Bismarck tribune. [volume] (Bismarck, D.T. [N.D.]) 1878-1884, 1882-01-06

the defense; that, tho names of the witnesses
whose existence and names have recently
came to the knowledge Of the nffiant as
aforesaid, are Anton Bragdon, Marshal
Green, James Brooks, Thomas Kath6orne,
Austin; Andrew McF Farland; that this affiant
is advised, and believes it to be true that he
can prove by said Bragdon, Green, Katie
Collins and Edwin Austin that they each of
them frequently saw the defendant in the
park opposite white house during the later
part of the month Of June, A.. D., 1881;
and they had observed his singu-
lar and strange conduct showing every indi-
cation of insanity, so much 80 that said wit
nesses were thoroughly convinced he was OF
nnsound mind, and that fact was freely
commented upon between them; that by the
affidavit he could prove by said Brooks and
Rathborne that they had an interview with
the prisoner on the third Of July, possibly
the second in which the p.isoner said, :"
wish you people would lot me alone, have
some rights" that was SOME time before
said Brooks and Rathborne could induce
him to talk to them, and when he did talk
he said to them that he had contemplated
the removal of the president for six weeks,
was forced to do it by an inspiration from
God, or words to that effect, and that he had
no fear Of punishment and he did
not fear but that he would beliberated;
tat the prisoner was unconscious
of any risk or danger of himself for the trial
for his act, and showed to said witnesses by
his words and manner Eunmistakable evidence
of insanity. Afiant further expects to prove
by said McElfresh and M. A.. Austin that they
rode to Jail with the prisoner as officers in
charge Of him Immediately after the shoot
ing on the second Of July last, and that all
actions and words of the prisoner on that
occasion were Indications Of an insane man;
OFF NJ fu IN
land thBt he had been connected with insane
aslyums and had almost constant care
and oversight of insane people for thirty
nine years past, being many years in charge
of the Illinois state asylum for insane at
Jacksonville, in that state, where he now re-
sides, and which position he now holds: that
he knew Luther W. Guiteau in his life time
and had an opportunity for week, during
which time said Guiteau was his guest at
Jacksonville of scientific observations of his
mental condition, and came to the eonclu-
sion that said Guiteau was insane on the SUBJ
ject of religion, and that such is the present
opinion of said Mcfarland, and that from
evidence of this case thus far, said McFa
land is of the opinion the prisonerer is II,
sane. Af6ant further says he has been mislea
by the course of prosecution giving the, names
of said McElfresh to the defendent as a Wit
ness for the prosecution in this case and then
not calling him as such witness, and that he
would otherwise have been called by the de-
fsnce; that he is informed and believes that
Brooks, ,Rathborne and Austin are all in the
government employ and subject to the call
of the prosecution on this case at anytime.
(Signed) GEO. Soov1ILE.
Subscribed and sworn to before 'me the 4th
day of January, 1882. q
S'saeaW e. WILLIAMS Assistant 4 nj G1rS. MhaSA' ''''A
, .... .,r COX KxPLAINg.
An argument followed, at the close Of
which Judge Cox said that the counsel fo'
the defense came here stranger to the court
and to the district, and even to the prisoner
himself surrounded with difficulties from the
outset. The most serious difficulty was'
that the odium attached to the assassination
made the witnesses unwilling to even allow
their names to be krown to the defense. Ap-
preciating all difficulties which embarrassed
the defense, he (Judge Cox) had felt dis
posed to offset this with equal lstitude, and
more than ordinary facilities in proportion
to their case. Evidence of insanity could
not be offered in surrebuttal testimony; in
his opinion proof of insanity should be linn
and tho rebutting evidence of the prosecu-
ton. He therefore must exclude the testi-
mony of D. M. Mcfarland. The testimony
however, of this witness by which the defense
expected to provo that the prisoner asserted
upon tho day of the assassination, and upon
tho day after, the motive for this act, tho
court held, should be admitted as evidence
in surrebuttal and two or three witnesses tes-
tiled to immaterial points when the taking
of testimony was closed. The prosecution
then stated the points which they wished the
tho court to rule, and the court adjourned to
Saturday.
&. Why Is 1t? ..e.,,t'
It has often been asked, ''Why is it that
dance at the Merchants always draws large
crowd?'' No oAe seems able to answer the
question, but certain it is that all that is
necessary is to make mention in the paper
that ssthere's going to be a dance K might at
a. 1Fo.obo,%.1s a,,r1 ba ho,:ca will ha