Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-05-22
eUITEAU's CHANCES.
The Decision Of the Court in Banc to
be Rendered Today.


WAsHIxGrox. May 20.
The unanimous decision of the Judges of
the Supreme Court of the District of Column
bia in regard to the questions raised by the
defence in the Guiteau case will be announced
Monday.
Chief Justice Cartier has for several days
been unwel and Judge James has according
ly been deputed to formulate the opinion of
the court and probably announce it. The
draft prepared by him. will tomorrow, be
submitted for final approval of its phraseology
to all the Judges of the court except Judge
Cox, whose rulings are under review.
The Post of tomorrow will contain the fol-
lowing as the points of the decision:
1.-THE opinion of the court will broadly
sustain the position of the district attorney,
that the jurisdiction is complete where the
fatal blow was struck without regard to the
locality of the actual demise The court
holds that the bullet, fired at the President
by Guiteau, on the I'd of July, at the railroad
station in this city, was the cause of his death
and that the trial could only be held in Wash
ington; that the death of the President in
New Jersey, except as affected bv a local
statute, could not change the jurisdiction.
The assassin had not been in New Jersey,
had committed no offense against New Jer-
sey laws and that the mere fact of the victim
being removed to Elberon to prolong his life
or save it, if possible, and could not be made
to affect the character of the crime. The
court will hold in addition that there are sew
eral grounds on which the Jurisdiction. as ex-
ercised, might be maintained if it were nee
essary to decide the case.
first-That this in an United States Court
with all the powers of any Circuit Court of
the United States.
SpcOnH-'That this 10 inIiosol ~
and that under the provisions of the law when
a crime is begun in one and completed in
another district the offense 10 complete in
either.
Third-That the murder being an offense
in this district against the United States, and
the removal of the President to New Jersey,
did not take him beyond the jurisdiction of
the government, against which the offence
was committed.
Considerable anxiety has been expressed as
to the action of the Supreme Court of the
United States, it being announced that an
application would be made to that body by
the defendants counsel for q writ of habeas
corpus.
There are only two Justices of that court
in the city, the court having adjourned for
the term, Chief Justice Waite and Justice
Miller. The best legal authorities express
doubts whether such a writ could be granted
by the full court in session, and it is not be-
lieved that any single Judge will take the
responsibility of passing upon so important
aquestion when it is recalled that the court
was in session for three months after the sen.
tence of death was passed.
1t may, therefore, reasonably be concluded
that Guiteau will hang sentenced and that
there is no earthly hope for him.
The Post adds CATER the delivery of the
opinion the prisoner will be taken at once to
solitary cell in the Jail, where he is now con.
fined, and placed under a continual guard,
better known as the ''death watch" Every
action will be observed up to the fatal mo.
ment and not a word will be permitted to be
spoken to him except by the spiritual adviser
or by persons specially authorized by the
warden, Gen. Croker, who has the entire
charge and responsibility for the assassin from
this time on until his dead body is ready to
be consigned to the doctors for post mortem
examination.
District Attorney Corkhill has determined
upon an examination of the brain of the as
sassin by board of the most eminent med.
ical experts in the United States, to put at
rest, as he believes by such an examination,
forever the question of his sanity. After the
autopsy the body will be delivered to the rela-
tives of the doomed man, if any of them call
for it,