National Republican. (Washington City (D.C.)) 1872-1888, 1882-05-11
THE oUITEAu BILL OF EXCEPTIONS
ConclusIon OF mr. Reeds ArEument-HIo
Considcrs Fxpcrts Hgumburs

Yesterday morning. before tho Court in Danc
Mr Reed resumed his argument in the Guiteau
appeal case. Mr.. Reed opened by returning to
the question Of the jurisdiction Of the court, and
citing the opinion Of Mr.. Robert Ould and Mr.
Cross in their codfcation Of the laws Of this Dis
trict in the year 1858, but which was never con-
flrmed by Congress. In that work II was provided
for that where blow or injury was inflicted upon
man In onelocallty aud the man died In another,
the offender should bo equally as guilty as though
the man Ind died In the place whore the injury
was given. Mr.. Reed called the attention of the
court to tho fact that Judge Cox stated in his de-
cison on the point that section 73l of the Revised
Statutes did not apply TO this case and only TO
revenue cases. Second, that there was no statute
Of Maryland or act Of Conercss that covered the
case and relieved II of It's difficulty, but he placed
It entirely upon the common law principle: He
differed from Judge Cox that the avcrment OF
THE PLACE OF DEATH WAS MMATBnfAL,
and tho Chief Justice said Every Indictment
for death should aver the place Of death" TAR.
ing up the bill of exceptions Mr.. Reed coniended
that the Court had no right 10 admit the evidence
tending TO show Guieau's life and character from
the time he entered the Oneida Community until
he shot the President. This testimony was ad-
mitted against au earnest protest OF the prisoners
counsel. Dr. Fordyce Baker hnd declared that
certain manifestations oil the pnrt Of Gultoau
| wero vices aud not diseases nntor which The
jury, and no expert, should have deicrmincd on.
Judge Cartier said he thought the ofllce OF an
expert was to give LEANED and enlightened con.
clusion upon predicatcd ihcis. Tho query roisrd
tso exception mere WIS WneInet OllH ColUu usu
the same clnss OF testimony, professional tGstl-
mony, 70 prove The cunning of atane mind. Mr.
Rocu claimed that the experts, when they mud
nGdo an examination could say whether the
man was sane or insnne, but had no right TO soy
Mhethtr certain actions were virtues or vice.,
| That was not the province OF an expert. 10 tell
| the jury such things was erroneous anil coming
from the liTs Of a learntd man had terrible weighi
with them. The eleventh exception Mr.. Reed
| claimed was tho crownirg Injustice inflicted upon
| tn prisoner by allowing mis- divorced wife 70 tes-
Try. llo cited section 81, page lO3, Royist stat;
! MIS-. Dunmre was an incompetent wiIEesS, not,
WihInnding her divorce, ms her testimony related
entirely to occurrences before sho Was divorced.
He rrteTrd TO GrconlcGf OH Evidence On this point
Judge Cartier said that when marriase was
broken up rev state OF aiinits exsttd. Could not
| divorced wife eXpc>s an opinion as to the men
| tai condition OF her husband2
Mr.. Reed insisted that she had 10 right to testify
about what occurred while she was married to the
| defendant.
Could she not" said the Chief. Justice, Testify
| to,an CQlipsc during that timer
| "Yesi' said Mr. Reed, If her husband had moth
ing to do with it, He said
| THIS TESTIMONY or a WOMAN
| who had lived four years with this man must have
a terrible effect OH jury. many Of them married
| men. MIR. Reed then tO,k up the subject Of ex
perts, and said he believed they were the grenest
man wno lies within the Jail, who is sentenced o
lie executed on the 30th OF June, and who can hear
the crenking Of his scaiold in the stiffness OF the
| night, Is the most pronounced lunatic who was
| ever tried in u court Of justice for crime. Mr..
| Reed concluded by calling attention to Judge
| Coxs errors in charging the jury especially Rs to
| Tie question OF insanity. AZ Haf.past one, Mr..
| Reed having flushed the court vas adjourned
until ten o'clock to-day, when tic counsel for the
Government will address the court