Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-13
BEFORE THE JURY.
Judge Davidge 0pehs Argument for the
Prosecution to the Twelve Men
Upon Whose Decision
HlBgs the
Fate Of the Sass ina Clear and FoTei.
bic Exposition OF the Facts in
the Case-An Exciting
Scene In Court.

/ WAsHINGToN, January As soon as the
! court was called 10 order, Davidge took a
| position IN front OF the jury. and opened his
! argument with a disclaimer Of any Intention
| 10 make a set speech, but expressed simple
/ desire to render the jury what aid he could
| in their present and solemn duty. The time
| had now come in this trial when the Jury
become factors. Whatever OF disorder or lev
| ity that might have characterized the trial,
! there was but one sentiment in respect of the
/ conduct OF the jury. All commended their
| dignified department and close and patient
attention to the evidence, and he could not
doubt that as they had received the COM
mendation OF all in the past, they would
! continue 10 deserve il in the future bv their
decision of the question before them.
| As Davidge traced the process of reason
ing by which the prisoner gradually reached
the conviction that {" but one life interposed
| between himself, and, POSSIBLY, great bene-
| fits" Guiteau be, anne restless and, for the
| first time since the opening OF court, indi-
Gated by his nervous twisting about, the
usual preliminaries TO a series of Interrupt
tons, which in this instance quickly fol-
| lowed
Not often" said Davidge, " in the record
OF heinous crime, do we have such plain
and pointed evidence as to the first concep-
ton Of the crime. In this case the sugges ton
came to the wretch in the night, as he was
lying in his bed"
at came to me when the Lord got ready
TO have it," snarled the prisoner.
Davidge continued; "This thought or sug-
gestion came 10 him ON the 18th of May.
Still thinking that he might obtain the Office
he sought, and keep his hands clean, he made
another effort on the 26th of May to induce
the President"
Guiteau called out from the dock, Il would
not have taken foreign mission after the
LIST of June if it had been offered TO me-"
Davi5ge, apparently not needing him, "On
the 2Sih of May"
Guiteau-I am talking about the LIST of
June.
Davidge (pausing moment)-Just listen
to him.
Guiteau (sneeringly) They would listen
to you, but your talk is 50 weak it is hardly
worth listening to.
For several minutes Guiteau continued to
interject his comments with the evident in
t. ntion of annoying Davidge, but finding he
could not effect this he gradually subsidized
into complete silence.
ain the beginning" said Dayidge, ait was
sought TO show that the prisoner was off his
balance. Now, the Court tells you to look
for that degree of insanity that disables a
man from knowing what he was doing was
wrong. This test you are to apply upon the
question of inspiration. | think i will be
aOie 10 snow 10 your Satisfaction now llItfe
there is in this claim" The only question
he saw was that of insanity. lie then ar
gued that the prisoner ad that degree of in
telligence, legal knowledge ard moral sense
which rendered him responsible for his acts.
In a telling passage he showed that the pris-
oner himself had the art to the fatal
weakness OF Scoville's line of defense, and
repudiated il, arguing in his own behalf that
he was no Imbcciie man, whose intellect and
will had been dominated during a specified
period of time, rendering him irresponsible
for this particular crime. lie reviewed the
circumstance of the crime, and the victim
and criminal. His analysis of Guiteau's
character was graphic and effective. "If,"
he exclaimed, Il were to sum up the moral
and intellectual qualities of this man, 1
should say that he had the daring of the
vhlture combined with the heart of the wolf"
In speaking of Guiteau's plan, he remarked
upon his greater fear of mob than of law,
and exclaimed; "We must say, to our
shame. that this estimate had foundation. 1t
rested" he added, with the jury to show to
the world whether Gu'teau's opinion was
we'll founded If he had feared the laws as
he feared the mob, our martyr. d head and /
chief would be alive to day"
At this point recess was taken.