Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-08
JAWING LAWYERS.
Argument Commenced ON the Law Points
Irct.4s ed-Davidge Opens for the
Prosecution, Assisted by
Judge Perter-Reed's RepIy-Spat Be-
tween CounseI-A Bona Eide Offer
for Guiteau's Body.

| WASHINGTON, January In the Guiteau
case this morning DavidEe opened the argu-
| ment upon the legal points and was followed
| with the closest attention. The jury were
told by the judge that they might be ex
cdsed fer The day, but all preferred to remain
and listen TO the argument.
The prisoner assured counsel that he would
not ask to take part in the legal arguments
| to-day, but he should insist upon making
any comments which he might deem neces-
sary to set them right on either side. A:
the argument progressed Guiteau pretended
TO read = letter, but in reality followed
Davidge with the closest attention. The few
interruptions he made were unnoticed by
counsel, save when GGiteau called out: 81
| didn't know the difference between right and
| wrong; had no choice. II | had, would
not have done it, To this Dayidge said
I'VE will come to that bye and-bye."
The frat sensation of the day was caused
by the reading of Judge Davisis New York
charge 10 the jury in tae Coleman murder
case.
Juege Porter then relieved 0avi5ge, and
read trszl newspaper slips
Scoville, with some impatienCe, objected to
! any more such dramatic efforts on the part
| of Judge Porter, intended for effect upon the
| jury, and insisted that he Porter might as
well read stump speech to the jury; that he
| Porter knew that it had no bearing upon
| the case.
"Of course he knew it." Gui:eau shouted,
sand more than that, the jury decided the
case directly against the charge of the Court. y
Judge Porter repelled the iDsinuation in
dignantly, and insisted that this farce, which
had 80 long been enacted by the counsel for
the defense, must now stop. 1t not rebuked
| by the Court, it would be by others.
Judge Cox ended the dispute hy saying
| "The matter read was undoubtedly authority.
| t.. ha
mented upon by counsel at the proper time. u
As Dayidge resumed, Guiteau again
shouted, 81 want to get this thing right be-
fore the jury. Every one knows about that
Coleman case. The jury gave verdict
against that charge, and this prosecution
| knew it well"
The effect was electrical when Davidge, il
! the most deliberate and earnest terms, said
Your Honor, this man was for three weeks
held up to us as an imbecile, and now listen
to him. He not only knows the difference
between right and wrong, but he understand;
fully the law of the case"
Guiteau-Transitory mania; that's my
case. l don't pretend Pm insane now; I've
got as good head as you, or Porter, either
Scoville's fool, though. l repudiate hin
and his whole theory of defense. All l wan
is two hours before that jury, and 1 can Sc
this thing all right.
The scene was lively one for a few min
utes. Judge Cox raped for order, and soo1
Guiteau subsidized and Davidge continued
without further interruption to the end o
his argument.
Colonel Reed addressed the court in reply
to Judge Davidge, and confined his argumen
to the confederation of two questions-frst
the definitions laid down in the revised stat
utes OF nnrder and granddaughter, unde
which, if malice be not prov n, he contende'
the crime would be manslaughter; snd, sec
ond, the application to this case of the ques
tion of reasonable doubt, in connection will
the plea of insanity. Colonel Reed con
cluded his argument at 2:l5 pm. with
peroration in which he apostrophized ii
glowing terms the latitude of liberty and tn
far-reaching impartiality OF law under GU
free Institutions.
Mr.. Scoville, upon being informed by the
Court that the prosecution were entitled t
the opening and closing, where both partie
prayed Instructions, called attention TO tn
fact that the prosecution had made one ar
gument to which the jury had listened thi
morning, and would have the same advan
tage Monday, while the defense-probabIy
was mere accident, like Mr.. Davidge'
cold in the morning, which allowed Judg
Porter to air his eloquence before the jury
must be content TO discuss these questions il
the absence OF the jury.
A lively and somewhat sarcastic collOqu
between counsel ensued. The Court did no
, think any reflection upon the prosecution
was intended by Scoville, and put an end t
the dispute by telling Scoville to procee
with his argument.
ScoYille criticized severely the course c
Judge Davis in the New York case Just dc
cided, in going out OF his way, as he (Scc
ville) said, to render a decision that Nigh
be made use of in this trial cf Guiteau.
: "Yes," called out the prisoner, "and the jur
in that case went out of their way to rebuk
Judge Davis"
! Before the conclusion of Scoville's argu
ment court adjourned until Monday.