The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-01-17
SCOYILLE SOATTERS
IN pIsoHAReINa AIs LoAo oF sAoT
On tAs HOrtlasd Position Of Tie ProasatlOa Hs
Nan" OppOslnr Counsel as COnIplratOn
Plotting TO Hahg Gultslu-rhs Pie.
ME In Store for Porter To-day.


address to the jury by coniessins his IN
familiarity with the modes Of practice ii
criminal cases. All the defence asked fol
was fair, candid, impartial weighing o.
the evidence by fair and candid men. The
counsel would attempt no oratory because
he was not equal to II, and because he
would not do itif he could. He would adj
dress himself simply to the reason, iudg'
ment and intellect Of the jury. oratory,
eloquence and appeals to passions lie
would leave for the counsel who would
follow him, Judge Porter, and he desired
TO warn them that in the efforts OF the
learned counsel Judge Porter to expound
law or explain evidence, he would in.
variably seek TO influence them through
their emotions to touch their hearts and
sway their Sympathies rather than TO con.
vince the judgments.
~ do not care to complain, although /
do not think as counsel in conducting this
case ! have been treated with fairness
Personally care nothing for 1t, but when
it injuries the cause in which my efforts arc
established, then l must complain. hold
in my hand IN indictment for conspiracy,
which l have framed in my mind, and the
object OF this conspiracy was to hang the
prisoner" Scoville proceeded 10 name the
conspirators, the District Attorney, judge
Porter, Mr.. Davidge and FIVE OF the Gov
ernment experts, namely Drs. Gray, Ham.
ilton, Kempster, Mcdonald and Woster.
The counts Of this indictment, twenty in
number, aie first, they have perverted ne
1auy Il, Ait amen GaaI,tlIa s,,
the support Of this count, alluded TO the
introduction by Judge Porter Of the de-
cision Of Judge Davies. He said: Counsel
on the other side Indignantly repudiated
the suggestion that Judge Davies sat with
Cardoza or Barnard, but haveyet to learn
il either OF them ever committed more
reprehensible act than that OF Judge
Davies" Scoville warmed up with the sub
iect, and denounced in severe language the
extra judicial act Of Judge Davies. "Had
newspaper been guilty Of such bold.
faced attempt to influence the decision in
pending cause the editor would have
been subject to arrest for contempt"
Judge Porter-Dont let us turn this court
room into town meeting.
Scoville resumed, but was soon inter
rupted by Davidge, who, with some i'm
patience, said: "Oh, no. No, Scoville; that's
not So"
Scoville-You may interrupt as much as
you please; I shall not be deferred from
saying Just what believe to be the truth.
Davidge-Well, well; I'll not interrupt
you again, say what you may.
Guiteau-Thats right, Judge. You talked
for two days, and didn't say anything
either. Now give some one else show.
Scoville continued: When Judge Porter
comes before this jury and undertakes TO
pervert evidence, / shall not keep quiet as
l did with Davidge; but l shall stop him.
Guiteau-So shall /.
Scoville-I shall stop him and shall
correct him, il find he is misstating the
evidence.
Guiteau-Never mind; I'll attend TO him.
Judge Porter-There will be two Guitequs
then to attend to me.
The prosecution states that il the prison.
er knew the act was wrong on the second
OF July, then he should hang Now,
this is not by any means the whole Of it, or
correct statement Of the law. The court
added in substance, as follows: "Yet, II in
this act he was overpowered by the con.
sciousness coming through his diseased
mind that what he was doing was necessary
for the good of the country, and was
specially approved by God. then you can't
convict him OF MURDER"
Continuing Scoville said: The second
countin theindictmenti is perverSion oftesti.
mony. And he proceeded to sustain this
count by reading from Davidge's speech
and comparing it with the testimony.
|
Guiteau. "He is paid for that He don't
believe it."
Scoville continued that the facts were
perverted, particularly the evidence as to
the immortality Of the prisoner. The only
allegation that will hold against him is that
OF adultery.
GuiteaI shouted out allow many in.
nocent people are there here in this court
room? ?" And he added: "Not one" A
moment later he called out: ~ dont't care to
libel Christian people, but Iwant the record
straight. l say high toned Christian men
and women are virtuous, but the mass OF
mankind are not. Let that go on record" !"
As Scoyille paused. Guitelu raised n
laugh by calling out: Saint that a pretty
good place to stop, Scoville. Itsmost half
past u. Let's have recess"
A recess was taken for thirty minutes.
Porter stated he woHld be unable, owing
to the condition OF his health, to remain
this afternoon, but he desired Scoville not
to abstain for that reason from saying any
thing he desired to say.
After recess Scoville proceeded to point
out to the jury what he termed perversions
Of evidence by Davidge. Judge Porter's
seat was vacant, while the District At
torney indicated by his appearance that ne
mated that he desired to criticise the con-
duct Of the District Attorney as the chief
partner in this wicked conspiracy las
alleged by him) to hang the prisoner, but
would not do so in his absence, as he yas
not in the habit Of saying things behind
ones back. Colonel Corkhill was sent ior
by brother counsel and he reluctantly
came into court, abandoning the rest he
was seeking ~ have not, he said, "the
slightest interest in anything he may saw
against me, however, will come in and
give him an opportunity to abuse me-"
Scoville dwelt ut great length upon what
Davidge deemed an immaterial matter, and
the latter remarked on "The disposition Of
the counsel to consume time needlessly,' y
Scoville retorted that he did not propose
to have the matter OF facts which were CON.
tanned in the record go before the Jury vii.
fully perverted or enveloped in artificial
obscurity.
Guiteau-That's right stand by the
record. Davidge had better read nv
speech. 1t is published in all the LEADING
papers Of America this morning and takes
up whole page.
Scoville attacked the theory Of the prose
cution that it was the prisoners own innate
or acquired depravity that naturally led ur
to the killing Of the President, and dis
cussed at some length the evidence intro
duced by them to show instances Of thI
| prisoners meanness and deprayity. 'tThi
I evidence said Scoville, Hhas in almos
: every instance been perverted" He theI
: alluded to the evidence relating to the pris
: oner obtaining money from Rev. DR.. Nc
! Arthur and giving his note for 1t.
: 6liteau observed: III Macarthur will sen,
o his note down I'll cash il now.n