Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-08

Rally for the defense, but SNOW a w esk
Cause
WASHINGTON, Jan. Tn the Guiteau case
this morning, Davldge opened the argu-
ments upon the legal points and was followed
with the closest attention. The jury were
told they might be excused for the day, but
all preferred to remain and listen to the argu-
ments. The prisoner assured counsel he
would not ask to take part in the legal argu-
ments to-day, but he should insist upon max
ing any comments he might deem neces-
sary to set them right on either
side as the arguments progressed.
Guiteau pretended to read a letter,
but in reality he followed Davidge with the
closest attention. The few Interruptions he
made were unnoticed by counsel, save when
Guiteau called out:
81 didn't know the difference between right
and wrong. 1 had no choice If 1 had l
would no. have done it." To this Davidge
said: "We vil come to that bye and bye"
The first sensation of the day was caused
by the reading of Judge Davis
New York charge 10, the jury in
the Coleman murder case. Judge Porter
relieved D,vidge and read from newspaper
slips. ScO7ile, with some Impotence, OBJ
iected 10 any more such dramatic efforts on
the part Of Judge Porter intended for effect
upon the iury, and insisted he porter might
as well read q stump speech to the jury; tina
he Porter knew that 1t had no bearing upon
the case.
'.Of course, he knew it, Guiteau shouted,
s'and more than that, the jury decided the
case directly against the charge of the court.
Judge Porter repealed the intimation and in
sisted this farce, which had so long been en-
acted by counsel for the defense, must now
stop. II not rehuked by the court, II would
be by Others.
Judge Cox ended the dispute BY saving the
matter read was undoubtedly authority. It's
commented upon by counsel at
Guiteau again shouted, 81 want
to get this thing before the
jury Everybody knows all about
the Coleman case. The jury gave a verdict
against that charge and this prosecution
know it well.
The effect was electrical, when Davidge in
a most deliberate and earnest manner said,
"Your honor, this man has for three weeks
held up to us as an lmbecile, and now listen
to him. He not only knows the difference be-
tween right and wrong, but he understands
fully the law of the CASE
Guiteau-"That's my case. [ don't pretend
l am insane now. I've got as good
head as you or Porter either. Scoville is
fool, though l repudiated him and his whole
theory OF defense. All want is two hours
before that jury, and can settle this thing all
right"
The sceue was lively one for few min
utes Judge Cox raped for order and soon
Guiteau subsidized and Davidge continued with
out further interruption to the end of his ar
gument.
DAvIDGE's ARGUMENT IN DETAIL.
Davidge opened by reading and then elabor-
ating the prayers of the government which
ask the judge to instruct the jury that if the
prisoner knew at the time of tho shooting
the difference between right and wrong, he
was at that time sane and responsible,
Davldge, with the prayers in his
hands, said in low but distinct tones
and measured language that they consisted:
First, of the above definition of
sanity. Second-Of declaration that if the
between right and wrong, no irresistible pas
sion or impulse, no uncomfortable desire, no
moral depravity, would excuse the act.
Third-A declaration that the standard of in
sanity must be that af law. Fourth-That no
delusion OF ability to distinguish between
right and wrong being present, would excuse
the prisoner.
Davidge thought the prayers Of defense
bearing on the points contained in the prayers
of the prosecution ought not TO be entertained
for a moment. He said that the law drew a
lire of responsibility for crime somewhat
poor defined until judge of England, IN 1913,
at the request of the house Of lords laid
down a legal rule defining responsibility.
This rule was the good old right and wrong
test, the rule of common sense. There were
infinite degrees of intelligence. Think of the
illustriouS victim of this prisoner on the one
hand, and this assassin on the other. The law
drew no line between a low degree of intelli-
gence on one hand, and the highest on the
other. in respect of responsibility for crime.
This prisoner had been portrayed as an i'm
beetle, until he went upon the stand and tore
himself into shreds and atoms. A man might
be peculiar, and might be even partially
insane, but if he rose to q point
of intelligence which enabled him to
know the difference between right and wrong,
and what he wss doing was wrong, then he
was responsible for the wrong
Dayidge then stated five questions on the
subject of insanity had been submitted to the
Judge of England. Three OF these questions
had direct bearing on this case. The first
question was as to the responsibility of
persons for an act when at the time
of committing the act he knew he was acting
contrary to law, but did the act complained of
with the view and under the influence of au
insane delusion of redressing the supposed in
Jury, or of producing some supposed public
benefit, The answer of all the judges except
ing Chief Justice Mol, was they were OF the
opinion that notwithstanding the party accused
did act with view and under the influence of
an insane delusion of redressing some sup
posed injury, or of producing some supposed
public benefit. he was nevertheless punishable
according to the nature of the crime commit
ted if he knew at the time of committing such
crime he was acting contrary to law.
Davidge read one American case after an
other sustaining his position. One was that
of Skipper, who killed a sailor and advanced
periodical mania as defense wheE tired.
Judge Shipley, of the marine court, delivered
the charge in this case, which was similar to
that of Judge Davis. This charge demolished
the irresistible impulse theory.
e'There is plenty of law on the other side of
that ISSUE" said Guiteau, "We'll call your
attention TO them after while. Its all one
sided this morning. All Davidge's cases are
in the federal or New York courts. 1 say it
was Gods act, and that he has taken care of
it, and will take care of it,"
Davidge-''We will come hereafter to the
Deity part of this matter. am not saying a
word about that now"
The Prisoner-"If YOU get the Deity down
on you he will stick TO you all your
days, in this world and in the next.
notify YOU now Won ought to be ashamed of