Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1882-01-05

said to resemble Guiteaus, although
the resemblance was not striking.
Ingersolps, which Davidge said bulged on the
wrong side, Chief Justice Cartsr's and Tressur-
DR.. Kenepster showed by these heads, all OF
which wore irregular, some of them much more
than Gtiteau's; which he pronounced to bs a
good head, that very Few heads were symmetri-
cal, and that symmetry was no evidence, unless
very marked of either insanity or idiocy. Gui-
dock than he had been out OF it
His Interruptions became, as usual,
more frequent as he became more weary, and
toward the close of the session he was in ono
Of his own yelpiag moods. Fortunately Judge
Cox permitted him to write on the broad top OF
ink for the purpose, and securing less noise,
Il not ellsnce. He said some iathet amusing
things, at which, Of course, every boly laughed.
Tho government expects to close its case in
rebuttal on Saturday. The defense expects to
close its case in SER rebuttal by the following
Saturday.
FRIDAY, DEC. 80.
On tine bench beside Judge Cox sat Judges
HaSnof and Wylie; President Mott OF Union
college, and Congressman Walter 4, Wood Of
Eew Eor6. Proctor EnoH .Gf Hentrcky, sna
!. Gen sE5rman were the only other prominena
persons present Guiteau YVES very taiEatya,
although less abusive than usual. He got III
number OF 'Flittle speeches" in very theatri-
cal way One of them does not appear Ill the
official report Of the proceedings 1t was in-
tended solely for the ears OF Scoville and Reed,
was whishered hastily as Guiteau was led past
them to the dock and ran thus: "You Keep
Quiet and III laugh the case out Of court"
Some Of bis putli6 speeches followed ltamedi
ately upon the heels of this rem ark.
Dr.,J. P. Gray, superintendent of the state
lunatic asylum at Utica, n. Y, for the past
thirty one years, who has had IL, 900 insane
patients under his care, testified TO- day that
Guitesu wss sane and responsible on the sec
ond of July and is sane and responsible to- day.
He is the last of the government experts, and
when be shall have said the last word ia behalf
of the great body Of medical men Of the country
whose REPRESENTATIVE. he is. respeeting the mon
tai condition of the assassin, the weight OF eyi-
dence in favor of his sanity will be SO great as
to leave little room for doubt in any mind
The question of permitting the jury to dis
band was raised, but was dismissed by the fore
man announcing that they preferred not to sep
arate provided they could have a reasonable
opportunity for exercise and to obtain fresh
After recess Dr.. Gray stated he made thor
orgh, co1hp1ete End satisfactory examination CT
the prisoner at the jail, and gave, at some
length, the details of his examination and con-
versation with the prisoner After half an
hour had been taken ID thus, g~Guiteau re-
marked: 'sThis is q very interesting Story, no
doubt, bat it must be familiar by this time to
everyone. The doctor is telling it well, how
ever and is getting in all the facts as told them
to him. l have no objection to it Witness con-
tinuing said; II asked the prisoner the question,
Suppose the president had offered you the
Paris ccunsslship during tie time geu were re-
fsctipg upon, this subject Of removing him,
wou;d ,oti still hf.f shot htmf' end pc replied,
We'll, we'll, that would have settled the matte,
would have taken the position. Guiteau
called out from the dock: 81 said if he had
offered it to mo at any time before the 1st of
June. If he had offered it after the 1st it
would not have made the slightest difference. .
Witness asked the prisoner how he came to
| shoot the president: ~ came to the eonelu-
sion the political situation justified Il,
gradually became convinced Of this
and 1 resolved upon his removal" Guitesu
| shouted again: s'That knocks your Paris con-
! sulship and shows there was no malice in it.
| There was not an element Of murder in it but
| political necessity"
| Witness-I then asked him upon what
grounds he resolved to remove the president,
and he replied: ri considered the removal OF
the president political necessity" I then
asked him how he arrived at that conclusion,
and he replied: "If you will read the papers
| OF May and June you will find what the politi-
| cssi situation was, ana you will perhaps appre-
aiate what mean by political necessity" Wit,
LESS then inquired Ii regard Sc bis all5ged irspi
OF voice or vision or of direct command, snd
his reply was: stIt came to me as q conception
| and reflected upon it until resolved that ii
VAS justified by the situation" Witness then
asked how this accorded with his theory Of in
hpiration, and his reply vas: s'rhe inspiration
| Ras in the form OF pressure constantly upor
me to commit the act"
Guiteau-That's all there is in the case-shori
and to the point You can talk about it si2
years, if you want to.
