New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-08
THE CHIEF QUESTION THAT OF RESPON.
SIBiLTTY
lBY TELEGRAPH To rue TRIsUsE {

prayers of both sides for instructions 90 the jury.
| These were not concluded when the Court adj
iouTned, Mr.. Scovillc having still an hour To speak
before District Attorney Corkhill closes for tho
prosecution. The Judge will then announce his
| decision upon the points raised after which tho
arguments to the jury will begin 10 he followed by
the charge from thebeuch. IT, therefore the IL
to be submitted to tho jury before the end of next
week. the closing speeches of coun vel viii need 10
! be much brefer than has been expected. Probably
neither side however sill feel like rsking the
| in order To gain day or two Of time
! The prayers OF the prosecution take the highest
ground upon the subject of responsibility for crime
| that is known to the law-the English rule laid
| down by the Judges Of the realm In McNaughten's
case. and followed since in the English courts and
in the Federal here as the prosecution claim,
without a break. This rulo H. in brief. that tho
man who can distinguish between right aud wrong
is responsible for crime. The prayers of the de-
fence. Oh the other hand, take the groudd-whch
seems TO find its support chiefly In the scattered
decisions of state courts--that where sanity is In
| question: the prisoner must have the beneit or
reasonable doubt as he would have the benefit Of
a reasonable doubt of his guilt if his sanity was not
III question. This the gist of the dcience-that
| the prosecution must prove sanity beyond doubt,
| or II they fail in that, the prisoner must be
quilted.
The decision of Justice Cox up,n these points,
following the elaborate exposition of the subject OF
insanity made by the fourteen experts aud followed
| by the action of the jury will make The Guitesu
trial important and memorable as tending to erect
| definite standard OF responsibility for crimes.
| Mr. Davidge, in opening re-read and rapidly ex-
planned the four br,ef prayers of the prosecution.
These are stated curtlv: ul that the test Of the
| legal respous bility is the power 10 distinguish he
| blrt
that power is responsible for his actions. although
he may have acted under what he believed To be
an inspiration etc.; } that If by of disease.
| the prisoner did not know the difference between
right and wrong. he is not responsible; a that the
only evidence in this case of irresistible impulse is
the prisoners claim of an inspiration. which II not
an excuse if he had the power to distinguish he
| tween right and wrong In commenting Mr.
Davidge said the first prayer simply professed 10 fix
| a rule as to how much intelligence is necessary 90
make tho accused man amenable tc the Lass OF tho
| land, and the second. to draw the line OF RESPONSE
bility between pretended disease of the moral ma
ture never recognized by the courts, and disease Of
the mind This prayer meant to stamp out
the doctrine of moral insanity
| The third prayer dealt with fsa 1ity from the
standpoint Of TIA, law, not Of medicine. stupen-
| dous crime having beer committed, the question is
what insanity constitutes a defence Dd tne essas-
| sin know that what hc was dong was contrary to
right and the law of the land The fourth prayer
was to show that the assassns claim of lnspira-
tion was excuse. being mere human conviction.
| Mr. DayidQe then read three of the five answers
| of the English Judges In the McNaghten ease, de-
| claring that the rule there laid down had been ob-
served ever since IN England and almost universally
| adopted in America. In commenting upon item,
| he said that the Court might go much further than
| IL Wit hia saV II
a man was partially insane aud still knew the
difference between right gand wrong, he rrspon.
sible
| Here cau,o Guiteau's first interruption of the
day. "Idid not know tho difcruce,' he called
out. had 10 choice. II had, wouldn't have
| done IT,"
Mr. Davidge fred round shot into the
defence when be said: THIS man was
| portrayed 10 an imbecile, until
he went on the stand, and he himself tore that pre-
| tension 10 shrcds and atoms" Mr Davdge laid
stress upon the fact that the law raised n higher
standard of responsibility for crine than for other
acts. A man might be incompetent 10 make n con-
tract or a will, he might be partially insane,
| and vet be able to distinguish between right and
| wrong One of the citations made by Mr.. Davidge
was the charge of Justice Noah Davis 10 the jury
| upon the recent trial of Mrs Coleman for murder.
The Jury were now In their seats, having preferred
| to remain although urged by the counsel for the
prosecution to take this opportunity for an airing.
| # they desired Judge Porter read the charge for
Mr. Davidge with dramatic emphasis. which was
probably not lost upon the Jury though intended
| only for the Court. The charge, it will be remem-
| bered was thought at the time to have
| snecial reference to the case Of Guiteau.
Judge Porter said he read it 10 follow tho New-York
| decisions already cited, TO show the law IN New
| tn thp me "a
Guiteau's act but even to the beginning Of this
! trial.
| Mr. scoville INDUCED in q characteristic pro
| test the moment the reading concluded, In
| which lie charged Judge Porter with work.
| ing in speeches in the guiSe OF authority
| and even went far as to insnuate that he
| had read the charge simply for effect upon tho
,urv Mr. Scoylle said tho charge was OF no
more authority than " the stump speech of poll
ticianp as /, had nothing to do with the case In
| ubicb Il was rendered. Judge POrter made an In
dionaut reply declaring that this farce must end
Tbev had come to a point in the trial where they
uust stand upon their rights. Counsel must not
make such lmputatiousj and ho added, with sig
ni6cant look nj the Bench IF he does not receive
rehuke from the Court he will receive 10 from
| othersV He eulogized Justice Davis as Judge
without a superior If he has peer, In the Onion'
and declared that the decision applied both 20 the
case in which il was rendered and to TINS case IL
had lust been officially published
Just,ce Cox then uttered his " "rebuke' when
consisted Of the expression Of hope that there
would be no alterations between counsel" he
add,d that he thought the citation proper and tnas
the question of its application to the case IN wh'ch
:. ,ras ,s,d.red was subject for comment by coun'
| 90, hereafter. Mr. Dsvdgo at once said with 'omo
Itte heat that IL was applicable TO the same case IN
| which It was rendered Guitoau' aS V
""o aasb cried ont. "and tho jury went