The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-01-09
"TRANSIT0RY MANIA"
THE AssAssINs oERNIER RESORT
DAyldgO Present. the Prayers Of tho Prosecution
The Assassin Qulstsr Than rsual-RSsdi
ArspmSHtS fn Behalf Of the TnStrue.
tIOns Asked for BY the Defense.

remain and listen 10 the arguments.
Tho nrisonnr oss,,rod tho eonnsol tbo, h
Aue lEl'oner "ssuleu 'ile coulisel 'il"t III
would not ask to take part Gin the legal ar
ghmehls To-Day, bnt he shonlu insist nnpol
making any comments he might deen
necessary 70 SCI them n gtt on elther SIDE
AS IAe argument progressed d1iteai pre-
te5ded R t9feada tettef, bat IN realty follow
gu DaVluge WIN tne closest auehtioh' IN
rev interruptions nc made were unnoticeC
~ Sounsei, save w9en 1ulteau callea out
9luh ! know the dllerence between righ
anu wrong; hau no GhoIceIli mud
wo9lu h2E @ naye done II. 10 thls paVidg!
said: we viii come TO that by and bye
Ahe ne iltsI seiIsati9n on 9i tIle uIy was CAUSED
Dy tne Ieaqlhg Oh Judge DAVIS New y orS
charge 70 Tue Jury III the coleman mutde
calse' 'uuSe iCTteF FciieVeu DaHiuSe Ant
reAu rom newspaper silps; ScoNlIe, VIII
SONIC lmpat!ehce, oblected 10 any more
Sucn uFalilat'G euorts on tue part OF J9dg'
rofser, Lntehdcd Lor effect upon the Jury
anu anu, Insisted tlat ne forterl might as wei
reao stump speech TO the Jury; that III
Porter knew that it had no bearing upor
thS es'se. .,.. 4,
,,'; " couIsg ne knew y, Huiteau shouted
anu more inen tLlat, the Jury decided thu
EIse uiFecuy against the charHe oil TIT
court
Juuge totter repelled tne lntlm9tlon and
,hs'steu that tnis i9rce willch had so long
peeh enacted ny the coahse' lGF Tue De
teuse must now sop IL not reDuKeu by
thG O0urt II would pc by others.
Judge COX ended the dispute by saying
lLlul Tue tIillLeF feuu WIS luuOuDteUtV utIs
thoIlty, anu ls applicability 10 TINS case
cou1u De commented upon by counsel d
the proper nmc.
AS pav1uge resumed Gulteau. again
shouted' want TO get tins thing right be
!ore tie jury. Every one knows all about
tllat Coleman murder case. The Jury gave
verdict against that charge, and this pros
ecu1ioh know It WELL"
Inc eject was electrical when Davidgt
"a "a the most elaborate manner said: "foul
honor, thls man was Tor three weeks helC
up 10 us us an lm6lecile, and now listen Il
nlnl' ne hoI only knows right IRON wrong
Out ne understands fully the law OF the
case"
Guiteau-"Transitory mania, that's my
case. don't pretend that I'm insane
now. have got MS good head us you OF
Porter either. ScovilIe is fool, though.
re- udlate him and his whole theory o
defense. AL | want IS two hours beiort
that Jury and can set this thing all right.
The scene was lively one for few min
utes. Judge Cox raped for order, aud Il.
soon as Guiteau sRbsided Davidge contin
ued without further Interruptions to the
end Of his argument.
Judge Davidge opened by reading, anG
then celebrating the prayers OF the Gov
ernment, which asked the Judge to in
struct the jury that il the prisoner knew n
the time OF the shooting the difference be
tween right and wrong he was at the tim(
sane and responsible. Davidge, with the
prayers in his hand, said, in low but dis.
tinct tones and measured language, that
they consisted, first, Of the above definition
OF sanity, second, of the declaration that
il the prisoner possessed ability to so dis.
tinguisit between right and wrong, no ire.
sistible passion or impulse, no uncontrolla'
bic desire, no moral depravity, would ex'
cuse his act; third, declaration that the
standard OF insanity must be that Of law;
ana iourtn, that no, delusion or ability to
distinguish between right and wrong be.
ing present would excuse the prisoner
Davldge thought the prayers of the defense
bearing on these points and contained in
the prayers OF the prosecution ought moi
TO be entertained for n moment lie said
that the law drew Il line OF responsibility
lor crime somewhere. 1t had been lily
nehned unit! the judges OF England, ir
i543 at the request OF the House
OF Lords, laid down II rule de
hnlng the responsibility. This rule wAs
good Old rule OF right and wrong-the
rule OF common sense. There were inf
mite degrees Of intelligence. Think OF the
illustrlous victim ol this prisoner on ont
hand and this assassin on the other. The
law drew no line between the lowest de
gree OF intelligence on the one hand and
the highest on the other in respect for re
sponsiblIlty Tor crime. This prisoner had
been portrayed MS an imbeCile until he
went upon the stand and tore himself into
shreds and atoms. A man might be peCu
liar aRd might even be partially insane
but il he rose to point of intelligence
which enabled him to know the difference
between right and wrong, and that he wa!
wrong then, he was responsible for tha
wrong.
Mr Bavtdge then stated that in the
Magnatum case five questions on the sub
ject OF insanity had been submitted to the
Judges OF England. Three OF those Ques
tons had direct bearing on this case
The first question was rs to the response
bility Of IL person for an act when at thu
time OF committing the act he Knew hi
was acting contrary to law, but did the &C
complained OF with a view under the inau
ence OF an insane delusion Of redressing
supposed, wrong or OF producing some sup
posed public benefit. The answer OF al
| the Judges, excepting Chief Justice Null
was that they were OF the opinion that not
withstanding the party accused did nc
with q view under the influence Of an in
sane delusion Of redressing some supposct
injury, or Of producingsome supposed pub
lie benefit, he was nevertheless punishable
according to the nature Of the crime com
mitted, II he knew at the time OF com
hitting such crime he was acting contrar,
to law.
Mr. Davidpa read one American, car,