Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-02-06

WASHINGTON, Feb. As soon as Judge
Cox entered the court room and the court was
formally opened the prisoner took his place in
the dock and did not repeat the request Of
Yesterday to be allowed to sit at counsel's
table
Scoville stated that he wished to say since
the adjournment of court he had been in
formed that Curtis who made an affidavit rel
ative to the Critic matter was not the bailiff
in charge of the room at the time the paper
was found; that he had been substituted for a
man by the name of Stiner who was in charge
at the time the paper was found and who was
withdrawn by the prosecution. This man,
said Scoville, 1 am told knows
about the paper, and I can in ten
minutes summon as a witness party who
will say that man Stiner was heard who re-
marked il that matter of the Critic became
known Stiner would have to jump the town.
Col Corkhill objected to the evident at
tempt to postpone the consideration of this
motion. If every bit of hearsay gossip was to
be dragged in here there never would be any
end to the question.
Scovllle replied he did not ask for postpone
ment. He simply desired to call the attention
ed and showing how important 1t was to in
yestipate this matter with the closest scrutiny,
Judge Cox immediately began to read from
the manuscript his decision upon the motion,
reading 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 bailiffs
of the jury in the case.
First, as TO the handwriting, there are sew
eral circI instance that make it impossible that
at least two of the names upon the margin OF
the paper we're written by the gentlemen them
selves.
Second, if, as suggested, this paper was ly-
ing on the table in the bailiff's room, and gen.
tlemen of the jury in writing in albums first
tried their pens on the margin, it would
amount TO nothing in the face of the sworn
affidavitS of every member OF the jury that
did not see or read a 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 they did not, and there is no reason
to doubt their veracity.
% So far as the discovery of new evidence is
concerned, the evidence to be introduced is as
to the prisoners manner and appearance prior
to the assassination. If there had been no
evidence introduced upon this subject there
might be some force in the request, but doz-
en- or more witnesses testified on the trial as to
his manner and appearance covering period OF
time from March until the commission of the
act. The effdehce now sought to be intro
duced would be merely circumstantial and
would not affect the verdict.
As to the expert witness whose admissions
after the trial are alleged to have been differ
ent from his evidence given upon the trial,
Judge Cox said sworn admissions OF this char
acter could never be considered as ground for
Overturning verdict that may have been OBJ
tanned through the evidence of any witness
who from corrupt motive might seek to re-
verse verdict.
From all the papers presented Judge Cox
summed up:
az am unable to find any reason to grant the
motion which is therefore overruled"
Scoyile-"I would like to note an exception
to the ruling of the court"
Col Corkhil-"Your honor, 1t now becomes
my duty"
Seoville-''One moment, please. | would
like to file in due form, motion which l re-
ferred to yesterday" Scoville then filed his mo-
ton in arrest of judgment.
Guiteau who had been permitted to resum
his seat at the counsel table called out "If
your honor please, desire to ask if there is
any motion that ought to make to reserve
my rights"
Scovile tried to prevent his speaking but he
retorted, "Well, | don't want any advantage
taken OF me. l want to know how much
time shall have to prepare my appeal TO the
court in banc.n
Scovllle-"Please keep quiet, we havn't
reached that point yet.
GuIseau-With much excitement. 81 won't
keep quiet. am here and propose to do my
own talking
Judge Cox then informed Scoville of the
rules of Justice applicable to the filing of his
exception, and after this matter had been ar
ranged Col. Corkhlll renewed his motion, say
ing it is now my duty to ask for the sentence
of the court.
Judge Cox to the prisoner-"Stand up.
Have you anything to say why sentence should
not be passed upon your
Guiteau still sitting-"I ask your honor to
postpone sentence as long as possible"
Judge Cox-"Stand up. Have you anything
to say why sentence should not now be passed
upon you?"
The prisoner then arose, pale but with
lips compressed, and desperate determine
ton stamped on his features. In low and
deliberate tone he began, but soon his manner
become wild and violent, and pounding upon
the table, he delivered himself of the follow
ing harangue.
Il am not guilty of the charge set forth in
the Indictment. It was Gods act, and God
will take care of II, and don't let any of you
forget it. He will take care of it and every
officer of this government from the executive
down to that marshall, taking in every man
on that jury and the judge of this bench will
pay for it, and America will roll
in blood if my body is put into the
around and am hung. The Jews put the de
spised Galilean in the grave. For the time
they trlumphed, but at the destruction of Je-
rusalem, forty years afterwards, the Almighty
got even with them. l am not afraid of death
am here as ilod's man Kill me tomorrow
il you want to. ] am Gods man, and have
said so from the start"
Judge Cox then proceeded to pass judg
ment, addressing the prisoner in the following
manner:
''You have been convicted of crime so ter
rible ia its circumstances and so far reaching
in its results that it has drawn upon you the
horror of the whole world and the excavation
of your countrymen. The excitement pro
duced by such an offense made it no easy tasE
to secure for you fair and impartial trial, bu
YOU have had the power of the United States
treasury and government in your service t.
protect your person from violence and to pro
cure evidence from all parts of the country
You have had as fair and impartial a jury
as ever assembled in a court of justice. YoI
have been defended by counsel with zeal ant
devotion that merits the highest encomium ant
Icertainly have done my best to secure a fai
presentation of your defense. Notwithstand
ing all this you have been found guilty. l
would have been a comfort to many people l
the verdict of the jury had established tina
your act was OF an irresponsible man.
would have left people satisHe
in the belief that the crime of nn1ifica