Morning journal and courier., 1882-01-06
News by Telegraph FROM ALI QUARTERS. GUIlBAU'S LAST HOPE. Questions of Law Raised
 By Counsel FOR JUDGE COX'S RULING. Insanity and Jurisdiction the Main
 Points. AN ADDRESS BY THE ASSASSIN To Close Arguments for the
 Defense.
AN ADDRESS BY THE ASSASSIN
THE NATIONAL CAPITAL.

Gufteau's Defense-Legal Points Made by
 the Defense-Guiseau to Make the Clos
 ing Argument.
 WASHINGTON, Jan. 5.-Following are the prayers of the defense proposed by Messrs. Scoville and Reed in the Guiteau matter, which will be submitted to Judge Cox for his private consideration tomorrow. The cour- is respectfully asked by counsel for the det fense to instruct the jury as follows:
 First-The legal test of responsibility when insan- merely whether the accused knew at the time what doing and that the act contrary to law, for things but was 1t done as the result of an insane de- fusion, was it committed under an influence or power which the accused could not resist by reason of his unsoundness.
 second-A1though the accused may have known what he was doing, and that what he was doing was contrary to law yet if when he performed the really believed he thereby producing a public benefit and actuated by an insane delusion that he was carrying an inspiration of divine origin ap prova and would not have done the act but for such insane deluson then the accused is not guilty of the crime charged, and the. jury should find him not guilty by reason of insanity.
 Third-Insanity constitutes defence if by reason of it the accused at the time of the commission of the act charged, did not know what he was doing, or if he did not know that what he doing was done by him but by reason of insanity.
 Fourth-The only evidence in the present case tend ing to show irresponsible impulse to commit the
 
 of delusion is found in the conduct and words of the accused detailed in the evidence The ques tion whether the free agency of the accused de- stroed by the conviction his part that the death of President Garfield required for the good of the American people, and that he divinely inspired to remove him by death is of the facts to be de- termined by the jury from the evidence in the cused. But such conviction, if it really existed, could not afford any excuse when the party knew what he doing and that it was contrary to law less it the product of insane deluson and he inpelled to the act by such celusion. Such de- fusion exist to divine requirement. or as to inspiration from God No mere delus1on, unless it be the product of unsound mind, error Of judgment, not even fixed belief that what is pro- hibited by law is commanded or approved by divine authority, exempt the accused frcm responabii- ty for breaking the law if at the time he knew what he doing and that it contrary to law and he was not acting under insane delusion. To have such effect the committing of the act charged must be the result of deusion of such force as to deprive the accused degree necessary to distinguish between right and wrong in respect of the act as sane people generally judge such conduct The deusion must have been such that at the time of committing the act he either did not know what he doing, if he did must have acted under con- trolling conviction that the act right. Although he may have known that the act contrary to the law of the land yet if he did it under an insane de- fusion that it was commanded to be done by God, such knowledge on his part would not make him liable to punishment.
 Fifth-Whether insanity exists or has existed at any time with the prisoner and the degree of insani y if any exists or has existed questions Of fact to be determined entirely by the jury from the evil dence.
 Sixth-If the jury find from the evidence that the prisoner was unsound mind at the time of the act charged against him. the criminal in the then 1t is also the duty of the jury to find whether said act the result of such unsoundness of mind of the
 seyenth-Punishments of law are intended for ra- tional persons and one but rational person can commit the crime of murder.
 Eighth-Inaanity may be interposed legal de- fense in any prosecution for otherwise criminal act and if such defense be established by the evi- it takes away the ormnalty and the act to be crime in the contemplation of the law.
 Ninth-If the jury have reasonable doubt as to time the act charged against him as prime they should give him the benefit of the donbt and should find him not guilty by reason of insanity.
 Tenth-The jury are the sole judges of the credt- blity of witnesses, and have right to take into interest manifested by witnesses the stand their manner of testfying, compensation or want of com with their thestimony the jury may think would in nuence them.
 that the prosecution have unlawfully suppressed evil denco of mental condition of the accused during the two weeks ssa,a next following owing the shooting their power to have produced on the trial, the jury have right to take & fact c dncs f produced would have been favorable for the prosecu 'i9n. G,.,s.,, ,s .,o o,.u o,,.u. e.o., ou,,.noo that the prisoner of sound mind, not insane to be Irresponsible for his act at the time of shoot ing the President and that he then unlawfully and wifuy, but without malice in fact, in the District of Columbia shot and thereby injured the President, subsequently, died in the State of New Jersey then the prisoner ss guilty Of mansaughter and the jury should so find.
 Thirteenth-The jury are instructed to find sepa- rate verdict on each count In the indictment; and inasmuch it is charged in the first second fourth
 th seventh and eighth counts of the indictment in this that the death of the President took place in the county of Washington in said District of Colun bia and there is evidence of such fact therefore the jury directed to find the accused not guilty upon each of said counts separately.
 Fourteenth -Inasmuch as the evidence is uncon- tradicted in this that the wound was inflicted by the accused the 2d of July A. D. 1884, in the coun- ty of Washington, in the District of Columbia, and that the President subsequently,, in the month of September 1884, died in the State of New Jersey the jury instructed that by of thee facts the accused is not guilty of the crime of murder as charged rs the indictment and the verdict must be not guilty unless the jury ind him guilty of man slaughter charged in the twelfth prayer of the de- fense. D..
 MT. Scoville said tonight that Guiteau would make the closing argument in the case by urging his inspiration theory.
 The cost of the trial is estimated in round numbers at $5O,O It has cost $5,000 to print the testimony, which when completed makes a large volume of two thousand pages.