Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-02-06
VERDICT SUSTAINED.
Judge Cox 0vsrruIss the Motion for
q New Trial.
Scenes and Incidents in the Court Room
Full Text Of Judge cox's De-
cision-The Assassin's
Last Speech.
TO BE HANGED BY THE NECK

lU 6t hhN6tU OF INK NCIh'
WASHINGTON, February 4.-As soon as
Judge Cox entered the court room and
court was formally opened, the prisoner
took his place in the dock, and did not re-
peat the request of yesterday to be allowed
to sit at the counsels' table. Scoville
stated that he wished to say, since the ad-
iournment of court, that he had been in
formed that Curtis, who made the affida.
Wit relative to the Critic matter, was not
bailiff in charge of the room at the time the
paper was found; that he had been sub
stituted for by a man named Slyner, who
was IN charge at the time ,the faper WEI
found, and who was withdrawn by prose-
cution. This man." said Scoville, II am
told, knows about the paper, and | can, in
ten minutes, summon as witness party
who will say that the man Slyner was heard
to remark that if that matter Of the Critic
became known, he, Slyner, would have
To Jump Town.
Col. Corkhill objected to the evident at
tempt to postpone the consideration of this
motion. II every bit of hearsay gossip was
to be dragged in here, there would never be
any end TO the question.
Scoyille replied that he did not ask for
postponement; he simply desired to call
The attention OF the court to the informa-
tion he had received, as showing how I'M
portant it was to investigate this matter
with the closest scrutiny.
Judge Cox
Immediately began to read, from manu-
script, his decision upon the motion, read
ing from various authorities bearing upon
the case. Judge Cox discussed at some
length the circumstances attending the
finding of the newspaper in the room OF
one of the bailiifs of the jury in the case.
First, as to the handwriting, there are sew
eral circumstances that make it impossi-
BILE that at least two of the names upon the
margin OF the paper were written by the
gentlemen themselves. Second, if, rs sug-
gested. this paper was lying on the table in
the bailiff's room, and a gentleman OF the
Jury in writing in albums first tried their
pen upon the margin, ii would amount TO
nothing in the face of the sworn aitidavits
of every member of the jury that they did
not see or read paper at any time during
the trial. No one could swear TO the fact
that the Jurors did write upon the paper,
while they all swear that they did not.
There is no reason
So far as the discovery of new evidence
is concerned, the evidence to be introduced
is as to the prisoners MANNER and APP
pearance prior TO the assassination. If
there had been no evidence introduced up
on this subject, there might be some force
| in the request, but dozen or more wit
nesses testified on the trial as to his man.
ner and appearance, covering the period OF
time from March until the commission OF
the act. The evidence now sought to be
| introduced would be merely cumulative,
and would'not affect the verdict. AS to the
expert witness, whose admissions, after
| trial, are alleged to have been different
| from his evidence given upon the trial,
| Judge Cox said that unsworn admissi ons
| of this character
Never Could be Considered
as ground for overturning a verdict That
may have been obtained through the evil
| denoe of the very witness who from cor
rupt motive, might seek to reverse the
| verdict.
From all the papers presented, Judge
| Cox summed mp: am unable to ma any
reason to grant The motion, which is there
| fore overruled
Scoville-I would like 10 note an excep-
| ton TO the ruling OF the court
Col. Corkhill-Your honor, 1t now be-
comes my duty
Scoville-One moment please. would
| like to file in due form the motion which
referred to yesterday.
Scoville then filed his motion in arrest OF
judgment.
Guiteau, who had been permitted to re-
sumo seat at the counsel table, called out:
'If your honor please, desire to ask II
there is any motion that ought to make
to reserve nv rights"
scoville tried to prevent his speaking,
but he retorted: "Well, don't want any
advantage taken of me. | want to know
how much time shall haye TO prepare my
appeal
To tho Court In Banc."
Scoville-Plcase keep quiet. We haven't
reached that yet
Guiteau, with much excitement-I won't
keep quiet. am here. and ] propose to do
my own talking
Judge Cox then informed ScOville OF the
rules Of practice applicable to the filing OF
his exceptions, and after tins matter had
been arranged, Corkhill renewed his mo
ton, saying: at is now my duty to ask
for the sentence of the court"
Judge Cox, 10 the priSoner-Stand up
Have you anything TO say why sentence
should not now be passed upon YOU?
Guiteau, still sitting-l ask your honor
10 postpone the sentence US lohB as possi-
BILE.
Judge Cox-Stand up. Have you any
thing to say why sentence should not now
be pronounced upon you? The prisoner
then arose, pale but with lips compressed
and desperate determination stamped up
on his features. In a low and deliberate
tone he began, but soon his manner be-
came
Wild and violent.
and, pounding upon the table he delivered
himself OF the following harangue: ~
am not guilty of the charges set forth in
the indictment IL was Gods act, and not
mine, and God will take care OF it, and
don't let the American people forget it.
He will take care OF il, and every officer OF
this Government, from the Executive down
to that marshal taking in every man on
that jury and every member OF this bench,
will pay for it, and the American nation
will roll in blood il my body goes into the
ground and am hung. The Jews put the
despised Gallilean into the ground. For
the time they triumphed; but by the de-
struction of Jerusalem, forty years after
wards, the Almighty got even with them.
am not afraid Of death. ] am here
As Gods Nan.
Kill me tomorrow, il you want To. j am
Gods man, and Ihaye been from the start"
Judge Cox then proceeded to pass sem
tence addressing the prisoner as follows:
You have been convicted Of crime so
terrible in its circumstances and 50 far
reaching in its results, that it has drawn
upon y0u the horror OF the whole world,
and the eIecratiens Of your conntrymen.
The excitement produced by such an
offense made il no easy task to secure for
YOU fair and impartial trial. Bot You
have had the power Of the United States
treasury:and Of the Government in your
service to protect your person from VIC.
lence and to procure evidence from all
parts of the country. You have had as
Fair and Impartial JaFy
as ever assembled in court of justice. You
have been defended by counsel with zeal