New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-15
THE NATIONAL CAPITAL.
THE CASE OF GARFIELD's ASSASSIN.
,,,>,ops or . NEW TRIAL TO De ORDERED AND
pr.soSs FOR BELIEVING THAT THE CONVICTION

THE CASE OF GAhr lELD hoo<AS"A'
R,,noRs or NEW TRIAL TO DE ORDERED AND
REASONS FOR BELIEVING THAT THE coN'ioiioN
WILL BE SUSTAINED
lBY TELEGRAPH TO THE TRIBUSEI
u.surxcroS Nav 14.-There are as many ru-
rDors about Washington that the conviction OF
cri.ean is to be overruled and new trial ordered,
az there were that the indictments against Brady ana
dorsey were TO be quashed just before Judge Nyhe
sustained them. The two points upon which Mr..
Reed Guiteaus counsel processes 10 be confident OF
decision in his favor, are those of jurisdiction ana
the admission of the testimony of Mrs. Dunmlre'
formerly Guiteaus wife. The latter question is
comparatively new one, 1t was not greatly
pressed by the defence during the trial, and
was omitted by Mr.. Reed from his brief just pre-
sented but he made 1t prominent in his oral argu-
ment
The facts with regard to Mrs Dummies testimony
are these She first asked by District-Attorhey
Corkhiu a question which, if answered,
would have tended TO bring ont certain
communications between herself and GuIteau. The
question was objected to and very promptly ruled
out She was then asked the following question
did you Mrs. Dunmire, during the five years that
you were married TO Guiteau see anything 10 lndl-
cate that he was insaneW This was answered Ill the
negative There is perhaps one weak point III
the position of the prosecution in the fact that the
foundation of this question was not made clearer.
1t Is in doubt perhaps whether her OPINION rested
upon her general observation OF the man, such as
anv person might have had, or whether 1t rested
upOn the confidential communications between
husband and wife. The point Is made that
the question called for no revelation OF
any of the secrets of the matrimonial relation, and
also of course that at the time Mrs. Dunmlre ap-
peared as a witness she was not Guiteau's wife. Ii
was argued by able lawyers that the case is
analogous to that of a counsel who might be
asked to give general Judgment upon
the sanity of a client, which he could
do without revealing any Of the condolences between
them.
Section 81 of the Revised Statutes relating to
the District of Columbia, provides that husband
shall not be competent or cOmpclable to give evil
dence for or against his wife, wife competent or
compellable to give evidence for or against her
husband in any criminal proceeding or III any pro-
ceeding instituted in consequence of adultery.
Some Of the ablest lawyers in the district are OF
the opinion that the conviction will be confirmed.
on the grounds that Mrs Dunmire is not now Gull
teau's wife, and revealed no confidential communi-
cation. and that the defence cannot now
take advantage of their failure
to discover whether the opinion expressed by her
rested upon general observation or on confidential
communications. These lawyers are also of the
opinion that the jurisdiction of the Court viii be
sustained, not upon the ground taken by Judge
Cox that of an old English statute of doubtful APP
plication in connection with the common
law. but upon the high ground Of the Federal
statute of crimes Of 1890 I'm ier which the indlct-
ment was found and which provides section $3.50
of the Revised Statutesl that Every person who
commits murder first within anT fort arsenal, dock
yard. magazine, or N any other place or us
irict of country under the exclusive jurisdiction
of the United states shall
suffer DEATH"
This act was established by a new Government.
winch az has been often decided had no common
law almost Immediately after It's formation. and II
Is argued that the law intended to make the
Government supreme IA such matters IN II. own
territory This view refuses to admit that
great Government like ours could lose the right
conferred by this act 10 punish murder committed
in "A place or district" u0dcr its conclusive Juris-
diction simply because the victim might be carried
outside of the building or of the territory IN which
the mortal stroke was gwen, IN order 10 die.