Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-02-06

request of yesterday to be allowed to sit at
the counsel table.
Scoville stated that he wished to say that
since the adjournment of the Court he had
been informed that Curtis. who made an aft
davit relative to the Critic matter, was not
bailitf in charge Of the room at the time the
paper was found that he had been substi-
tuted for 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and who was withdrawn by the prosecution.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, 81 am told,
knows about the papers, and I can in ten
minutes summon as witness party who will
say that the man Ssiner was heard to remark
that if that matter of the Critic became
known. he (Ssirer) would have to jump the
town."
Colonel Corkhill objected to this evident
attempt to postpone consideration of the
motion. If every bit of heresay gossip was
to be dragged in here, there would never be
any end to the question.
Scoville replied that he did not ask for a
postponement. He simply desired to call the
attention of the Court to the information he
had received, as showing how important it
was to investigate the matter with the closer
scrutiny.
JUDGE CoX's DECISION.
Judge Cox Immediately began to read from
manuscript his decision upon the motion,
reading from various authorities bearing upon
the case. He discussed at some length the
circumstances attending the finding of
newspaper in the room of one of the
bailiffs of the jury in the case. First,
as to the handwriting, There are several
circumstances that make it impossible that
a. least two of the names upon the margin of
the paper were written by the gentlemen
themselves Second-If, as suggested, this
paper was lying on the table in the bailiff's
room, and gentlemen of the jury in writing
in albums first tried their pens upon
the margin, it would amount to nothing
in the face of the sworn affidavit OF
every member of thu jury that they did
not see or read papers 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, and
the evidence TO be introduced as to the prison
er's manner and appearance prior to the
assassination, if there had been ne evidence in
troduced upon this subject, there might be
some force in the request, but dozen or
more witnesses testified on the trial as to his
manner and appearance, covering a period of
time from March until the commission of the
act. The evidence now sought to be intro
duced would be merely cumulative, and would
not affact the verdict.
AS to the expert witness whose admissions
after the trial are alleged to have been diff
ferent from his evidence given upon the trial.
Judge Cox said that unsworn admissions of
this character could never be considered as
ground for overturning q verdict that could
only have been obtained through the evidence
of the very witness who, from corrupt mo-
tives, might serve to reverse verdict.
From all the papers presented Judge Cox
summed up: i" l am unable to find any rea-
son to grant the motion, which is, therefore,
overruled."
sCovILLE AND GUITEAU.
Scovile-I would like to note an exception
to the ruling of the Court.
Colonel Corkhill-Y our Honor, it now be.
Scoville-Ons moment, please. l would
like to file, in due form, the motion which
referred to yesterday.
Scoville then fled his motion in arrest of
judgment.
Guitsau, who had been permitted to resume
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."
he retorted "Well, I don't want any ad
vantage taken of me. Iwant to know how
long shall have to prepare my appeal to the
Court in bank p
Scoville-Please keep quiet. We haven't
reached that yet.
Guiteau with much excitement)-I won't
keep quiet. / am here, and propose to do
my own talking.
SENTENCE ASKED FOR.
Judge Cox then informed Scoville of the
rules OF practice applicable to the filing of his
exceptions, aud after this matter had been
arranged, Colonel Corkhill renewed his
motion, saying: 6 It is now my duty to ask
for the sentence of the Court"
Judge Cox Ito the prisoner) Stand ny.
Have you anything to say why sentence
should not now bs passed upon you?
Guiteau (si.l sit ing)-I ask your Honor
to postpone sent euce as long So possible.
Judge C4x-Stand up. Have you any.
thing to say by sentence should not NOV lie
pronounced upon yuu?
The prisoner arose, p lie, but with lips co,a-
pressed, and des pera'e determination stamp d
on his features. In low and determined
tone he began, but soon his manner became
wild and violent, and, pounding upon the
table, he delivered himself OF the following
harangue:
GUITEAU's APPEAL.
81 am not guilty of the charge set forth in
the indictment. 1t was Gods act, and not
mine. God will take care of it, aud don't let
the American people forget it. He viii take
care of it, and every officer of this Govern.
ment. from the Executive down to that Mar
shall, taking in every man on that jury, and
every member Of this Bench, will pay for it.
and the American nation will roll in blood
if my body goes into the ground and l am
hung The Jews put the despised Gllileau
in the grave. For the time they triumphed,
but at the destruction OF Jerusalem forty
years afterwards the Almighty got even with
them. | am not afraid OF death. l am here
as Gods man. Kill me tomorrow, if you
want. l am Gods man, and have been from
the start"
THE JUDGES PRELIMINARY REMARKS.
Judge Cox then proceeded TO pass sentence,
addressing the prisoner as follows: You
have been convicted of crime SO terrible in
its circumstances and so far reaching in its
results, that it has drawn upon you the hor-
ror of the whole world and the execrations
of your countrymen. The excitement pre-
UuC6u Dy SUCH al oueuSe Ildue IL no easy tas6
to secure for you affair and impartial trial, but
you have had the power of the United States
Treasury and Of Government men at your
service, to protect your person from violence,
and to procure evidence from all parts of the
country You have had as fair aud impartial
jury as ever assembled in Court of justice.
You have been defended by your counsel with
zeal and devotion that merits the highest
encomiums. I certainly have done my best
to secure fair presen alton Of your de-
fenss. Notwithstanding all this, you have
been found guilty. 1t would have been a
comfort to many people if the verdict of
the jury had established the fact that
your act was that of an irresponsible man.
1t would have left the peop.e the satisfying
belief that the crime of political assassina-
ton was something foreign to the institu-
tions and civilization of our country. But
the result has denied them that comfort. The
country will accept it as fact that such a
crime eau ibe committed, and the Court will
have to deal with it with the highest penalty
known to the criminal code, to serve as an
example to others. Your career has been SO
extraordinary that the people might well at
times have doubted your sanity, but cam
not but believe that when the crime was
committed you thoroughly understood the
nature of that crime and its consequences"
MATTER OF OPINION.
Guiteau-I was acting as Gods man.
The Cortland that you had moral sense
and conscience enough to recognize the moral
iniquity of such an act.
Prisoner-That's a matter of opinion.
The Court-Your own testimony shows