Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-16
THE TRIAL OF GUITEAU.
Mr.. SCOVILLE'S ARGUMENT.
HE ARRAIGNs HEOPPOsING COUNSEL.
THE PRISONERS NTERJECTED REMARKS.

THE PRISONERS NTERJECTED REMARKS.
The court room was densely crowded this morn
Ing when the court was called to order at 1910
o'clock Guiteau, when he was brought in, instead
of making speech settled back to listen to Mr..
Scoville. Mr.. Scoville having a large handful OF
manuscript notes then stepped out into the space
before the jury and began his address at once.
IN HIS OPENING REMARKS
Mr.. Scovile referred to the fact that they were
now entering upon the tenth week, and he would
feel as much relieved as the jury would when the
case closed. He said they had noticed during the
trial that the prisoner had at times been at dis
advantage, owing to his (Mr. Scoville's} fgnor-
ance OF criminal practice Yet, owing to the
assistance Of lawyers all over the country who
had kindly made suggestions, and to Mr.. Reeds
coming into the case, he had not been entirely at
a disadvantage, and he wished publicly TO thank
both these unnamed lawyers and Mr.. Reed.
AN APPEAL TO THE JURY.
Mr.. Scovllle then referred to his opening re-
marks where he had said how difficult it would be
for the jurymen to divest their minds entirely OF
their preconceived opinions OF the case. 1t was
their duty to strike balance-tO put the facts in
the scale and see II they weighed one way or an
other. They all knew that an utterly impartial
frame Of human mind was almost Impossible. 1t
was not in the nature of man to take clear,
IL
Their feelings were enlisted, and imperceptibly
their emotions influenced men, more or less, than
decisions upon facts. They ought not to come to
any conclusion upon this case at a until the last
words of the charge fell from the lips OF the
court. As men OF feeling-of good hearts as
Well as mndS-there was fact which could not
help having some influence with them. 1t was a
case in which the plaintiff in reality sat in judg
ment upon Sthe guilt of the defendant. The jury
men were in fact parties in this actiOn-mOre than
Is the case in ordinary criminal proceedings. The
jurymen were residents of Washington; they re-
sided where the dead President resided; he was OF
their family in one sense; more than mere po-
litcal relationship existed, because his character
Was such that he was endeared to tnem as a
brother. They ought therefore to be very candid
in coming to a decision
He would not, he said, seek to influence their
feelings by any display OF oratory. He could not
II he would and he would not II he could, as he
considered the intelligence OF the jury above that
He would leave that to the gentleman who would
argument would be an address to their emotional
nature. If the question was to be decided by pas
sion or prejudice, the defence was lost and this
prisoner would be hung
THE ONLY ISSUE THAT OF INSANITY.
1t had been said here that there was an at
tempt to introduce the issue of malpractice. The
jury knew that that had not been done with his
knowledge or consent. The single issue he had
always contended for, was whether this man was
of sane mind on the 2d OF July. That was the only
issue this jury had to decide The question had
arisen as to whether there had not been insanity
In the family OF the prisoner, and also to the
present sanity OF the prisoner These were but
collateral m tiers Ii tiey should hni from the
evidence that this prisoner perfectly
sane, and had been dur,ng this trial, stiff it did
not settle the question as to the condition OF his
mind on the 21 OF July. though it would have a
bearing on it. 1t was Just as difficult for counsel
In this case TO get their minds into proper frame
to consierit as it was for the jury, for from the
begiuning they were enlisted In the advocacy OF
certlin issues. 1t was but natural that their
minds should be drawn out more in the direction
OF the propositions they sought to establish than
what the
difference between counsel. He (Mr. Scoville)
good for the defence, while Judge Dlvilge looking
at 1t from another view. considered it good for the
prosecution. They naturally, without any dis
their view. He gave Mr. Divldge credit for hon
esty when he said he did not intend to misrepre-
sent the evidence in any particular 1t was true,
nevertheless, that
MR.. DAyIDGE HAD NOT MADE FAIR PREsENTA-
TION
OF either the evidence or the law, and he would
show wherein he was delinquent AS to the other
counsel for prosecution, he proposed to criticiSe
them at length before he closed, simply because
he Thought they deserved it, and ii he could not
show that they deserved it it would only rebound
to his own prejudice: Mr. Davidge said he (Mr.
ScOVie) had represented the prisoner in his OPEN
ing fool. MIR. ScovilIe then read from his
opening remarks, in which he had spoken OF the
prisoner as deficient in mild-not what could be
great ShrewdneSS-but as lacking something
which rendered him incapable OF reasoning as
III,
Mr. Scovlle read for several minutes from the
report OF his opening address to show that he had
not represented the prisoner as mbecile Had
Mr.. Davdge right, Mr.. Scoville continued, to say
that he said this man was a fool? He would call
the attention OF the jury to certain things in the
evidence, as he Thought it was his duty to do. Be
lore entering upon that, however, he wanted to
call attention to
SOME OF THE PECULIARITIEs OF THE CASE
He did not like to complain, but he did not think
the defence had been treated fairly. Mr. Corlhill
having gone out OF the room, he would reserve
what he had to say about him until he returned,
as he did not like to talk behind a mans back He
had framed during the trial
SORT OF INDICTMENT OF CONSPIRACY
against certain parties. These parties were primar-
lily, the district attorney; SecOndarily, Judge
Porter; thirdly, Mr.. Davdge, and with them the
experts-DrS. Hamilton, Mcdonald, Kempster and
Gray To that lllustrlous quaretta he would add he
sa1d Dr. Wooster. In this Indictment against them,
tions. The same charges did not apply to all of
them. The common aim OF all these men who
worked as co,conspirators was to hang this de-
1endant He did not believe even in accusing any
person until there was strong evidence
THE COURSE OF THE AMERICAN PRESS
In anticipating invariably the processes and adiu-
dcatiOns OF the courts OF law was one OF the most
perniciOuS things They complained that the
course OF justice Was slow. Yet the very agencies
that often defeated justice were the publications
OF the press. He referred to the star route cases
as an example, and asked ii 1t was not shame
and disgrace that the accused men should be con-
demned and branded by the press before they had
hearing. His charges against the SO-called con-
spiratOrS he made not behind their backs, but
where they could answer.
CHARGES AGAINST THE PROSECUTING OFFICERS
The first charge was that they had perverted the
law. Speaking OF Mr. Davdge, he said assuming that
that gentleman was honest, he had misrepresent-
ed the law in his argument simply because he had
studied it SO long from certain light There were
two principal leading propositions about which
counsel differed in this case. In the first place. it
was contended that II man knew at the time of
the commission OF an act that it was contrary to
the law OF the land, that the man was accountable
He would say again that when Judge Davis had
announced that as law he had announced false
rule OF law.
II ever either Judges Barnard or Cardoza had done
more reprehenSible thing than was done by
Judge Davis, In attempting to influence this court,
he had yet to hear Of 1t. II a newspaper had done
1t, In many cases the editor would have been ar
rested for contempt OF court. or course Judge
Davis attempt had no effect, but his intention was
the same. The decision had been forwarded here,
and the counsel for the prosecution presente6it
here as the law. When the court was asked here
to rule upon points OF law. the court had granted
substantially what the defence had asked.
"Oh, no! Oh mol" exclaimed Mr.. Davidge.
GUITEAU'S FIRST INTERRUPTION TO-DAY
"Judge, you keep quiet" called out the prisoner.