The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1882-01-13

1xuBrY-sEyENrH DAY.

Guiteau opened court by announcing that he
had many New-Yesr callers, none Of whom
wanted hin hanged. and all OF whom believed
he would be acquitted.
DIR. Gray took tho stand, aud Scoville re-
sumed the cross-examinatlon. Witness had not.
in giving his opinion on the direct examination
that the prisoner was sane, taken into account
the evidence Of the prisoner himself, but taking
that element into consideration his opinion
would still be the sane-that the prisoner is
sane, and was sane on the ID OF July.
Witness did not believe in what is termed by
some writer's g emotional insanity" or "moral
insanity" "Keptomania, he considered
simply thieving "dipsomania," drunkenness,
and "pysomania, mcendiArism. These desig-
nations were simply convenient terms which
had been invented to cover certain crimes.
% Insanity" said the witness, sis never trans
mitted any more than cancer"
Scoville desired to put In evidence certain
tabulated statements from the annual reports
Of witness. From these it appeared that Of
| fiity-four cases OF homicides by insane people,
seven were 10y persons acting under an insane
delusion OF divine authority for their acts At
the request Of the District Attorney witness
described briefly these eases and added "eaeh
case was one OF marked insanity, independent
OF the homicidal act" ----.--
| DR.. Gray was asked few more questions by
Scovile, when the District Attorney announced
| OF the Government
| DIR. Bowker, OF Kansas City, was called by
| Scoville. The witness met Mrs. Dunmire at
Leadville, Col, and conversed with her. She
said "she had entertained grave doubts as to
| the mental condition of Guteau at the time she
| obtained her divorce, aud thought at the time
she had better defer the divorce proceedings
| and await some further developments in the
mental condition Of her husband"
Clark Mills the sculptor was called for the
purpose of identifying the plaster cast of
Guiteau's head. At the first question, "Did
| you make plaster cast Of the prisoners
head?" Davidge objected TO any reopening Of
the question of insanity such az would be in
volved by the Identification OF the cast by this
witness. The question OF insanity had been
gone over direct and in rebuttal. The prose-
cution had already admitted the genuineness
| of the cast. That was all that could be asked
| by the defense.
After further arguments, the court ruled
against Scovile, and the witness was with
drawn.
The prisoner undertook TO read a letter, as
he claimed, from an old friend Of President
Garfield in Ohio, showing that public opinion
was making in his favor.
Judge Cox ordered him to be silent.
Guiteau-"It shows the state Of public opin-
| ion outside of this court ROOM"
| Judge Cox-"Be silent. Public opinion ha
nothing to do with this CASE"
Guiteau" When speak, speak to 90 00O,-
600 people, not to this little crowd in this
| courtroom
Marshal Henry (rising and moving toward
| the dock Keep quiet, sir.
Guiteau-Tve got through.
The Marshal whispered some instructions to
| the bailiff sitting in the dock. A moment later
| the prisoner started upon another harsngue,
| and the balliff pat his hand upon his shoulder
and attempted to quiet him.
Guiteau-" Get away from me or I'll slap
you in tho mouth"
With this outburst he subsidized, however,
and turned his attention TO writing auto
graphs
Scovle again brought up the question Of
| introducing new Witnesses and, after argu-
| MT an agreement was made that the defense
submit motion IN writing tomorrow, giving
| the names OF Witnesses and the facts TO be
testified to, and supported by affidavit, giving
the reason why such witnesses were not intro
duced before.
THIRTY EIGHTH DAY.
Scoville counsel for the defense offered q
motion for the admission of further evidence
to prove the insanity of the prisoner.
DIR. Mcfarland, of Illinois, was to prove from
what he had read in the papers that Guiteau
was insane, and some Government detectives
were to testify to the same from interviews held
with him soon after the assassination. Other
| witnesses would declare that he had acted in q
crazy manner a few days before he committed
the crime, and DIR. Beard, of New York, was
| ready TO swear that the assassin was crazy.
| After good deal of discussion on the part Of
Scoville, Corkhill and Davidge, Judge Cox
ruled against the admission of evidence of in
| sanity in sur-rebuttal. j. j. Brooks Chief of
the Treasury Secret Service, was then called as
a witness, and gave the details Of an interview
| with the prisoner on the night of the shooting
The prosecution then submitted to the court
the points for the instruction of the jury.
During the reading of them Judge Davidge
was frequently interrupted by the assassin.
| They are as follows:
1. The legal test Of responsibility, where insan-
ty is set up defense for alleged crime, is
whether the accused at the time of committing the
| act alleged, knew the difference between right and
wrong in respect TO such act hence, In the present
case If the accused at the time of committing the
act charged knew the difference between right and
wrong in respect Of such act; that Is, II he knew
what he doing and that what he doing was
contrary to the law of the land he is responsible.
Gulteau-"I didn't because my free agency
was destroyed"
2. If the accused knew what he was doing and
that what he was doing was contrary 10 the law OF
the land, IL constitutes defense, even If IL were
true that when he committed the act he really be
| heved he was thereby producing public benefit or
carrying out an inspiration of divine origin APP
proval, such belief would not afford excuse,
would such excuse be afforded by the fact that in the
commission of the act he was impeled by depraved
moral sense, whether innate or acquired, by evf
passion or indifference to moral obligation.
Guiteau-" All OF which is false"
3. insanity would, however, constitute defense
IL by of the disease accused, at the time OF
committing the act cha rRed, did not know what hs
was doing, or IL he did know 1t, that what he was
doing contrary TO law.
Guiteau-"I had no choice in the matter"
4. The only evidence in the present tending
TO show irresistible impulse to commit the homi
eide is the claim of the accused Chat his free agency
destroyed by his alleged conviction that tn,
death of the President required for the good OF
the American people and was divinely inspired; bat
such conviction, even II IL really existed, could no.
afford any excuse when the party knew what he was
doing and that 1t was contrary to law-no more de
fusion error of judgment, not even fixed belief
that what is prohibited by law is commanded ap-
proved by divine authority
Guiteau-" Gods law il higher than mans
law
can exempt the accused from responsibility fol
breaking the law. To have such an effect the COM
mission of the act charged must have been the result
Of an insane deusion which the product Of dis
ease, and such force to deprive the accused Of
degree of reason necessary 20 distinguish between
right and wrong in respect of the act, that at the
time Of committing the not he either did not know
what he was doing, or If he did, that the act was
mr. IN IA Law If nd