Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-04
THE GREAT MURDER TRIAL.
IT IS DRAWING TO A CLOSE.
THE TESTIMONY ALL IN.
PRAYERS OF THE PROSECUTION.


There was packed house in the court room
when Judge Cox came in this morning. The
room was filled half an hour before the court was
called to order. Mr. Scovle and MIR. Reed were
as usual the first OF the counsel to appear on the
ground. Mrs. ScOville appeared in her old seat at
the counsel table, which she left some days ago.
Drs. Gray and Kempster were the only members
OF the expert corps in their Places the others hav
ing left the city.
GUITEAUS PROMISE TO KEEP QUIET
AS soon as court opened Mr.. Scoville, going to
the clerks desk with paper in his hand, sub
scribed to it. Guiteau, taking advantage of the
silence said: sit is good time to make speech,
but promised the marshal would keep quiet to-
day. Iguess I'll try and do it'
MIR. ScOyille's Affidavit.
Mr.. Scov1lle, returning to his seat, said he had
prepared the affidavit which he spoke about yes
terday. He then read the following:
United States Of America, District of Columbia.
IN, ne Supre'ne Court, orhhe District Of Columbia,
hOtdlng a criminal term.
The United States VS.. Charles j. Guiteau. Case
NO. 14,O56. Indictment for murder
Geo Scov1lle, being duly sworn, deposes that he
was sole counsel for the defendant in this case in
preparation for trial thereof, to summonng wit
neSSeS, and obtaining evidence On behalf OF the
defence; that upon the issue OF insanity raised
IN this case the defendant himself has not been in
mental condition to afford any aid to
1his tIi.s afliant in obtaining the names of
witness es, or In giving him any Information
as TO evidence material for the defence:
that since the case for the defence was closed to
VIII, since the 18th day OF December, A. ID. 1881
tnlS afant has learned OF the existence and names
OF certain material witnesses for the defendant
upon the issue OF insanity and whose testimony it
Is very important on behalf of the defence should
be given in this case; that such additional evil
dence is material for the most part in view of the
fact that it relates to the condition of mind of the
prisoner at times nearer the date OF commission OF
in, flnv CfN,
evidence produced for the defence, and
goes to show his insanity at that date
Sanee ETsafsf Wha ne heraRy RHowee dag any sS S
af1iant up to the time this case was announced
closed for the defence That the names of the
Gently come to the knowledge of this affiant, as
aforesaid, are T. BragdOn, Marshall Green,
James Brooks, M Thomas Rathbone, Katie Collins,
MacFarland. That this affiant is advised and be-
lieVes it to be true that he can approve by said
Bragdon, Green, Katie Collins and Edward AUSTIN
that they and each OF them frequently saw the
defendant in the park opposite the White House
curing the ss1 latter part no Of the month Of June
and strange conduct. showing every indication
of insanity, SO much SO that said witnesses were
convinced that he was of unsound
tween them That afflant expects to
prove by said Brooks and Rathbone, that they
had an interview with the prisoner In Jail, on the
80 OF July, 1881, or possibly on the 21, in which
the prisoner said: l wish You people would let
me alone; have some rights; that it was some
time before said Brooks and Rathbone could in
duce him to talk to them, and when he did talk he
said to them at that interview that he had con-
templated the removal OF the President for six
weeks, and was forced to do it by inspiration
from God. or words to that effect, and that he had
no fear of punishment and no fear that he would
versation was apparently cool and unconscious of
any risk or danger to himself from trial for his act
manner, urmistakable evidences OF INSANITY.
Afliant further expects to prove by said McEl-
fresh and N. A. Austin that they rode to the jail
with the prisoner as officers in charge of him, i'm
after the shooting the 2d day OF July
last. and that all the actions and words OF the
prisoner ON that occasion were indicative of an In
sane man.
That affiant expects to prove by said Andrew
that he has been connected with insane
aSylu lulnS, and has had almoSt constant care and
oversight OF insane people for nearly thirty-seven
years past, being many years in charge of the Ili-
nois state asylum for the insane at Jacksonville in
that state, where ne now resides and which posi-
ton he now holds; that he knew Luther W. Gufteau |
IN his life time, and had an opportunity for |
Cuf st at Jacksonville, of scientific observations O;
the mental condition OF said Luther W. Guiteau in
or about the year 1864, and came to the conclusion
ligion, and that is the present opinion of |
said MacFarland; and that from the circumstances
and facts developed in the evidence
ion that the prisoner is now insane. Affint fur
ther says that he has been mised by the course of
the prosecution giving the name OF said Nc EltreSh
to the defendant as witness for the prosecution
In this case and then in not calling him as such |
witness. and that he would otherwise have been |
also are said Brooks RathbOne and N. A. Austin |
as tils a1llant Is informed and believes and all
government employ and subject to the call of the
prosecution III this case at any time.
GEO. ScovILLE
Subscribed and sworn to before me, fourth day of
January, 1882. r. j. MEIGS Clerk
By w. G. WILLIAMS, Assistant Clerk
AFTER THE READING OF THE AFFIDAVIT.
The affidavit was passed to Judge Cox, who |
spent some time carefully studying it, and then
asked Mr. COrkh1l If he wished to be heard on the
subject.
Mr. Corkhill replied that he did not think the |
question required argument
Mr.. Scoville said he believed that Dr. MacFar- |
and was of opinion from what he had read that |
the prisoner was insane.
The jury have rather an advantage over the
the testimony"
REMARKS OF MR.. REED AS TO THE ADMISSION OF
NEW EVIDENCE.
Mr. Reed, speaking to the motion embraced in
the afidavit said he admit ed that it was entirely
within the discreS1On of the court whether the |
motion should be granted, and he believed that
discretion would be conScientiously exercised
The admission OF such evidence at such a time he
held was not without authority or precedent He
cited case before Judge Blodgett, in Chicago,
where needed evidence had been admitted after
the arguments had been commenced II was true
this trial had been prOtracted but it was not the
flrSt time that great cause had taken long time
for trial. He referred to case in BROOKLYN some
years agO-a case in which no mans life was at
stake-in which the distinguished gentleman from
New York had taken part, and which had required
nearly six months in trial He referred to the lack
Of Of means on the part Of the defence to examine
the cause. Mr. Scovlle, he said, had borne the
whole burden of the defence without cOmpensa-
ton He was hero. He begged the court, in the
name OF justice and fairness, to give the defence
one more day in which this testimony could be put
before the jury. He said the verdict of the Jury
which ever way 1t went, would be more Satisfac-
tory II the court allowed this evidence to be sub
Dlitted.
MR. DAvIDGE REPLIES.
Mr.. Davidge remarked that the defence desired
to reopen the case for the production of mo- less
than nine witnesses. Referring tODr. MacFarland,
he urged that the evidence he proposed to give
appeared to be based upon newspaper reports.
The defence, he said, had summoned twenty ex-
perts not one of whom had been called to give
their opinions based on PERSONAL examination of
the prisoner 1t was possible that men could be
found who had based their opinions on what they
read II the testimony CT such witnesses WIS t.
be received VIE !. tfial come to an end7
Ne thought thu SCt.on OF the defence
was confession On the part of
the defence that the pxpert evidence
on their 81 lie had utterly failed Three OF the re-
naming witnesses, it was said, had seen the prs-
Oner and formed the opinion tslat he WAS insane
With regard to the two officers who took Gu;teau
TO jail he said the defence lad eai!e opportunity
before to make the inquiries. 1t Was so in the case