The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1882-01-19
THE GUITEAU TRIAL,
FonT1ETH DAT.

FoRTIETH DAT.
Guiteau opened business BY stating that he
had received some 800 letters, most OF them
from ladies, AZ well as a check for $1,000 from
the stalwarts OF Hrooklyn, and IN other for $500
4 states that the papers are worthless, like one
sent him for s15,OOO.l Il want" said the as
sassin, this jury to undentand how public
4 opinion IL on this case"
/ bailf tried TO silence HIM, when he turned
upon him in most vicious manner and snarled
ont: You keep quiet and mind your bust
ness. Do not interfere with me when am
talking. Il yon had any sense you would un-
dcrstand your place."
Scovillc then proceeded with his argument.
His remarks were listened to with marked At
| tention. He laid stress upon the propositions
! that insane men often knew the difference be-
tween right and wrong, and for that reason con-
ces. ilicir plans, aud that the benefit Of the
dotot shOnld attach to tho plea or insanity
when raised with tile same force . when urged
I n connection with the commission or 3 crime.
/ His allusion to the decision OF Judge Davis,
who went out Of his way, he said, TO pass
| upon something not involved in the case he was
then considering" brought Judge Porter to his
feet with an indignant reply that tho charge
was false.
/ scoyille rctorted that the opinion OF man
who sat on the same bench with q Barnard and
cardozo should not he received with much
\ consideration.
Judge Porter. with even more vehemence,
I reiterated that the charge of counsel was Abso-
lu.ey false that Judge Davis never sat on the
bench with either OF the gentlemen named.
"H an honorable member OF the Federal
/ judiciary il to be put upon trial here, de-
mani." said Judge Porter. that the record
\ BE- produced here upon which this base charge
! is made
I Scoville insisted that VIXEN the style OF pro-
lfs1f IN inf
dnced here by the prosecution, he should COM
\ ment upon them as he deemed lifting. He
! should not be frightened by the tragic utter
ances Of Judge Porter. He had heard the
same notes years ago from owls at night in the
woods OF Ohio.
| Abiding to his controversies with Judge
/ Porter, Scoville disclaimed any intention to
! transgress the bounds OF propriety or the
rules Of practice, but he should criticise the
conduct Of counsel when It nlerited criticism,
i and threats OF prosecution would not intimf
/ date him. Citing the custom of counsel upo1
the other side Of bowling TO the jury upon en-
terlng. Scoyille said '.Sometimes it is thres
bows all round sometimes mere never less
! than three. 1t has never been done by counsel
! upon this side, and do not hesitate to crit.
else the propriety OF 1t.
/ Judge Porter" The gentleman Is simply in
stancirg his lack of politeness. II he has no
! apology to offer, shall certainly not apologize
for him."
Corkhlll next proceeded to read from printed
slips an exhaustive argument upon the subject
/ Of iuri sdiction.
Davidge then discussed at length the ques-
ton OF malice. He also discussed seriatlm the
| prayers OF the deIense, and pointed out "their
sophlstrics and Inconsistencies"
/ The prisoner followed the argument with the
closest attention, aud indulGed in frequent and
l noisy comments.
roRrY-fIRsr DAT.
| At the opening of the trial. Jadge Porter be-
gan his argument, and at once commanded the
attention Of every person in the courtroom
Writhing under the fageations administered,
the assassin shouted out that he II willing to 20
10 tie gallows If it he the Lords will.
Judge Porter began his address with refer
ence TO the disorder which had characterized
the proceedings Of the defense, and than spoke
Of Mr.. Reeds argument as lawyerlike and based
on the only law points which, with any plausi-
billty, could be adduced by tho defense. Or
Scoville's argument he said it could only have
been delivered by one OF the family Of Gui-
tean, who, ~ he had himself boasted, had
learned his law in the police courts, and
acquired his ~ manners % among wo.sa1s aoot.ns
Ohio. Mr.. Porter reviewed the argument
OF MIR. Dayldge, pointing out its strong points.
