The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1882-01-19

Compiled from Latest Dispatches
The Guiteau Trial.

like and based on the only law points which.
defense t 0r Mr. Seoville's Argument, he said
it could only have been delivered by one OF the
family of Guiteau, who, as nc himself had
boaSted, had learned his law in the police
courts, and acquired his manners among boot
ing owls in the woods of Western Ohio. He
then proceeded to expound the law on the sub
}er the se sa this WORTH
less vagabond the man to be selected and
inspired by God, Il cheat, swindler, creature
OF vileSt habitp He, then, is Junior in the firm
of Jesus Christ Co. This murderer, tracking
his victim at night, at church, at railroad sta.
ton, everywhere, till the deed Is done But
grant this hideous pretension, and allow the
inspiration of Paul, which he impiousiy
quotes; that does not protect, us it did not pro.
tect Paul from stripes and death He went
died, the Government still lived and his sue
cessor was prosecuting the assassin. Under
Misrepresentation that the law was stronger
than the prisoner, Guteau seemed to think
that he was stronger than the law Here Gui-
tcau interrupted the speaker and said: :" do
not claim to be stronger than the law, but
You will come before God Almighty pres
entity" said Porter, solcmnly. Until then
you would do we'll to refer but little to Him.
you will feel soon what you have never felt be
fore, the divine pressure of hangman's
moose" The prisoner had sworn on the stand
that he was prcdcstincd to remove the Presi-
dent He had forgotten to say that he was
also predcstined to be hung for it.. Speaking
again of his Interruptions and of the prompt
ings of his family Porter said he had tbs sa
spectacle oncs-but those who sympathized
with the assassin. Mr.. Porter then took up
the authorities cited by the defense,
pronouncing them either unsupported or
bad law from obscure benches. He
sneered at the assertion of Scoville that
the Anticipated arguments of the prosecution
could not stand in the light of those of the
defense, which purported to be the outgrowth
of an enlightened AEGEAN age OF Guiteaus-
when hungry politician kills President
niunp-S DOlitiCian.' continued
"who had such a belief in the gullibilty and
depravity of mankind that he supposed he was
the greatest parliamentarian and one of the
foremost statesmen of his time, and even
President Arthur, service, for which he
would receive a reward. Why, had General
Grant, Mr. Conkling, or President Arthur
been standing &C the door of the Baltimore
4 Potomac Railroad on the morning of
creeping upon his victim, revolver in hand.
aiming at his back, an iron hand would
have descended which would have paralyzed
the assassin and saved the President. Mr.
Porter ran over the decisions of State Courts,
introduced by the defense. and showed that
the Courts of eighteen States held the view Of
the prosecution that the insanity of the aSsas-
sin must be proved by the preponderance of
evidence. The Federal Courts unanimously adj
hered to the same view, while the Courts Of
eight States held feebly that the accused was
entitled to the benefit of the doubt. Judge
Porter concluded his argument by reading
the letter of President Garfield to Judge
Payne in which he complmented and
thanked him for brushing away the
network of sophistries with which it has of
late years been customary to envclOp the plea
of insanity when set up in excuse for crimes.
Judge Cox, at ll:45, began the reading of his
decision, which commenced with lengthy re-
view of the subject of jurisdiction. He Occu-
pied fifty-ive minutes in reading that portion
touching upon the question of Jurisdiction He
reviewed the progress of opinion, and cited all
common law in England. and decided against
the prayer of the defense. He summed up the
question, That jurisdiction is complete in the
place where the wound is inflicted" Conse-
quently this Court has full cognizance of the
offcnse. Judge Cox next took up the question
of the legal test of insanity, and decided that
cnce between right and wrong must be taken as
the correct test. Judge Cox concluded his deci-
sion at %, having consumed an hour and for
ty minutes, with rapid speaking, upon every
material point. His rulings were directly
against the prayers of the defense. The only
grain of comfort for the prisoner was offered
when Judge Cox reached the question of rea-
sonable doubt. Upon this subject he said: II
shall not charge the jury to acquit if they find
reasonable doubt as to any one element, but
Shall take into consideration and charge them
relative to the elements, and that if, from all
the circumstances and evidence, they have
reasonable doubt of the commission by de-
PENDANT of the crime as charged, then they
shall acQuit." The Court then adjourned until
the morning of the 18th.
