Sacramento daily record-union., 1882-01-25

WASHINGTON, January o4th.-As soon a.
the Court opeped, Judge Porter was about t.
resume bis speech. when the prisoner fore
stalled him, and called out from the dock
81 desire TO say that some crank has signed
my name to a letter that appeared in paper
this morning. twas without my authority
and I repudiate it. I also want TO say in re
gard TO couple of cranks whom I under
stand have been arrested for hanging arount
here, that if they undertake to harm me theJ
viii be shot down. I want every one TO un
derstand this"
Judge Porter, who had paused to perni
this preliminary announcement, began b.
saying: The prisoner, as usual, has made
the opening speech"
PORTER RESUMES HIS ARGUMENT.
After thanking the Court and jury fol
their consideration yesterday, which had
made it possible for him to appear be.
fore them to-day, Judge Porter said
The whole defense has been a sham and i'm
posture-an imposture which was supposed
W HdfO SdAuCu bSiCpShh VI NiCNOASC ALOAl
reiteration. The truth asserted by this de.
Tense is that truth which is uttered with
effrontery, enforced by persistency, and
reduplicated by reiteration. This is
the truth which they assert in op-
position to that truth which you
are to ascertain and declare. In my remarks
yesterday, l showed you how the prisoner has
belied by his acts his professions how he has
belisd by his acts the character given him by
his counsel. ] showed you that he had been
liar, swinder and murderer at heart from
the beginning That this man has grown
worse every year Of his life we have all seen
and know.
THE FIRST INTERRUPTION.
-Guiteau-That's bosh. and you know it,
Porter.
Judge Porter continued to depict the
character of the prisoner and the fallacles OF
his defense, when Guiteau again and again
interrupted him, at one time calling out,
attorney General MacVeagh wouldn't have
anything to do with it."
Judge Porter, half.replying to the prisoner.
said: And this Christian gentleman would
have you even believe that Attorney General
MacVeagh had dipped his hands in Garheld's
blood"
Guiteau-0hl that's very fine.
A moment later, allusion having been made
by Judge Porter to the present Attorney Cen
eral, Guiteau bawled cut "He's a high
toned gentleman, and you are wine bibber.
I've got your record, MIR. Porter"
Judge Porter with deliberation) well,
perhaps | am.
Guiteau with drawing accent) Well, 1
guess you are, Mr.. Judge Porter.
Continuing, Judge Porter said: This
Christian gentleman, who prays every night
and every morning, would have you believe
that 1 am a wine-bibber.
With great effect and impressive earnest.
ness of manner Judge Porter then empha-
sized by an anecdote which he related, the
distinction between the spirit of love and the
spirit of woe, the latter being expressed in
the life and character of the prisoner.
OUTBREAK BY soovnLE.
The first serious outbreak of the morning
occurred when Judge Porter, adverting to
statement of the prisoners counsel, reiterated
the assertions of the prisoner himself, that the
notes of stenographer Bailey were destroyed
by the prosecution, because they would have
benefited the defense. He denied the right of
the defense to expect or demand to see papers
prepared by the prosecution solely for their
own use. Furthermore, said Judge Porter,
there was not contained in them anything, as
asserted by the defense, that would have i'm
proved their standing in this case.
Scoville insisted upon being heard, and de-
manded that the Court should stop counsel
from making any such statements on his own
authority as to the contents of the papers
which had not been in evidence before the
ury.
Judge Porter insisted that be had the right
TO deny statement Of the same character
made by the ether side.
Judge Ccx thought the counsel had 70 right
to make any statement rs to the contents Of
such papers.
PROTEST FROM PORTER.
Judge Porter, with much feeling, protested
that he had been a practitioner longer than
the Judge. and had never before heard such a
ruling. He Porter was Of course debarred
from taking a legal exception, but he must
protest against the unfairness Of position,
which would admit all eorts of statements
from the prisoner and his counsel and yet
would debar the prosecution from all oppor-
tunity of refutation.
Reed, with considerable excitement, said
"1f l were the Judge. would put him under
arrest Such insolence to tie Court should
be punished"
PORTER RESUMES ANOTHER CONTROVERSY
ARISES.
Judge Porter then resumed his argument,
and proceeded to discuss the question of q
reasonable doubt" as an element of the de-
fense's plea of insanity. referring to decision
of Judge Martin of New Jersey, which had
been reinforced by decision in Ohio. He
was again interrupted by Scoville, who de-
sired to know il the arguments were to be
heard again upon law points.
A sharp colloquy between the counsel en-
sued. when Judge Porter removed the objec-
tion by handing his authority to the Judge,
saying, "It will answer every purpose OF
mine, your Honor, if you should have occa-
sion to rule upon the point"
THE RESPONSIBILITY QUESTION.
Returning to the crime and its commission,
Judge Porter said, "Who killed Garfield u
Guiteau-The doctors.
Porter-The doctors?
Guiteau-Yss The Lord let them do it to
confirm my act.
Judge Porter-Secretary Blaine was re-
sponsibie.
Guiteau-I say morally responsible.
Porter-Mr. Blaine saved his life on that
night before the murder, simply by his pres
ence with him as they walked together. He
might have saved his life on that fatal second
day Of July, but for the fact that the mur-
derer stole up from behind. Then Blaine is
morally responsible for not preventing the
crime Tae prisoner confessed that Mrs.
Garfeld's presence with her husband on a
former occasion had prevented him from
shooting. He was then asked: eff Mrs.
Garfield had been leaning upon his arm IT,
stead of Blaine. upon that fatal morning.
would you have shot him ;" and he answered
"No." Then Mrs. Garfield is responsible for
her husbands death, according TO the fallacies
of this wretehed and fallacious defense.
VIVID PICTURE.
Referring to Reeds reference to Mrs. Gar
field's prayers, Porter said: Imagine the
aged mother coming before you draped in
black Imagine, according to the old custom
of English laws this trial taking place in the
presence OF tie corpse Of Gar Ifeld. mutilated
BY the murderer. wrapt in white linen,
through which it was supposed that the mere
approach of the murderer would cause the
bioo, {, How. Imagine Garfield lying there. not
one of the clsvicles Of his backbone, but the
whole man, cold in death. with the death
sweat not even dry on his brow, with the ex-
pressions of agony which this prisoner put
there, and with the covering assassin
yonder shrinking from an approach
to the body. Imagine the aged mother,
who had looked TO that son to close her
eyes in death, bowling with grief at the
cofin-head, with Mrs. Garfield, whose lips
were the last that touched the cold lips q
the President, sitting at his feet in dust
and ashes. II in such a scene Mr.. Charles
II. Reed stood up ard said, 1.-The woman
who seems to us 20 be kneeiing, is only
kneeliag to God in prayer that this mur.
derer shall be dealt with leniently," what
- -. sl;,l- ~ It's II Ia well for I,s all