The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1882-01-19
Guiteau,s Trial.

of the rule of legal insanity as laid down By
the judges of the English bench in reply to in
terrogatories from the house Of lords. That
rule, he contended, had been adhered to in
England and in this country ever since. 1t re.
quired the defense to show that the accused
person was unable to distinguish between
right and wrong, in order to establish his In
sanity. Mr. Reed replied FOR the defense, ar
guing in support of the doctrine that irrespon-
sibility may be inferred from the existence
of insanity, and that the jury should
be instructed to acqult upon reason
able doubt OF the sanity of the prisoner
Guiteau frequently interrupted Mr.. Davidges
remarks, and when the latter cited Judge
Davis charge III the Coleman case, In New
York, he shouted that the jury. in that case re-
turned a verdi = against the charge. He was
very abusive, and he announced that he would
settle the question by q two hours speech ~
the jury. The jury we're present during Mr..
Dayidge's argument, but were absent during
the afternoon, when the counsel for the defense
were speaking. Mr.. Scoville, who followed
Mr. Reed, commented upon this iaos with
some bitterness, and there was sharp
oolloquy between counsel IN regard TO II.
During the day Guiteaus Interruptions were
frequent, and he interrupted counsel for the
prosecution with; ~ don't pretend to be any
more insane than you are. Transitory m3nia
ID all claim" and he ran on in this way until
Judge Porter's patience was exhausted. Your
honor" said he, bitterly, "has heard the prls-
oner long enough. l ask your honor now TO
hear the late Justice Curtis Of the supreme
court of the United States" Guiteau worked
himself up into rage here. God will cuse
you prosecuting men," said he; ''you are try
ing to get little lucre." From this point on
his Interruptions were constant and annnving.
There was no apparent diminution OF public
interest when the court opened its ninth week
and forty.firs day of thu Guiteau trial. AS
usual the crowd filled every nook of the chilly
room and the ladies were decidedly in the ma
jority. The prisoner arrived at the court
house about half-past 0, and was taken to his
waiting room. Ho appeared rather nervous
and his countenancs indicated anxiety. When
he had taken his seat in the dock he glanced
| around stealthily over the audience and imme-
diately began harangue, evidently intended
| for tho jury. 81 have received" he said,
| "some 500 letters, great majority OF them
from ladies. W hen 1 get time shall attend
| TO them. want to send my greetings to the
ladies Of America and thank them for their sym
pathy. They don't want me to be hanged. Public
| opinion is fast changing 1received Saturdaya
check for S 900 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 bailiH here
| tried to silence him. when he turned upon him
| in the most vicious manner and snarled out !:
"You keep quiet and mind your business.
| Don't interfere with me when am talking. II
you had any sense you would understand Sour
|
ment for the defense. He objected TO tho
citation of the opinion on insanity expressed
| by Judge Davis in the Coleman case in New
York city, which he attributed to desire on
Judge Davis part to pander to repreLensihl9
| feeling of revenge against Guiteau, which LED
| him to travel out of the record. This led to q
dispute between Mr.. Porter and Mr. Scoville.
in which the prisoner joined. Guitcau
said the Coleman case was not at al para lei
to his case. Tho question Of jurisdiction
having been touched upon by the defense,
District Attorney CorBhill delivered an argl-
ment on that subject, and Mr.. Davidge
followed for the prosecution with review OF
the law points. The lawyers were not in good
| humor, and once Judge Cox had to stop per-
sonal dispute between them. Mr.. Scoville
found fault because the counsel for the prose-
cution bowed to the jury every day, and he In
| timated that it was intended to have an i'm
proper effect upon them. On the previous day
| Mr.. Scoville complained because the jury, after
listening to the legal arguments for the prose-
cution, were allowed to go out as soon as the
arguments for the defense were begun. On
the forty y-first day, however, this was reversed,
tho jury listening to Mr.. Scoville's argument
during the morning hours, and quitting court
in the afternoon when Colonel Corkhill and Mr..
Davidge spoke
Judge Porter concluded the argument for the
prosecution upon the law points un the forty
second day Of the trial. He took occasion, in
closing the legal argument for the prosecution.
to strike back at Mr.. Scoville, who had ex-
cited laughter by initiating and ridiculing Mr.
Porter's style OF talking. Judge Porter called
Guiteau Scoville's pupil, and several times
turned stinginSly upon the prisoner for his in
teTuptions. Guiieau interrupted Judge Porter
frequently. He said that he was ready to sGtTel
the consequences of his act, adding 81 thinh
the Lord has got it fixed 30 that the conse
quences will not be very serious" Judge Cox
then rendered his decisions in the various
prayers of the prosecution and the defense. He
| decided that the jurisdiction of the court wa,
complete. On the question of tho prisoner
responsibility he said the legal test wa'
whether ut the time he committed the deed ht
knew tho difference between right and WI on.
in respect to that particular act He pointet
out the sort of delusion that would relieve H.,
prisoner Of responsibility. II muat be a,
insane mental delusion,. which was not th'
| result of his own reasoning, but which tool
possession OF his mind Independently OF nj
will and reason, and deprived him OF th
ability to distinguish between right ant
wrong an to that particular act. On the ques
tion whether the prisoner should have the bene
tiG of reasonable doubt in the minds of tn
jurors as to his sanity, Judge Cox said he wolll'
not instruct the jury to acquit if they felt rea
sonable doubt about any one fact in Issue, bu
/ lie would explain to them the legal prasump
, tions OF innocence and Of sanity, and instruc
them that il, on the whole evidence and il
consideration of both these presumptions the.
5 had reasonable doubt OF his guilt, he is Ell
titled to be acqUittet. GuiteHu once or twic
3 during the delivery of the decision expresse,
himself gratihed with what the Judge said, an,
at the end he exclaimed I am satisfied wit
the law as laid down by your honor"
The first speech 20 the jury was made on tn
forty-third day of the trial by Mr.. Davdge, c
3 counsel for the prosecution. Mr.. Davidge re
viewed the evidence, ridiculed the notion tha
Guiteau was or is insane, and won the approve
: ! of the Italian trageiian Rossi, who was
l spectator, by his quotations from Shakespeare
! Guiteau followed him closely, interrupted hin
q frequently, and reiterated the assertion that
has never claimed to be insane since July
MIR. Davidge argued that the assassins SAINT
Was proved by the consideration no shove
for Mrs. Garfield when he refrained frol
shooting her husband at her side, by th
manner Of his preparing for the deed, by III
7 way he executed it, and by the measures
: took to secure his own safety, first from III
mob and then from justice, by interposln
: the plea of insanity. There was an eXcitin
= scene at tho close Of the session, when III
l lawyers were debating the question whetht
: the prisoner shall be permitted to address Il
r jury Guiteau insisted upon his right TO d
y 80, and declared he would not trust the be-
man in America to- close his case for hin
. Judge Cox said he had no objection to Il
q prisoner. making a speech, provided he wo1l
q confne it TO argument on the facts and ev
q dence. District Attorney Corkhill assertt
4 that the prisoner had no right to spea
and strenuously objected to his beil
q permitted to leave the dock. There WI
tilt between the lawyers on this SUI
ject, and everybody got excited. Cutie;
Q tended making: '"rhe American people W
n | 70 al ba Snaaoh and tlipv are GREATER than III