Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-01-05

the American people would not be~
judge one extra day, and now
asked, in behalf of this prisoner,
and in the name of justice and a
fair trial.
Mr. Davidge replied at some length
and denied that any precedent existed
for reopening this case simply to
introduce cumulative evidence,
particularly in the case OF George
McFarland;j he believed it would be
scaladalous to admit the testimony Of
man so reckless as to form an
opinion and be willing to swear to it
merely from reading newspapers.
After considerable discu sion by
the counsel, which was interrupted
by Guiteau, Judge Cox said the coun-
sci for the defence came hsre
stranger to the court of the District,
and even to the prisoner himself, and
found himself environed with difficult
ties from the ontset. The most ser
ious difficulty was that the odium at
taching to the assassination made
Witnesses unwilling to even allow
their names to be known to the de
feace. Approaching all these diff
culties which embarrassed the
defence he (Judge Cox) had
felt disposed to offset them
with an equal latitude and more
than ordinary facilities in the prepa-
ration of their case. The evidence
Of insanity could not be offered in
surbuttal, in his opinion, The proof
OF insanity should be limited to the
evidence in chief of the defense, and
the rebutting evidence Of the pros
ecution He therefore must exclude
the evidence Of DR.. McFarland's
testimony, however. OF the wit
nesses by which the defense ex
pected to prove that the prisoner
asserted upon the day Of the assas-
slnation, and upon the day after, the
motive OF his act, the court held they
should be admitted as evidence in
sIubuttal.
I Brooks, chief of the treasury
secret service, was called. Witness
visited the prisoner at the jail the
night after the shooting. Guteau
was in bed at the time. He arose
in great anger and excitement, said
witness, and wanted to know what {
meant by disturbing his rest and
quiet at that hour of the night, |
said ii Ill became him, murderer, to
speak in that manner; that he had
disturbed the rest and quiet Of the
whole nation.
He came back at me that be was
no murderer, but Christian and
q gentleman; that his mind was
made up; that he had been moved
to 90 it as political necessity, and
that it was for the good of the coun-
Try.
Witness cootinued-"I told him
that [ was 8 Republican and a Stall
wart," and be replied: Then you
can appreciate why I did it" Wit
ness detailed at some length his con
varsatpn at that time. He (witness)
said to tire prisoner: "Lf you had
taken duty into consideration you
could not have done such an act. "
The prisoner replied that he had
thought over the matter and prayed
over 1t for SIX weeks, and the more
he thought, and the more he
prayed the more he became con
yinced that the President must go,and
that it was has duty to renounce him,
Notwithstanding his promise in the
morning.
Guiteau continued to interrupt
and became involved in an alteration
with one Of the bailitfs who tried to
silence him. "IIl slap you in the
mouth, he frequently snarled at
him, but made no demonstration OF
carrying his threat into execution.
At another time he said to him,
You are nothing but miserable
underling, while [ speak to 50,000,-
900 people, when I talk
When Judge Cox had finished his
remarks upon Scoville's motion, Gui-
team insisted upon expressing his
opinion that it was a frst>class de-
cision.
Judge, that's all 7 want to get
before the jury,-wbat [ said at that
time relative to the causes that I'M
PEELED me upon the President. AS
for the rest [ don't caro-
snap. I would not give fifty cents
bushel for this expert testimony. II
[ had money enough could get fifty
Of the best experts in the country to
swear that | was as crazy as loon.
That's just how much that kind of
evidence is worth
Scoville introduced a letter written
by the prisoners father, in which he
spoke Of the prisoner and expressed
an opinion that he was insane.
Guiteau called out, sneeringly:
WAS the object Of reading
that letter to show that
my father was crank or that [ am?
You are the biggest jackass, Seoville,
L ever saw. Ii you can't have any
sense 1 shall have to rebuke you in
public"
The prosecution then submitted a
statement Of the law points on which
/ they would reply as follows:
First. 4 legal test Of response
biiity, where insanity is set up as
the defence for alleged crime, is
whether the accused at the time of
committing the act alleged, knew the
difference between right and wrong
in the respect of such act. Hence, IN
the present case, if the accused at the
time Of committing the charges knew
difference between right aud wrong
in respect Of such an act that is, if
he knew what he was doing, and that
what he was doing was contrary to
the law Of the land, he irresponsible.
Gaueau--''I didn't because my