Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-11
THE GUITEAU APPEAL.
BEFORE THE
COURT IN BANG.

DISTRICT ATTORNEY c0RkHlLL FOLLOWS
Mr.. REED.
morning in the Circuit Court room, the arguments
In the appeal OF Cha& j. Guiteuu convicted Of the
assassination OF President GARFIELD, were resumed.
Mr. REED OPENED THE PROCEEDINGS
by citing the court to the case of John Wilkes, re-
ported in 4th Burroughs, to sustain the view that
judges should sustain technicalities He recited
he circumstances OF the Wilkes case, asserting
hat Lord Mansfield had held 1t was the duty OF
the court to sustain technical forms, notwthstand
ing popular clamor.
"You mean to say" said Judge Cartier, ''that
the court held that the mob should not try the
case.n
eyes, Sir" said Mr.. Reed.
"Thats sound law, !" remarked Judge Cartier.
District Attorney COrkhill's Argument.
District Attorney Corkhill then began his argu-
ment in reply to Mr.. Reed Mr.. Corkhill began by
saying g:-"After long and tedious trial OF proba-
bly, the most important case in the history Of the
criminal jurisprudence of this or any other coun-
judicial consideration, the court OF last resort
the question whether the defendant, Charles j.
Gultsaa, ~, was s accorded @ all the rights which are
the United States to every person accused OF
crime. You are to pass upon the rulings OF the
justice who presided at the trial, both as to the
propositions OF law and the admisSibility and
lection OF evidence, and to say finally whether or
| not any improper or Irregular proceedings which
ant was had during the trial. This has been
great case. not only because the victim OF the
crime was the President Of the United States, and
his emnence, his great character, his high Official
position attracted the attention OF the civilized
this, there were legal complications that were not
| only new in this jurisdiction, but some OF the
questions presented have been the subject of
grave discussion by many OF the most eminent
legal authors in this country and in Europe"
THE QUESTION OF JURISDICTION.
He then rec1ted the facts OF the case, giving
brief but graphic account of the last hours Of
President GARFIELD, and said: 'It is gravely said
| that because President Garfield was not allowed
to remain here and die, that therefore this court
has no Jurisdiction to try the assassin who COM
mitted the murder. and that under the construc-
| tion OF the law for centuries, the fatal
| stroke and death must both occur in the
| this claim be well founded it is one Of the most
absurd leg acies that we have inherited from
condition of society it then existed but utterly
inapplicable to our present system OF jurispru-
| The district attorney then discussed at length
the old English laws respecting uries and 1urisdc
ton and the conditions that called forth these laws
cases. he said he doubted III there be found a
single court that has been fairly met with the
question, not complicated by some peculiar cir:
Instances, In modern times, that have hesitated
to hold that the crime OF murder consists OF strik
Ing the fatal blow with intent to commit the crime,
and that the death, wherever it occurred, was but
| ITSELF"
He then dealt with the various executions In
the order OF their occurrence and contended that
the proposition that it is incumbent the prose-
cution to establish the defendants sanity has no
1oundation In law; that the testimony tending to
| show that the defendant was person OF indif-
lerent moral character and regardless OF social
showing HIS moral character in connection with
| his mental, and tending to show his temper and
6dt the Of W
| mission OF evidence regarding newspaper opinion
on either side was an error it was remedied by the
nothing that had been said on that subject BY
| elther SIDE should be regarded by them.
| THE CHARACTER OF THE DISTRICT COURTS
Mr. Corkhil then dealt at some length with the
question Of the character of the District courts in
| relation to other United States courts, Mr.. Reed
having questioned whether they had coordinate
jurisdiction, and, furthermore whether the stat
ted In another circuit applied more than revenue
| cases, the district attorney having claimed that
the crime was not held to be complete here full
| jurisdiction was conferred by section 731 r. 8.
| Judge Hagner asked the district attorney II he
considered the offence was completed In New Jer-
| The district attorney said he did not
ann this + :; said Judge Hagner does
cult and completed in another"
''The colonel" said Mr. Davidge, 'refers to the
alternative In case 1t should be held that the crime
was was not complete here. In my opinion it was COM
Judge Hagner having referred to section 5sss, R.
| g., dennlng murder, Mr.. Daytdge remarked: ''That
is the law under which the indictment was
| found"
'Do you admit that7" said Mr. Reed. Mr.. Dav-
Reed .af ySa ADMIT aa gns9
| Is ali want"
MI: corkhln continuing argued that the crime
|
Mr.. Reed interrupting said United States courts,
excepting this, had no jurisdiction over common
law onenceS He remarked that this was
| NOT CONSTITUTIONAL COURT.
''The Constitution said Judge Cartier, "ordains
the exclusive Jurisdiction OF this territory in the
Congress Of the United States with power to make
courts. What is the reason that it is not consu-
tutfOnal them"
Mr.. Reed disclaimed intending to impeach the
eOnstitutOnality OF the court In that sense.
I MI Corkhill, IN discussing the exceptions, when
| had said that Mrs. Scoville swas crazy and not
| him. and that II she was in the insane asylum
place." added ''it seems to be probably true"
( GUITEAU's MORAL CHARACTER
Mr. Corkhtll claimed that testimony objected to
| was clearly admissible, not only under the rule
laid down in Greenleaf. section 81, note 8, but
also for the purpose OF showing moral character In
connection with mental The testimony Of Shaw.
Mr. Corkhill said, as to Guteau'S declaration that
he intended to obtain nOtoriety, even he had to
initiate Wilkes Booth, was certainly admissible to
| show a motive for the crime.
Judge Cartier suggested that I'm such case
the testimony, as 1t was offered in rebuttal,
| went beyond the limits of rebuttal testimony, as
| tt established an original fact
| When Mr.. Corkhin came to refer to the testi-
m0ny OF Mrs Dunmire, he said he would read her
testimony. Mr.. Reed remarked that the parts OBJ
Jected to were quoted in the bill Of exceptions,
which Judge Cox had signed, thereby certifying
to its accuracy
"He signed the book, too," said Judge Cartier
"unfortunately for this court"
"Nobody expects that you are going to read IL
all, your honOrs. I" said Mr.. Reed
Mr.. COrkh1ll said that Judge Cox had ruled that
the prosecution could not ask Mrs Dunmire as to
confidential communications
Mr.. Reed said, II claim that all communications
are sacred"
"An observations to07" asked the Judge.
eyes Sir, want the district attorney to answer
that"
81 shall not answer SO broad proposition" said
the district attorney.
"BeCauSe you can't said Mr.. Reed