DR.. Gray continued the story Of his interview
! with Guiteau, with occasional comments BY
| the latter of assent or dissent, but not to the
| extent Of annoying interruption, until the hour
If adjourn mont
JUDGE CoI's DECISION
Following is the full text of Judge Co1s decision
demanding Guiteau to the dock: It is hardly neces
safy to say that the corduct of the prisoner durn'
the trial has been one of persistent volar1Un ant
defiance of order and decorum and decency from
| she beginning. The only measures which coul
have been resorted to to efectually and completel
suppress this disorder such es might have in
fringed his constitual right as prisoner at tria
and that was conclusive argument against resor
10 that. Until Saturday last no othe
measure had been suggested from au
quarter when the measure now proposed was sug
/ Sested in the form OF motion, although it ha
itself occurred to me previously, it ha
heretofore been an impression shared both b
court and counsel that the prisoners conduct an
language at the bar would probably afford the bes
| indications of his mental and moral characteristics
and contribute largely to the enlightenment of th
court and jury upon the vital question of ment;
responsibility. 1t was, therefore,, in accordanC
with a desire expressed to mo by tn
district attorney that he was allowed such latitud
of conduct unrestrained except so far as necessar
to conduct proceedings at all, in order to furnis
particularly to expert witnesses who were presen
an opportunity to diagnose his case. 1t was though
;hat no better opportunity could be afforded than
constant study of the prisoner in the court ROOF
| and under the excitement of the trial and the var
J Gus phases of this case daily pending the Ion
jsperiod which this trial has continued. AS it no
appears the opinions of the experts have bee
largely founded on
4 EXHIBITIONS THAT HAVE TAKEN PLACE
during the trial. and if they have contributed
enable expert witnesses to reach conclusions it is
complete vindcation of the view of the district a
torney, that this was the proper course to be pu,
i sued. At this stage of the trial the object seems
4 be accomplished. The trial is now approaching i
| close. Some six weeks have elapsed since the ht
ginning. These gentlemen have had ample oppol
tunty to make up their judgments and are now
the course OF pronouncing them before this cou
and country On Saturday for the first time, as
said, an application was made to me to remand Il
prisoner to the dock, and the ol
: been accomplished, it seems to me incumbent upt
me pow that the application made to impose sue
restraint upon the prisoner as the circumstanct
of the case shall admit and as shall conduce to Il
more orderly conduct Of the case, or what is left
it. considered this motion because I doubtt
the expediency Of 1t and wished to be clear in II
judgment that it did not conflict with tt
/ prisoners constitutional right. lie has rig
to be confronted with the witness
against him. He has right to he
the testimony and to appreciate its impol
He has right to have counsel assist him or col
suit with counsel. He cannot be gagged or Sc
out of court I had considered the application al
was prepared to act upon 1t on the day it W
proposed, but had hoped the mere making
the motion would have had its moral effect on Il
conduct of the prisoner. The proper place for
prisoner on trial for felony is in the dock. He C.
only come within the bar to plead upon arraig
ment or receive sentence If the court,
FOR THE PURPOSE OF FuRTHERINa JUSTICE,
grants him the priviedge of sitting beside his con
sci within the bar, 1t is privilege which COME
. no right in ITSELF but like any other privilege,
may be withdrawn summarily at the discretion
the court While the prisoner has an undoubt
constitutional right to act as his own counsel or
heard by counsel. he cannot exercise both rigl
simultaneously, Having asked for and had coun
assigned him, availing himself of the assistan
, | of counsel in any other way, he has ther
by waived his constitutional right to appe
Us such in person. 1t is well settl
that party cannot waive constitution
| right expressly intended for his benefit, and su
seouently invoke its protection. The behavior oi
{ party in court, whether prisoner or counsel. Is
standard by which to gauge his privilege Of e
pressing his constitutional right II he abu,
that right he may to some extent forfeit his pri
, leges, and the mere claim of such o right has
. weight in the presence Of disorder crea,
by the party himself. since the a
. 6ufv Of the court Is to prot,