Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-17
Guiteau Continues to Interject His
Interruptions.
Beginning Of the 10th Week Of the
Trial.

6dence in his walk and manner than he has
of late evinced. He saluted pleasantly his
counsel and his brother. He passed them
and seating himself in the dock gave his At
tention to the morning papers.
Scoville began his address to the jury by
confessing his unfamiiaritv with the modes
of practice in criminal cases. which had re-
which had undoubtedly initiated against the
prisoner. He desired, however, publicly to
acknow ledge and return thanks for the as
sistance he had received from the bar, and
in other parts Of the country, assistance
cheerfully and voluntarily rendered, and
which had very materially aided him in con-
Quoting the defence. All the defence asked
for was a fair, candid. impartial weighing Of
the evidence by fair and candid men. The
counsel would attempt no orstOry, because
he was not equal to it, and because he would
not do it if he could. He would address
himself simply to the reason, judgement, and
intellect of the jury. Oratory, elOquence
and appeals to the passions, he would leave
for the counsel who follow him, Judge
Porter, and he desired to warn them that in
the efforts of the learned counsel, Judge
Porter, to expound the law or explain the
evidence, he would invariably seek to in
duence them through the emotions, to touch
their hearts and sway their sympathies, rather
than 70 convince their judgement.
The speaker dwelt upon the seriousness Of
the duty devolving upon the gentlemen of the
jury in arriving at a fair and impartial YER
dict, and explained the reasons for the par.
ticularity observed BY the courts in select
ing iuries. The counsel upon the other side
would insensibly add q coloring to suit their
particular views, and though each might be
honest, yet the counsel upon the opposite
sides would naturally take opposite views,
and in listening to and reading over the same
each would catch points which would seem
to make for their respective sides.
As q consequence. in presenting them to
the jury, tinged with a coloring Of their coun-
sells preconceived opinions, neither would in
reality present the whole truth. Scoville
complimentsd the fairness, honesty and in
tegrity Of the counsel. Mr.. Davidge, who had
opened the argument tor the prosecution. He
then proceeded to show that, owing to the
causes just set forth, how unfair, partial and
dishonest Mr.. Dsvidge's comments on, and
review of the testimony had been.
Scoville said: do not care to complain,
although / do not think as counsel in the
conduct of this case have been treated with
fairness. Personally I care nothing for it,
but when it Injuries the cause in hich my ef-
L i
hold in my hand an indictment for conspira-
cy, which have formed in my own mind,
and the object of the conspiracy is to hang
the prisoner.
Scoville proceeded to name the conspira.
tors: the district attorney, Judge Porter,
Davidge, Drs. Gray, Hamilton, Kempster,
Mcdonald and Wooster. Apologizing for
the transgression. Scoville said, The habit of
newspapers, of anticipating the processes Of
our courts Of law, and complaining against
the hardness Of judicial decision, is most
perniciOus one, and sntagonizes the very re.
suits they may be clamoring for.
Said Scoville, The counts Of this indict-
meut are twenty in number. First, they have
perverted the law in this case.
Scoville, in illustration or support of this
count, alluded to the introduction by Judge
Porter of the decision Of Judge Davis. He
said the counsel upon the other side indig.
nantly repudiated the suggestion that Judge
Porter sat with Cardoza of Barnard, "but
have yet to learn of either of them commit
ting . more reprehensible act than that of
Judge Davis"
Scoville warmed up with the subject and
denounced in severe language the extra ju-
been guilty of such a bold-faced attempt to
editor would have been subject to arrest for
contempt.
Judge Porter-Don't let rs turn the court
room into . town meeting.
Scoville resumed, but was coon interrupt
ed by Davidge, who with some impotence
said: Oh. no, no, Mr.. Scoville that's not
so!
Scoville-You may interrupt rs much as
you please. shall not be deferred from say
ing what believe to be true.
Davidge-Well. we'll, I'll not interrupt
again, say what you may.
Guiteau-That's right, Judge; you keep
quiet. You talked for two days and didn't
say anything. Now, give some one else .
show.
Scoville continued. When Judge Porter
comes before this jury and undertakes to per.
vert the evidence, shall not keep quiet a.
did with Davidge, but shall stop him.
Guiteau-So shall I.
Scoville-I shall stop him and shall cor
rect him if I find that he is missating the ev.
idence.
Guiteau-Never mind, I'll attend to him.
Judge Perter-There will be two Guiteaus
then, to attend to me.
Ssoville At some length reviewed these
portions Of Devidge's argument in which the
law Of the case was stated, and claimed that
il was falsely stated in every instance; that
il was we'll termed by the counsel the "iron
rule" for is wonld hang four-fifths of the in
sane criminals of the country. can only
express my surprise that gentlemen of the
learning and experience possessed by the
counsel for the prosecution can 90 state il
unless there 10 . wilful perversion of the fact.
The prosecution state if the prisoner knew
that the act was wrong on the second of july
then he should hang. Now, this 10 not, by
any means. the whole of it or the correct
statement Of the Law. The court has added.
in substance, - follows, and yet, if in thin
act, he was overpowed by the consciousness.
coming through his diseased mind, that what
he was doing was necessary for the good of
the country, and he WAS specially appointed
By God then you cannot convict hun of
murder.
Continuing, Scoville said: The second
count in this indictment is . prevention Of
the testimony. l do not know how far Judge
Porter will go, but will allude to some in
stances in Dsvidges speech,
Scoville proceeded to sustain this count by
reading from Davidge's speech and compar-
ing Il With the testimony.
Oh, thst's for money. He 10 paid for that.
He don't believe it, shouted Guiteau.
Scoville ccntended that the facts ~ere
perverted and particularly the evidences.
A. TO the Immortality Of the prisoner. the
oaly allegation, said Scoville. that will hold |
Agaanst bin = that Of adaitzy.