The daily gazette., 1882-01-05
THE PROPORTIONS or THE rnosEcu
TIoN.

AA9As
Mr.. DavidRe then read and submitted
20 the Court the following propositions
Of law ON the part Of the prosecution:
F1Tst-The legal test OF responsibility,
where insanity Is set up - 9 defense for
the alleged CRIME, 10 whether the aoous
"a, 1t the time Of committing the act ii
legeu5 k5cy the difference between riRht
and wrong fn- respect to such nCt.--
Hence, in the present case, Ii the accun
ed, at the time of COMMITTING the act
charged knsw the difference between
right and wrong n respect to such aot,
that is, II he knew what he was doing,
and that what he was doing was contrary
to the law or the land, hefs res9onsible.
agency was Destroyed
Mr Davidge continued:
Sec0nd-lf the accused knew what he
was doing, and that what he was doing
was contrary 10 the Law Of the land, ir
constitutes no defense, even II it we're
true that when he committed the act he
really belieyed that be was thereby pro
ducinR public eenefit or carrying out
an inspiration OF divine origin or appro
val. Such belief would not afford an ]
excuse, nor would such excuse be atForo
ed BY the fact that Ia the commission OF
the act he was impelled BY q depraved
moral sense, whether innate or 40
quiEed, or by evil passion or indifference
10 moral obligation.
l9ulteau-All OF which is false.l
IhaFd-Insanity would, however, con
stitnte defense If, By reason of disease,
ihe accused at the time of committing
the act charged did not know what he
was doing, or II he did know It, that
what he was doing was contrary to law.
!6uiteau-L had no choice in the
matter.
Fourth-The only evidence in the
present case Tending to show an irresis-
tible impulse to commit homicide is tho
claim Of the accused that his free agency
was destroyed by bis alleged conviction
that the death of the President was re-
Guired for the good of the American
people and was divinely inspired bue
such conviction, even II it really existed,
could not afford any excuse, when tho
party knew what he was doing and that
it was contrary to law. No mere delu-
sion or error of judgment, not even
fixed belief that what Is prohibited BY
the law, is commanded or approved by
divine authority Guiteau-God's g law
ls higher than mans Law WI-can exempt
the accused from responsibility for break
ing the law. To have such effect the
commission of the act charged must
have been the result OF an insane delu-
sion which was the product of disease,
and of such force as to deprive the ac-
cused Of the degree of reason necessary
to distinguish between right and wrong
In respect of the act, so that at the time
OF committing the act he either did not
know what he was doing, or, If he did,
that The act was wrong or contrary to
the law of the land.
Guiteau-I suppose Y Your Honor thinks
that shall be allowed to 90 on the
stand and reYiew oartaIR ports OF this
trial In surrebuttal of what Reynolds
said, OF what Shaw said, OF what Phelps
said, and those kind Of men? / hardly
think It necessary. 1 have stated It to
the Court and to the Jury and the Amer
lean people, and have stated IL In that
way on my honor for truth and Veracity.
The jury will see that.
In response to question by Mr.. Reed
the Court stated that it was the practicb
here to settle questions of Law before the
argumont.
The counsel for the prosecution de-
clared their willingness to afford the de-
tense ample time to prepare their legal
points, and Mr.. Porter commended the
rule % to the settlement of law pi oposi-
tlons before the argument as tending to
abridge the arguments and posi- bly, dis
pense With them altogether.
The Court then, at Mr.. Scoville's sug-
gestion, at 1246 p. M, adjourned until
Saturday.