"Malcc," Mr.. Davidge had rghtfully said,
twas, in the presumption Of law. ; question
for the Judge, not the jury. Should the Judge
decide. as the defense desired, that malice was
question Of fact for the jury, he would over
turn the law. He would create precedent IN
this famous case winch would inevitably be-
condemned through all time to come.'
MIR. Scoville had objected that decisions in
support Of the prosecutions postulate were as
antsquated as his (Porters) style OF oratory.
~ never" said Porter. "imltated any man.
and never commented on any ones oratory."
II never" said Porter. sat At tho feet Of
that Gamsliel, rs Gnlteau did. Whether my
manners and morals would have been inn
proved is for others to say. Judging from
the disciple who is before YOU, he would
scarcely seem to be an appropriate instructor
for youth"
Proceeding to expound the law on the sub
ject OF malice, reading from the 1880 edition q:
Archibalds .sCriminal Practice" Porter dwelt
upon the premeditation Of Guiteau: Referring
to his lyines in wait aud 10 his dodglng the
footsteps Of the President, he said: WAS
this worthless vagabond the man to be selected
and inspired by God. . cheat, swindler. .
creature of viest habit lie, then, Is junior
in the firm of Jesus Cnrist Co. This murderer,
tracking his victim at night. ut church, at rail-
road station, everywhere, till the deed is
DONE But grant this hi.eous pretenslon, and
allow him the inspiration Of Paul, which he
.mpionsly quotes. that docs not protect, as it
did not protect Paul from stripes aud death" :"
Porter went on to say that ALL sugh the Press
his successor WAS prosecuting his ASSASSIN.
"Yes," said Guiteau, land Arthur employed
you under misapprehension."
..Ycs," said Judge Porter, "under . misap-
prehension that the law WAS stronger than
Guiteau Gulteau seems to think that he's
stronger than the law"
"I do not claim to be stronger than the law,
but God Almighty is stronger than the law,
said Guitcau. sulenly.
..You will come before God Almighty pres
ently," said Porter solcMnly. Until then he
would do well to refer hut little to Him. He will
, feel soon what he has never felt before.
the divine pressure in the form OF hangman's
moose. The prisoner had sworn on tho stand
that lie was predcstined to remove the Presi-
, dent. He lad forgotten to say he Was also
predestined TO DO hung for it. Speaking again
OF his interruptions. and Of the promptings ol
: his family. Porter said he had supreme con-
l tempt for all Guiteaus-not the respectable
ones-but those who sympathixed with the
! assas assin.
Porter then took up the authorities cited by
the defense, pronouncing them either nlisre-
/ ported or bad law from obscure benches.
Judge Porter concluded his mastery
argument by reading the now famous lot
Z t.r Of President Garfield to Judge Payne
in which he conplimented and thanked him
for brushing away the network Of sophistriel
With which It has Of late years been customar,
D 10 develop the plea Of insanity when set up u
excuse for crimes.
Judge Cox decided that jurisdiction In com
: plete ut the place where . wound IL inflicted
and that IN appreciation Of the difference BE-
I tween right and wrong j. the correct test ol
insanity.
FORTY SECOND TAT.
Mr.. Dayidge addressed the jury in behalf o
! tile prosecution. He began by commencing
. the jury for its disnitied department and pa
0 tient attention to the evidence throughout til
trial The assassin began series Of intorrup
tions, but, lindins he could not disconcert tn
: eloquent advocate. he gradually relapsed int
II silcl4cC.
In the beginning" said MIR. Davi1ge, ii
!, mas sought 10 SHOW that the prisoner WAS OF
y .is baian.e. NoM the court tells you to loo
Z Tor that degree Of INSANITY that disables mai
from knowing that What he was 1oing VA
:, wrong. ILls il the test You ar. to apply. UpoI
3 thc question Of inspiration, think | will l.
It .alc 10 shaw 10 your satisfaction how llttl
K there is in this claim. The only question, b