The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-01-10
GUITEAU.
Continuation of the Law Argu-
meptS.
CoRKHILL ON JURISDICTION, AND
SCOVILLE AND DAVIDGE
ON INSANITY.

N.
diminution of public ainterest when the court
opened the 9th week of the Guiteau trial this
morning. AS usual crowd filed every nook
of the chilly room and ladies were decidedly
in the majority The prisoner arrived at $50
and was taken to his waiting room. He ap-
peared rather nervous and his countenance in
dictated anxiety,
The court was called to order at 1905 and
few minutes later the prisoner was led in and
placed in the dock. Proceedings were opened
by the prisoner, who expressed ms oesir e 70
say few words about his mail. II have" he
said, ''about seven or eight hundred letters
that expect to examine as soon as l have
time A good many are from ladies expressing
sympathy and praying that may 90 acquitted
desire to thank the ladies of America for
their sympathy Saturday received a check
for 81, 900 from Stalwarts of Brooklyn; also
one for $500 from Stalwarts OF New York.
desire to call on other Stalwarts to show their
hands and checks. (Angrily to the bailiffs),
keep quiet and mind your business. Don't IN
terfere with me when / am speaking"
Scoville resumed his argument in support OF
the prayers for the defence, taking it up at the
point where he left off Saturday. AS to the
point of insanity being the ability to- distin-
guish between right and wrong, he believed it
was not possible to produce late case in Eng
land or America involving the point OF irresis-
tible impulse, in which the courts had sustain
ed purely without qualification the positions OF
the English judges laid down in the House of
the charge of Judge Davis in the Coleman case
he said that while the opinions of judges are
entitled to weight in matters properly before
them, yet in matters not properly before them
they were mere obite" dictd, and entitled to no
more authority than the opinions OF any other
lawyer.
Scoville proceeded without interruption for
an honr and his remarks were listened to with
attention. He laid strength upon the PROPOSE
lions that insane men often knew the differ
ence between right and wrong, and for that
reason concealed their plans,
Scoville's remark that Judge Davis went
out of his way 80 pass upon something not in
volved in the case, brought Judge Porter to
his feet with the indignant reply that the
charge was false.
Scoville retorted that the opinion of a man
who sat on the same bench with Barnard and
Cardozo should not be received with much
consideration.
Porter, with even more vehemence, retrerat-
ed that the charge of counsel was absolutely
false, that Judge Davis never sat on the bench
with either of the gentlemen named. IF the
honorable member of the federal judiciary is
to be put upon trial here, l demand" said
Judge Porter, "that the record be produced
here upon which this base charge is made"
Scoville insisted that when the style of pro-
ceedings best suited to a police court were in
troduced here by the prosecution, he should
comment upon them as he deemed fitting. He
should not be frightened by the tragic utteran-
l.
notes years ago from the owls at night in the
woods of Ohio.
Guiteau laughed and called out sneeringly,
s'that's very fine speech, Mr.. Porter"
Davidge asserted that not five minutes had
been devoted to the proper scope OF the argu-
ment, and the court warned the counsel that
they must abstain from personalities.
Scoville concluded his argument at - O'Clock
and in conclusion desired to make a few re-
MARKS of personal character. Abiding to his
TxrAn or ,a6
any intention of transgressing the bounds of
propriety or the rules OF practice; but he
should criticse the conduct of the counsel
when it merited criticism, and the threats of
the prosecution would not intimidate him.
Citing the custom of the counsel upon the 9TH
er side of bowling to the jury upon entering,
Scoville said, Sometimes it is three bows all
around, sometimes more, never less than three.
1t has never been done by the counsel upon
this side. and l do not hesitate to criticise the
propriety of it..
Judge Porter-The gentleman is simply in
stancing his lack of politeness. If he has no
apology to offer, I shall certainly not apologize
for him.
After recess, Corkhill stated that he had not
expected to speak on the legal points, relying
upon the assurance of the defence that the
question of jurisdiction would not be raised,
but as the last two of the prayers of the defense
distinctly made that issue he felt it to be his
duty as prosecuting officer of the government
10 aQOreSS Lilo court UPON u QutSblOu W WuiCu
he had devoted much careful consideration.
He then proceeded to read from printed slips
on exhaustive argument upon the subject OF
jurisdiction. The argument of the District-At-
torney occupied the attention of the court for
one hour. Davidge then addressed the court
upon the general propositions contained in the
prayer. II do not deem it necessary" he be-
gan, &C to advert to the question of Jurisdiction
at this time" A very wise decision" piped in
the prisoner. Davidge then discussed the
question of malice, which he said in its legal
sense meant intentional doing OF wrongful
act and not as the defence seemed to claim. In
this respect he thought they had fallen into
grave error. Davidge discussed seridtina the
prayers OF the defence and pointed out s'their
sophistries and inconsistencies The object OF
the prosecution, he said, sis to obtain from
your honor plain, clear and direct ruling up
on four distinct propositions. The apparent
object of the defence has been to befog all tn 1T
may be clear in this case in the vain hope that
they may get to the jury with some uncertainty
attached in some way to the case on which to
build up plea for acquital. Why, your, hon
or, in the course of thirty years practice,
have never seen such prayer as this one off
cred by the defeuce. 1t has no justification, it
has no excuse. We don't want obscurity in
this matter. we want light. We don't mean to
to let this prisoner escape in cloud, but we
want from your honor clear and perspicuous
ruling so that twelve average men, sitting up
on the jury, cannot possibly 60 astray." Dav-
idge severely handled the eleventh and
twelfth prayers of the defence and character
lied them as mean attempts to cast aspersions
upon experts who testified for the prosecution
and upon counsel for the prosecution them
selves.
The prisoner followed the argument with
the closest attention and INDUCED in frequent
and noisy comments.
Davidge concluded his argument at 5 min
utes to g. The court then adjourned until to-
morrow morning.
Judge Porter will makethe concluding argu-
ment Immediately upon the opening Of the
court, after which Judge Cox will render his
decision.
Practical Jokes on Guiteau.
Scoville says the drafts received by Guiteau
Saturday were worthless and we're sent by some
practical joker. 1t is not the first time during
the trial such thing has occurred. Scoville
himself has had worthless checks sent to him,
one for $4,000.
VIZ SHTNETOM