Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-16

pose, as there would be no opportunity to answer
him, to let Judge Porter misrepresenr or color
evidence without calling attention to it at the
time.
"T1l attend to him." said the prisoner
'tGuteau will attend to me-" said Judge Porter,
waving his hand politely to Mr. Scoville.
MT Scoyile said he proposed to attend to Judge
Porter himself before he concluded.
REFERRING TO MR. DAyIDGEs ARGUMENT, -
Mr. Scovile reiterated his charge that he had mis-
stated4he law as it had been interpreted by the
| court, by not putting in the qualifications made
by the court He had stopped exactly where the
prosecution had stopped when they asked the
court for instructions, without giving the addition
or qualification made by the court The iron rule
referred to by Mr.. Davidge the iron rule en-
/ forced in England OF two hundred years ago, and
fitly called the wild beast rule They could not
imagine man so frenZied that h knew nothing
about right and wrong. He said the prosecution
could call the prisoner wretch If they chose, bat
1t would not help the jury in determining the
2d Of July.
''THE LAW, ACCORDING TO MR.. DAvIDGE."
Having referred to the assertion that the stand
ard was whether this man knew the difference be-
tween right and wrong, Mr.. Scovlle said: 'sThat's
the law according to Davdge."
"And the court" said Mr.. Davidge.
"No, sir; no, SIR" said Mr. Scovlle. "No court
IN n, this country will give that as the law except
III.
the prisoner "They had more sense than he
"The rebuke,"' said Judge Porter, "was by con-
victfng the party"
"Of manslaughter," cried out the prisoner "and
she got four years. They wanted to hang her,
'.NOw, gentlemen" said Mr. Scovie to the j,lry
"Tll allow those two gentlemen to talk back as
much as they please I'll go on with my arsu-
ment"
AS TO GUITEAU's KNOWLEDGE OF RIGHT AND WRONG
Mr. ScOville said this prisoner knew the di fer
hpty rjfrhf h,,fh
through disease, wrong standard of right AMI
wrong In This mind. After further discussing
Mr.. DavidgeS presentation OF the law, he said
that he had spoke of Mr.. Davdge only SO far. as
that gentleman was the only one Who had spoken.
He had no doubt, whatever, when Judge Porter
began TO speak, that he would state the law in a
similar way, and he would be obliged to stop him.
The rule was that if IN this act the prisoner WAS
overpOwered by a consciousness that he was com
manded to do this act to save the country from
war, then in his view the act was right, and the
prisoner was not responsible.
CHARGING THE PROSECUTION WITH PERyERTING TEs-
TIAONY.
He charged the prosecution also with perversson
OF the testimony. He could not tell how far Judge
Porter would go. but he did know how far Mr.
Davidge had gone. He did not charge Mr.. Davidge
with any single instance OF Intentional misrepre-
SentattOn OF the evidence; but, as he said before
he had studied the testimony, only with the view
OF sustaining certain propositions. He (Mr. ScO-
ville was quite likely, subject to the same crti-
as as TO the condition OF the prisoners mind Oh the
2i OF July last. it had been necessary to suppose
certain things We're true. Referring to sttte-
ment made by Mr.. Davidge, in his argument, that
the prisoner had inquired at Mr. O'NIeara's store
for pistol OF the largest calibre and most accu-
rate ain, he had Interrupted Mr. Davidge The
fact was, as alleged by OMeara in his testimony
that the prisoner went to the store. pointed to a
pistol or the largest calfbre, and asked to see it,
. Nil. DaVldge said he had corrected his remarks
the next morning.
''You can't blame him, Scoville," broke in the
prisoner. "ThatS what he is paid for"
There was a l,bOred attempt Mr. Scovlle said
on the part of the prosecution all through to Show
that this man was very bad, depraved man. Re
ferrng To the power the government had OF sacur-
ing evidence, he said that with all this power if
there was anything of consequence that could
have been proved against thi, man. il would hl>e
been prOVed. Every person TO whom he owed an
unpaid board bill had been brought here to show
the enornty Oh his act and help convict this prs-
Oner.
VAST ARRAY OF LITTLE THINGS.
He had waited patiently but vainly for two days,
While Mr.. Daydge was speaking, to hear his
theory as to this crime; he waited vainly for two
days to know why this prosecution held this man
should be hung. The man was confronted only
by vast array or little things, about his board
bills and little trivial conversations. All tnes,
things all over the country had bccn raked up and
brought before this jury.
There was only one thing that the gentlemen
could put their fingers on and say that it was "a
DISGRACE and that was the allegation of adultery.
"i1ow many innocent people are there hera?''
asked the prisoner, and. as he received no reply.
he answered the question himself, Not one,
Would they hang man for that? continued Mr..
ScOV1lle. He could not help thinking when the
prosecution was making such ado about this ter
the Master hsd said, 'sYOu that are without sin
cast the first Stone," and all the accuSers OF the
woman had lett.
GUITEAU SAYS THE MASS OF MANKIND ARE NOT yIR-
TUOCS.
That's the way it will be here, presumer
broke In the prisoner. After awhile he added "Au
the time was on theology and working for the
Lord, was a strictly virtuOus man. Don't YOU
forget 1t, American people and this Jury In a
few minutes he again interrupted MI Scovllle, and
said 81 want to have this record strai ght. know
as rule that high-toned Christian people are vir-
tuouS; but say the mass OF mankind are not. Let
the record be straight
MIR. DAvIDGE's REToRT
Mr.. ScOyille having reviewed some remarks by
Mr.. Davi1ge in regard to the witness Turner, he
said: "That is another point, Mr. Davidge, in the
Indictment against you one OF the conspira-
tors"
II think you had better give your attention to
the other Indictment retorted Mr.. Davdge.
II intend to give attention to that said Mr..
'.Well, you had better do So"
Mr. ScoVllle was about to proceed when the
prisoner interrupted and said:
"Scoville 1t is half-past twelve O'Clock. You
here"
RECEss-JuDGE PoRTER's PARTING SHOT.
few minutes later the court took recess for
half an hour. Judge Porter said he would be alb
sent during the afternoon, but he hoped Mr. SEQ
vile would not on that account refrain from say
ing any thing he desired to say.
After Recess.
When the court r0cOnyened, little after one
O'Clock, Mr.. Scoville resumed his argument After
quoting further from Mr.. Dayidge's speech he re-
iterated his charge that Mr.. Davidge had msrepre-
sented the testimony.
Guiteau,s Address.
Guiteau yesterday gave out through the Assoct-
ated Press his address prepared for delivery before
the jury, and which he says breads like an grafton
OF Cicero, and will go laundering down the ages"
In giving 1t out Guteau said he had concluded not
to take any money for it, but give it to the AS
SOG1ated Press so as TO secure the widest clrcula
tiOn for 1t.
THE PRISONER ON JUDGE COX.
In note preceding the address proper Gufteau,
after referring to Judge Coxs objection to his ad-
dressing the jury, says: 81 am sure that the able
chief justice and his associates who represent the
Washington court in banc will spit with scorn
upon the position OF Judge Cox, and am sure that
the high-tOned men OF the nation will do likewise,
because am my own counsel, and 1t Is infamous
If | am not permitted to address the jury when
my life is at stake"
The unSnOken address which n nuhIiohod a,