing the case simply to introduce accumula-
| tive evidence particularly in the case of Dr..
| Mcfarland. He believed it would be a
| scandal TO admit the testimony of a man so
reckless as to form an opinion, and be will
| ing TO swear merely from reading newspapers.
Scoville replied at great length, and de-
| tailed the hardships and difficulties under
which the deferse had labored in the prepar-
| alton Of their case. II was almost impossi-
| BILE to get witnesses to come here. The ex-
perts for the defense were compelled To be
satisfied with s. % per diem, the regular
witness fee, while the experts for the govern
ment came here it is supposed leaving grave
trusts behind them and remained for six
Weeks, anu every one OF lnSn plainly showed
Dy their evidence that they expected full pay
for their services and all knew what that
meant, " and these experts" said ScoyiIle,
q are still waiting here to see the result Of
their evidence in hanging this prisoner.
But fortunately for the cause of Justice,
your Honor and this jury stand between him
and the gallows."
Colonel Corkhill could not at this stage
allow the remarks of counsel to go unan-
10
peat to-day, that he would not object to the
introduction OF any new facts material to the
defense; the only objection 20 be made by
the prosecution had been already mentioned
by Davidge. There had never been a trial
in this District where so much hberality had
been shown by the government.
Guiteau insisted upon being heard. The
bailiff tried to silence him, but was met with
an angry Let me alone or | will slap you in
the mouth" Guiteau then called out: "Your
Honor, all want is to show that | told these
men on my way to Jail that it was the politi-
cal situation and the pressure of inspiration
that caused me to remove the President"
Judge Cox said that counsel for the
defense came here stranger to the courts of
the district and even to the prisoner him
self, and found himself environod with
difficulties from the onset. The most serious
difficulty was that OF the odium attaching to
the assassination, which made witnesses
unwilling to even allow their names to be
known to the defense. Approaching all these
difficulties which embarrassed the defense, he
Judge Cox had felt disposed to offset this
with equal latitude and more than ordinary
facilities in the preparation of their case
Evidence of insanity could not be offered in
surrebuttal. In his opinion, proof of insanity
should be limited TO the evidence in chief of
the defense and rebutting evidence of the
prosecution. He, thert fore, must exclude
the evidence of DIR. Mcfarland. The testi-
mony, however, of those witnesses BY which
the defense expected to prove that the p,is-
oner asserted upon the day OF the assassina-
ton, and upon the day after, the motive for
his act, the Court held should be admitted as
evidence in surrebuttal.
Scoville then called
DIR. BEARD
OF New York, who was sworn. Objection
was made to his testimony, and the objection
ustained by the Court. Scoville stated what
he intended to prove by the witness, and
noted an exception to the ruling of the Court.
The next witness called by Scoville was
J. J. BROOKE,
chief of the treasury secret service. Witness
visited the prisoner at the Jail the night after
the shooting; Guiteau was in bed at the
Time; he arose in great anger and excite
ment," said the witness, "and wanted to know
quiet at that hour OF the night; L said it i'll |
became him, murderer, to speak in that
that he had disturbed the rest and |
quiet of the whole nation; he came back |
at me that he was no murderer, but . Chris |
tian and gentleman; that his mind was made |
up that he had been moved TO do the act as |
a political necessity, and that it was for the |
good of the country" Witness continued: |
Il told him was a Republican and Stalwart,
and he replied, Then you can appreciate |
Why did it. Witness detailed at some
length his conversation at the time. He |
witness) said to the prisoner: of you had
AIKEN dpty into consideration, you could not |
nave done such an act, and the prisoner
eplied that he had thought over the matter
md prayed over it for six weeks, and the
more he became convinced that the Presi-
lent must go and it wac HE duty to remove |
him.
Notwithstanding his promise in the morn
ng Guiteau continued to interrupt, and be-
anne involved in an alteration with one of
he ballifis who tried to silence him. "I'll
lap your mouth" he frequently snarled at
him, but made no demonstration of carrying
lis threat into execution. At another time
lie said: "You are nothing but miserable
lnderling, while | speak to millions of peo-
lie when / talk"
When Judge Cox finished his remarks
pon Scoville's motion, 0uiteau insisted |
pon an expression OF his opinion. "That's
l 6rst-class decision, Judge; that's all /
Eant to get before the jury, what l said at
he time relative to the causes that impelled
ne upon the President, as for the rest don't
are snap. 1 would not give fifty cents a
ushel for this expert testimony. If | had
money enough / could get fifty of the best
Iperts in the country to swear that l am as
razy as a loon; that's just how much that
ind of evidence is worth"
Scoville introduced a letter written by the
risoners father, in which he expressed the
pinion that the prisoner was insane.
Guiteau called out sneeringly: of it is
he object in reading that letter to show that
ny father was crank, or | am, you are the
iggest jackass, Scoville | ever saw. Ii you
amt learn any sense l shall have to rebuke
Gu in public"
Davidge, on behalf of the prosecution, then
equested the defense 10 make known the
aw points on which they desired the ruling
{ the Court.
Scoville said he would like a little time
Or the proper preparation OF this part OF the
ase.
Davidge said the prosecution had already
repaired their statement of the law points
pom which they would rely, and he would
e pleased to give the defense the benefit OF
hem. He then read as follows:
First-The legal test of responsibility where in
unity is set up defense for alleged crime, is
hetoe the accused at the time of committing |
he act alleged, knew the difference between right
nd wrong IN respect to such act; hence in the
resent case, If the accused at the time of commit
ng the act charged knew the difference between |
ght and wrong IN respect OF such act, that is if
knew what he was doing and that what he was |
Ding was contrary to the law OF the land he is re-
Donsib!e.
[Guiteau-I didn't, because nav free agency
as destroyed.
Second-H accused knew what he doing, |
nd that which he was doing was contrary TO the |
w of the land, ii constitutes evidence, even if
were true that when he committed the act he |
ally believed he was thereby producing public
sneht, or carrying out inspiration of divine !
,gin or approval, such belief would not afford !
ly excuse, nor would such an excuse be afforded
as impelled by dspaved moral sense, whether |
ate or acquired or by evil, or by passion or indn
renee to moral obligation
lGuiteau-All OF which is false
Ihlrd-Insanity woold, however, constitute a
efense ii by reason of disease the accused the
me of commi ting the act charged did not kneN &.
hat he was doing, If he old know IL that W-Ia- !
doing was contrary 20 law.
[ Guiteau-l had no choice in the matter.1 I
fourth-The only evidence in the present case
nding to show an irresistible impulse 10 commit