The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-05-11
La r,ehair Of GuIteau.
oLoNEL REEDS OPENING ARduhsST bhSohi

TIE COURT IN BANG.
W.smxcrov, May o.-The arguments on
cu,tea,,,s hill OF exceptions were begun
tbis morning before the Judges OF ,lie Hu
yrerna Court Of the District OF Coiumbia'
s;tt;ne In banc. Justice Cartier presiding,
md Justices Macarthur, Hagner, ana
lanes, Colonel Reed, the sole counsei Oh
Cm;,ea,,. opened for the defendant. Messrs.
Corkhill and Dayidge will follow. ana MT.
peed will have the last word. Inc court
room was filed with spectators, Dut uui-
teau was not present. s,.u,.
Mr. Reed passed at once to discussion
of the question Of jurisdiction OF the court
below. arguing that the crime was not in-
dictahje In this District because the offence
was not completed here, the mortal stroke
having been given here, while the death
occurred in New Jersey. Chief-Justice
Cartier interrupted at one point to suggest
that. while murder was the killing OF a per-
con and the crime could not be defined rs
murder until the death occurred, yet the
act OF felony was completed when the MUIR
derer had finished with his victim. Mr..
Reed, nothing daunted by the Interrupt
tion. proceeded to discuss the vari-
ous authorities upon the subject OF
Jurisdiction, reading from his printed
brief. He admitted that Guiteau might
be indicted, and, II found to be sane,
convicted in this District OF assault with
intent to kill, but held that he could
not be tried for murder. Quoting from q
decision Of the Supreme Court OF the State
az Massachusetts, "the crime not being
murder or manslaughter before the death,
an indictment alleging the stroke at one
day and place is good II II alleges the muir
der or manslaughter to have been at the
time and place of the death, but bad III III
alleges that the defendant killed and muir
dered the deceased at the day and place at
which the stroke was given, for, in the
words Of Lord Coke, though to some pur-
pose the death has relation to the blow, yet
this relation being fiction in the law.
maketh not the felony to be then COM
mitted.'"
Judge Cartier / should say the relation
Of the bullet to the death was hard fact
not a fiction.
Colonel Reed, resumlng his argument,
said These are very respectable courts,
and their decisions are entitled to some
weight.
Judge Cartier Only so far as they are
founded upon logic. Why not quote them
as dogmatism and not undertake to defend
the reason for them?
Colonel Reed: Well, your Honor, | cam
not see on what ground YOU accept them.
Take them as dogmatic, il you choose, but
take them as the law. l do not hold your
Honor responsible for the law. III the law
is at fault, let Congress rectify 1t, just as
Parliament did-iust as twenty-siX States
of this Union have done.
Judge Cartier: What do you complain
that Congress has not doney
Colonel Reed: say that Congress has
not provided the mode OF punishment in
Just such cases as these.
Judge Cartier: Then your defendant can
not be punished?
Colonel Reed: Ii such is the law, then |
am satisfied. / am not responsible FOR the
law; am only giving the law as it is.
Judge Cartier laughing: ] notice your
law grows stronger as your argument APP
proaches the twilight. When you get back
TO Coke it is strongest.
The final point discussed by counsel
from his brief was that the sentence OF
death is void because the day fixed for the
execution OF the sentence is not authorized
by law, arguing that under a proper con-
struction of the statutes OF the District OF
Columbia the date of execution should
have been fixed on some day within thirty
DAYS after the fourth Monday OF October,
1882. Mr.. Reed will conclude tomorrow.