Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-10
GUITEAU'S ANXIETY.
The Assassin Nervous and Excited, but
Masters Up Courage to Deliver His
Usual Harangue.
Sc0TiIIe Closes His Argument-Angry
Spat Between Counsei-COrkhiil on
The Question OF Jurisdiction.


nance indicated anxiety. When he had
! taken his seat in the dock he glanced around
stsalthily over the audience and Immediately
/ began a harangue, evidently intended for
/ the jury. Il have received" he said, "ssme
/ eight hundred letters, a great msjority Of
them from ladies. When | get time j shall
/ attend to them. / want to send my greet
/ ings TO the ladies of America and thsnk
( them for their sympathy. They don't want
me to be hanged. Public opinion Il fast
changing. / received, Saturday, check for
$1,000 from the Stalwarts of Brooklyn, and
another for $500 from the Stalwarts Of New
York. want this jury to understand how
public opinion is on this CASE
A bailif here tried to silence him, when
he turned upon him in a most vicious man
ner, and snarled out: "You keep quiet, and
mind your business. Do not interfere with
me when | am talking. If you had any
sense you would understand your place"
With this opening breeze the proceedings,
in due form, were begun, and Scoville re-
sumed his argument.
ScoviIle proceeded without interruption
for hour. His remarks were listened to
with marked attention. He laid stress upon
the proposition that insane men often
knew the difference between right and
wrong, and Tor that reason conceal their plans,
that the benefit of the doubt should attach
10 the plea of insanity when raised with the
same force as when urged in connection with
the commission of crime.
His sllusion to the the decision of Judge
Davis who went out of his way" he said,
" TO pass upon something not involved in
the case he vas then considering" brought
Judge Porter to his feet with the indignant
reply that the charge it was false.
Scoville retorted that the opinion of man
who sat on the same bench with Barnard
and Cardoza should not be received with
much consideration.
Judge Porter with even more vehemence,
reiterated that the charge of counsel was
absolutely talse; that JEdge Davis had never
sat on the bench with either of the gentlemen
named. "It the honorable member OF the
Federal Judiciary is to be put upon trial
here demand, !" said Judge Porter, that the
record be produced here upon which this
base charge is made"
~ s;seviIie insisted that when q 1T, le of pro
ceedings bet snited to a police court were
introduced here by the prosecution he should
comment upon them as he deemed fitting;
he should not Be frightened by the tragic ut
terances OF Judge Porter. He had heard the
same notes years ago, from owls at night, in
the woods of Ohio.
Guiteau laughed, and called out, sneering-
ly: That's very fine speech, Mr. Porter"
Davidge protested that not Eve minutes
had been devoted to the proper scope OF ar
gument, and the Court warned counsel that |
they must abstain from personalities.
ScOville concluded his argument at - |
o'clock, and in conclusion desired to make a |
lew remarks OF personal character. Allud |
ing TO his controversies with Judge Porter |
he disclaimed auy intention to transgress the |
bounds of propriety or rules of practice, but |
he should critiG:se the conduct of counsel |
when it merited criticism, and the threats of
the prosecution would not intimidate him.
Citing the custom OF counsel upon the other |
side Of bowling to the jury upon entering,
Mr.. Scoville said sometimes it is three bows
all around, sometimes more, never less than
three. 1t has never been dore By counsel on
this side, ard | do not hesitate to criticise
the propriety OF it.
Judge Porter-Ihe gentleman is simply
instancing his lack of politeness. Ii he has
no apology to offer i shall certainly not
apologize for him. Recess,
Evening Session.
After recess, CorkhilI stated that he had
not expected to speak on legal points, rely
ing upon the assurance of the defense that
Inc question OF jurisdiction would not be
raised; but as the last two prayers OF the de-
tense distinctly made that ISSUE he felt it his
luty as the prosecuting officer of the govern
nent to address the court upon the question,
o which he had devoted most careful con-
alteration. He then proceeded to read from
ITlHIeu sIlp5 an eAnGustiFe argument upon
he subject of jurisdiction. Tine argument
occupied the attention of the court one hour.
Davidge thsn addressed the court upon
he general propositions contained in the
prayer. 81 don't deem it necessary" he be-
IAN, ITO advert to the question of jurisdiction
It this time"
"a very wise decision" piped in the pris-
ner.
Davidge then discussed the question of
Il. II L
meant the intentional doing of a wrongful act.
lie also discussed seriatim the prayers of the
efense, and pointed out "their sophistries
nj Inconsistencies. The object of the pros
cution," he said, els to obtain from your
Ionor plain, clear and direct rtlipg Upon
he four distinct propositions. The apparent
bject OF the defense has been to befog all
hat may be clear in this case, in the vain
ope that they may get to the jury with the
anne uncertainty attached in some way in S
be case upon which to- build plea for ac-
initial. Why, your Honor, in the cotirse of !,
lirty years practice l have never seen ,
Ich a prayer as this one offered by the de-
snse; it has no Justification, it has no ex-
use. We do not want obscurity in this mat
n; we want light. We do not mean to let {
he prisoner escape IN cloud, but We want
ON your Honor a clear and pefspiruous :
Hing, SO that twelve average men sitting
5 jury cannot possibly go astray."
avidge severely handled the eleventh and
velfth prayers of the defense, and charac-
rized them as mean attempts to cast asper- t
ons upon the experts who had testified for I
e prosecution end upon counsel for prose- Z
lton themselves. 8
The prisoner followed the argument With q
attention and INDUCED in fire.
lent and noisy comments.
Davidge concluded his argument at 2:5 5 t
elosk. The court then adjourned until to- I
orrow morning. n
Judge Porter will make the concluding ! e
gument Immediately upon opening of h
urt, after which Judge Cox will render his ?
cision.