New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-17

| POSING COUNSEL OF PERvERTING THE LAW
AND TESTIMONY
In the Guiteau case yesterday Mr.. Sco-
vile occupied the entire day in be-
ginning his speech to the jury. He de-
voted much of his attention to an attack
on Mr.. Davidge's speech, and at moments dis
played lack of control of his temper. Gui-
teau assisted him in making what the defence
considered points favorable to itself.
AN ATTACK ON GOVERNMENT COUNSEL.
IBY TELEGRAPH TO THE TRrBCsE.I
| WASHINGTON, Jan. 18.-Mr. ScovIle took his
stand in the little open space in front of the Jury
| this morning laid his books and papers down on
the table In front of Judge Porter, and began
speech which, at Its present rate of progress, will
last week, unless Justice Cox brings some pressure
to bear There is dreadful rumor In circulation
that Mr.. Scovlle intends to speak four days. His
original intention was to speak two DAYS. which,
| of course, Mr.. Scoville being lawyer, meant
| three.
| At the worst, however the case ought 10 reach
the jury before the end of the week. Even II 10
should not do so there seems to be no ground for
the fear that nasnuch the appellate term Of the
court is fixed for next Monday. the execution OF
sentence, if Guiteau is convicted, may be postponed
for several months by the operation OF the law
which provides that in capital sentence shall
be deferred till after the next term of appellate
court, but not more than thirty days after.
The intentions Of the court are not known, but it
is entirely within its power to postpone the apel-
late term if il should be foroseen that the trial
would run past next Monday. The case could then
be taken up a: once and the term coud be closed as
soon as the appeal was decided, bringing execution
| within thirty days from that time. Such action
would be only Just to the Government and country
| after the long license the prisoner has enjoyed.
The possibility of failure of the jury 90 agree
| Immediately would have somc bearing here, as, FOR
example, ii the jury should receive the case on Sat
urdav and should not agree till Monday. Predictions
are freely made that if the jury does not agree IN tho
first hour it Will never agree Ii is also worthy OF
note perhaps that the predictions that tho jury VIII
not agree. Which were so plentiful six weeks ago,
are again current though necessarily there can oe
no foundation for them except the speculations OF
spectators. The opinion is said TO be growing in
Washington that Guiteau ia insane, the testimony
of the fourteen experts beng forgotten apparently
There is an impression abroad that Justice Cox be-
| lieves GuIteau insane.i
| Mr. ScoylIe addressed the jury in plain, busi-
ness-Iike fashion. He is no orator, as Brutus was,
and makes no attempt at oratorical display. Mr.
Scoyille is man In the neighborhood of sixty, OF
frosty mein. He has mild and plausible way OF
speaking and is evidently much IN earnest. No one
who has observed him during the trial can doubt
that he is sincere in the belief that Guiteau
ia insane. In the opening part ot his
| address Mr.. Scoville gave notice that
he should criticize Judge Porter and Colonel Cork
hill forupfair treatment of the defence. Then he
caused the reporters to prick up their ears by an
nounoing that there would be ground for an indict-
ment against Judge Porter, Colonel Corkhill and
| Mr. Dayidge and Drs. Hamilton, Macdonald,
| Kempster and Gray-who are known to the de-
fence as the bad four D-for conspiracy TO peryert
the law and the evidence in the case
"Yes.p said Mr. scoville, and I'll add DIR.
Worcester
"Dr who ~ asked Mr.. Davidge.
| "Dr Worcester responded Mr.. ScOville, with
sour smile. The small man who didn't know
what inspiration meantD But it proved that this
was only pedantic figure of speech on Sir. sco-
| villes part
/ Under this indictment he had framed twenty
snec,fcatons the first one of which he proceeded to
| exnlain NJ the expense of an hours time or more,
suggesting terrifying possibilities 10 the length
| Of bls speech First however, he rambed off into
a criticism of American journalism, which, he said,
disgraced itself by prejudging cases on trial. lie
gave as an instance of this the Star Route cases.
The meaning of this strange performance
could only be guessed at Ii may,
| be that there is some member OF.
the iurv with affiliations which Mr.. Scoyie
tboueht would render him susceptible TO indirect
sympathy of this sort. But the admission to the
ury which it was substantially, that the press OF
the country demands Guiteau's conviction, was q
fortunate circumstance, perhaps for Guiteau has
been allowed to tell the Jury without rebuke or cor
rection for eight weeks past that all the best papers
of the country are demanding his acquittal-a series
of falsehoods which go as far perhaps 10 sustain
belief in his sanity and wickedness as the testi-
mOny of the experts.
Mr. ScoyiIe rather weakened the force of his
indictment of the wicked cOnspirators by admit
ting that the first of them he took up, Mr. Davidge,
| was entirely honest, but had been very careless.
This conspirator had misstated the law as charged
by the Judge twenty-seven times in two days. Mr..
scoy,le accused Mr.. Davidge of stating the law to
the Jury not 1t charged by the Court, but az
it was asked for by the prosecution in their prayers
and claimed that the Court had charged the law
about as the defence asked it. At this Mr. Davidge
uttered an =" Oh no. of deep disgust. but contented
himself with that protest.
Mr. scoyille now rambled off to the charge of JUS
tice Davis in the Coleman case revamping his re-
marks about Barnard and Cardozo, by saying that
f these Judges had ever done anything more dis
honorable than Justice Davis did In trying TO lntlu-
ence this trial he had yet to hear OF it, He declared
| war on Judge Porter, announcing that. If when
that gentleman came to address the jury, he falsi-
fed the testimony. he (Mr. Scoville should correcs
him every time This was said with threatening
hand shaken at Judge Porter. Mr.. scoville stand
ing directly in front of the formers ta-
bile. Guiteau called out, III attend TO
him. Judge Porter had been busy porine over
copy of the evidence, apparently looking up pas
sages. Raising his eyes to Mr.. scoyille, he waved
his hand from him to the dock and said, with an
nimitable smilo, Two Guiteaus attending To me-