Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-23
CLOSED.
Conclusion Of the Arguments on the
Part OF the Defence.
Guiteau's Speechin His Own Behaif-An I'm.
potent Effort Rhetorical Gush-An At
tempt to Create Sympathy-Porter
to Commence To-day.
THE ESSENTIAL ELEMENTS OF MURDER

The statement that sanity is an essen
tial clement Of crime, though it has the
authority of the bench to support it,
hardly seems to be the correct way of
stating the relation between mental con-
dition and punishment or immunity.
The substance of murder is the killing,
and the killing is murder-unless modi-
flying circumstances are shown, such as
the absence Of intent, self-defence, or ir-
responsibility on the part Of the person
who-did the killing. But this doesn't
alter the fact that 1t Is the killing that
makes the murder, and the victim is
Just as dead when the slayer is crazy III
when he is sane. The modifying cir
cumstances,t then, should be looked upon
not as altering the character of the act,
but as affecting the amount OF punish
ment that the safety of society requires
TO have inflicted on the prisoner. This
distinction Is in accord with common
reason, and it is far from being without
q difference. If sanity be an essential
element of crime, then the prosecution
ought in all cases to prove 1t just as
much as Identity, presence at the scene
of crime, etc. But If, instead Of putting
the matter in this form, it be stated that
insanity does not alter the fact of the
killing, which constitutes the murder,
but does give the prisoner claim on
the Indulgence of the community, then
the prosecution can rest when 1t has
shown the prisoner committed the Of
fense, and the prisoners counsel can be
should not be inflicted.
A H., k...t Afs sv,-n Al
Cox has announced that he shall apply
the most rigid OF all those used in Amer
lean courts, the test that Is universal in
England. This is the knowledge of
right from wrong, which is explained to
mean knowledge-or the lack OF it
that the act one commits Is against the
law of the land. Even If Guiteau be-
lieved that he had an inspiration to
commit his crime, he knew he was vio-
lating the law of the land, and must
take his chances with the martyrs whose
blood was theseed of the church. Judge
Cox seems TO put small faith in SIRE
sistible impulse" As a plea, 1t isn't
much better than "moral insanity" A
man whose mind is not diseased can
control his impulses unless he has never
accustomed himselft to self-control. The
man who never brides his passions
must stand with the man who never
brides his appetite, and if the man who
commits murder while drunk is hanged,
so should the man who commits muir.
der under irresistible impulse behsnged.
=. :.
WASHINGTON, January 21.-Notwithstand-
ing the drenching rain, the court room
was crowded and hundreds turned away,
to-day. More than one-half the Audience
were women, wearing waterproofs Gui-
teau took the witness chair and said:
81 am not afraid that am going TO be
shot. / sit down because | may tire. May
il please tho court and gentlemen. OF the
Jury: The prosecution pretend that | am
a wicked man. Mr.. Scoville and MIR. Reed
saw am a lunatic. | certainly was on
July I'd, when fired on the President, and
the American people generally say was,
and presume you think ] was. Can you
Imagine anything more insane than my
going to that Gepot and
Shooting the President
of the United States? You are here 10 say
whether / was sane or insane at that mo-
ment-remembcr, at that particular mo
ment when | fired the shot. You have
nothing to do with my condition before OF
since that shot was fired IF you have any
doubt OF my sanity at that moment you
must give me the benefit OF that doubt and
scquit. If you have any doubt whethe!
fired that shot on my own account, or as
the agen: of the Deity, You must acquit
If fired the shot on my account
WAS Sane.
If fred it supposing myself the agent Of
the Deity, / was insane, and you must
acquit. That is tho law as given in the
recent decision in the New York court oi
appeals. !. ferGiutionizes the old rule,
and is a grand step forward in the law 81
insanity. 1t is worthy OF this age OF rail.
roads, electricity and telephones, and II
comes from the progressive state OF New
York. have no hesitation in saying that
it is q special providence in my favor, and
ask this court and jury to consider IL.
Some of the best people of America think
am the
Greatest Nan OF This Age.
TIaughterl, ard this feeling is growing.
They believe i'm my inspiration, and thai
Providence and | have really saved the
nation another war. Ny speech, settin !
forth my defense in detail, was telegraphed
Sunday to all the newspapers in America,
and published Monday morning, anu now
am permitted by his honor to deliver II
to you Only one mistake occurred IN 1t,
and that was my FAULT, and desire to ex'
press my Indebtedness to the American
press for the able and careful way in which
they reported this case. The American
press Is a vast engine. They generally y
bring done their man when they open upon
him. They opened up on me with Gil their
batteries last July because they did not
know nv motive and inspiration when
shot the President Now that they know
my
Motive and Inspiration
their bitterness has gone. Some men are
double headed. They curse you to-day and
bless you tomorrow, as they imagine pub
lie opinion is for or against you, which
shows a very low grade Of character.
desire to thank my sister, my brother,
and my counsel, Mr.. Scoville and Mr.. Reed
for their valuable services. | intend 10
give my counsel ample fees, especially Mr..
Scoyille. He is q staunch man and hero,
and commend him TO Chicago and the
northwest Us a first-class lawyer and a
Christian gentleman. We have differed some
what as TO the defense; he has his theory
and have mine. ! told him to work his
theory for sll it was worth, and he has done
IL in
A Mastery Way.
and commend him for his zeal and ability
rs an advocate. Considering the slight ex-
perience he has had as an advocate, he has
shown himself man of markell resources.
In other words you cannot tell what is In 9
man until he has chance to show himself
Some men never have @ chance, and 70
down in obseurity TO the grave. There ara
plenty OF brains in this world, but il is
only the man who has q chance that deyel'
OPS the fact that he has brains. II is brains,
opportunity and Providence that makes
great men.
return thanks TO the marshal and his
aides, the superintendent Of police and bis
force, the warden OF the Jail keepers, Gen
eral Ayres and his troops for the services
rendered me during the trial. l return
thanks to this honorable conrt and 70 this
bright Jury for their long and patient At
tention on this case. am not here a. q
wicked man nor es q lunatic. a-
IAN Here NJ Patsiet,
and my speech Is as follows:
Guitesu then produced newspaper and
settled down TO read his speech published
last Monday. He delivered about q hall
column from memory. When his memory
gave out, he took up the paper and read
from Il rapidly until he reached striking
passages, all OF which he emphasized vitn
precision and elocution. When he reached