THE trial of Guiteau was resumed on the
morning of the 18th, Mr.. Davidge making the
opening speech to the jury in behalf of the
prosecution. In his opening Mr.. Davidge dis
claimed any intention of making any set
speech, but expressed his simple desire to
render the jury what aid he could in their
present and solemn duty. Whatever of dis
order and levity might have characterized the
trial, there was but one sentiment in respect
TO the conduct of the jury. As Mr.. Davidge
traced the process of reasoning by which the
prisoner gradually reached the conviction that
but one life interposed between himself and
benefits became
restless, and for the first time since the open
ing of the court, indicated by his nervous
quickly followed Not often" said Davidge,
I'm the record of heinous crime: do we have
the first conception of crime. In this
case the suggestion came to the wretch
In the night as he lay in his bed" A series
after which Mr.. Davidge said: 81 In the begin
ming it was sought to show that the prisoner
was OF his balance. Now the Court tells you
to look for that degree of insanity that disables
man from knowing that what he was doing
was wrong. This is the test you are to apply.
Upon the question of inspiration, think will
there is in this claim. The only question:" he
said, was that of insanity He then argued
that the prisoner had that degree of intelli-
gence, legal knowledge and the moral sense
which rendered him responsible for his acts.
In telling passage he showed that the prison
er himself had the wit to see the fatal weakness
OF Scoville's line of defense. and repudiated it.
arguing in his own behalf that he was no inn
beetle, but a sane man, whose intellect and
will had been dominated during a specified
period of time, rendering him irresponsible
for this particular crime. He then reviewed
the circumstances of the crime and the victim
and the criminal His ANALYSIS Of Guiteaus
he exclaimed, ~ were to sum up the moral
and intellectual qualities of this man, should
he had the daring Of v%ture
of Guteau's plan, he remarked upon his
greater a,, fear ,,s Of the :. mob than of the
our shame, that this estimate had a
foundation 1t rested" ne added, with the
jury. to show the world whether Guiteau's
opinion was well founded. If he had feared
the law as he feared the mob, our martyred
head and chief would be alive to-day" After
recess Mr.. Davidge considered the question of
insanity, and took up the case of each member
of the Guiteau family. Even admitting the
existence of collateral insanity, Mr.. Davidge
said: :" But the unanswerable testimony Of
this collateral insanity could have upon the
mental condition of the prisoner. 1t is but the
merest mockery to discuss this question, in view
OF the undoubted ability of this man to distin-
guish between right and wrong" Mr. Davdge
then recapitulatcd the leading incidents Of
Guiteau's life and argued therefrom that
did not indicate his insanity. The evidence
submitted by the defense was carefully disin-
tegratcd and pronounced worthless. The ar
gument was here suspended. An exciting dis
Cussion then ensued upon Judge Cox inuuiring
if counsel desired to say anything upon Gui.
teau's request to be heard !" want shouted
Guiteau, "to make the closing speech [
wouldn't trust the conclusion of my case to
the best lawyer in America" The District
Attorney, in ringing speech, protested
against Guiteau's being allowed to take a
scat at the counsel-table. Applause from
the audience, with shouts of Guiteau,
and cries of Order from the baiIff
made an exciting scene for some minutes
Gutcau was finally heard shouting through
the din: The American people will read my
speech ahd they are greater than this Court
The American people are trying this case If
you undertake to put on the gag-law, the Court
in banc will right me. My speech will make
eight columns, and it reads like an Grafton of
Cicero. twill go laundering down the ages.
and don't you forget It And as for you, Cork.
hill, President Arthur will soon dispose of
you. Mrs. Sc0ville was deeply affected and
wcpt Historically. Judge Cox finally told Mr.
Scoviilc to read over the prisoners speech and
let the Court know in the morning if there
VS. anything I'm it he desired to go before the
juiy. without stating whether he would per.
m' the prisoner to speak or not, Judge Cox or
dered adjournment.
XLVIIth Congress-.
TUESDAY, January 10.-In the Senate Mr..