Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-24

DayidCe, with earneStneSs, oolecteu 10
the interruption. He believed II hut the
first OF series Of Interruptions Intended
to break the force of the closing argument
Counsel had no right to interrupt unless
the speaker read incorrectly.
Judge Cox-We cannot have running
discussion, and that is Just what this will
lead to.
Scoville-I was interrupted one hundred
and forty-seyen times. | have done so but
twice. | propose to test this question
| right here, if counsel persists in misrep-
resentations.
Davidge-You Honor can at once see the
object Of this thing, and il is for Your
Honor to decide whether the arguments
to be given in its entirety TO the jury, or
whether IL is to be split up in this manner.
Judge Cox-Iou will proceed Judge For
| ter.
The sneaker, after this incident, contin-
| ued by saving: cannot, in this argu ment,
even allude 10 Scoyille or Reed. The coun-
| sci on the other side of this case looms up
so immeasurably above them that in max
| ing closing argument ] cannot even al
lude to!. them Eexcept as il may be abso-
lutely necessary. Theeyidence and papers
| presented here by General Reynolds, said
Judge Porter. and among them the prison
ers address TO the American people, are
| sufficient to stamp him as
Cool, Calculating. Coid-Biooded Mur-
derer.
These papers at one time could not be
| found, either in the District Attorneys
| or Attorney Generals offices, and neither
of the counsel for the government saw
them till day or two before General ltey-
nolds took the stand; but thank God the
| papers were found, and they are in evil
| dencc before you: and before conclude
think shall be able 10 show you that not
one of you could, upon this evidence, ac-
| quit this man, unless You
Perjure Your Souls
| And assume your share OF the responsible
! ity for the murder Of the lamented Garfield
| Guiteau-Thats all bosh. I'm glad those
papers are here. When the Attorney
| General saw them he wouldn't have any
thing to do with this case.
| Judge Porter then explained, at some
| length, the relations Of counsel for the
prosecution to this case, in reply, as he
| said, to the fretruent insinuations OF the
prisoner and his counsel that he (PorterD
and his associates, were improperly In
| fuenced by the expectation Of money
reward and had entered into conspiracy
to execute the law and convict the prisoner.
The District Attorneys duty Was plain
| and his salary fixed by law, said Judge
| lOTlcT. II 10 slLipis S-vu sN' "'N wv
in certain cases as prescribed by law.
| Guitcau shouted-His office, i am told, is
worth seven thousand dollars a year, and
vet he can't pay his board bills. He spends
Il all for wine and fancy women.
Speaking of his own compensation, Porter
said that IL was q matter to be fixed and
determined by the highest law officer Of the
| Government, and whether the prisoner was
convicted or acquitted would not make u
difference, if his full duty, in the respon-
sible charge was performed. In reply TO
broadcast imputation put upon the Govern
rnent witnesses that they were offered
Special Inducements
by Col. Corkeill to come here and testify,
Judge Porter said not one dollar can Col.
| CorShill draw from the Treasury, except
upon the proper vouchers, certihed accord
| ing to law and not single witness has re.
| ceiyed one dollar more than the bare allow
ancc provided by law.
Judge Porter repelled the assumption OF
! the counsel for the defense that there was
| a man upon the Jury who won d hang the
| irry, The prisoner himself had indicated
that he rested his safety upon one man.
Guiteau-I rely upon twelve men.
The arguments OF the defense for the past
seven days had all been directed 10 this one
object
To Divide the Jury.
Judge Porter addressed himself upon this
subject, with great force of argument aud
eloquence, directly to the intelligence and
conscience OF the jury. They must not be-
lieve, if any man OF them thought 10 dis.
charge his duty by avoiding the full duty,
and should cause a divided jury, that the
| United States Government would any the
less press this trial TO conviction. Judge
Porter continued: This case stands and
stands alone upon the single question: ::
| Whether, on the I'd ol July the prisoner oe-
lieyed that he was
Commanded to Commit = Crime.
Guiteau-That's IL, and all there is TO H.
Judge Porter--The prisoner assents, and
in my opinion he knew from the first that
upon this sole issue his case must rest. II
his counsel had hall the intelligence Of the
prisoner they would have seen the same.
Guiteau-Thank you, Judge; but don I
take much stock in your opinion, any
way.
| Porter adverled 10 the constant inter
ruptions of the prisoner. his false claims OF
sympathy. and that the press was with him,
! and said, in contradiction, have yet 10 see
| single American newspaper that has one
word in his defence.
Scoville vainly strove 10 get the car OF the
court, protesting that Judge Porter was ex.
| ceeding the rules Of court by such state
ments. At length Judge Porter paused, and
Scoville demanded that he be allowed TO
| make similar statements in reply,
| Porter attempted 10 go on. but Sc0yille
reinforced by the clamorings Of the pris.
I oner, succeeded
| In Getting the Floor.
when with much excitement he demand
| ed his rights, and claimed that he had
rights that should be respected. He insist
| ed that Judge Porter had no right to sta te
what newspapers said, or what they didn't
say, and ho desired an exception duly
| noted,
Col Corkbill insistri- that the counsel
| had no right to object. The prisoner had
been allowed 10 state what he had received
| in the way Of letters. He had been per.
I mitted 10 read them, to read extracts from
papers, and to make all sorts OF statements
ss 10 what the American people and press
were saying Of him. Judge Porter was
simply eontradicting these statements,
Judge Cox intimated that the prisoner
was not allowed to do az charged, but lac
couldn't be restrained from doing 20.
scoyille-Well, can't Judge Porter be re-
| strrined?
The Judge ruled that the speaker might
contradict the assertions OF the kind made
by the prisoner.
Porter then read from the printed eyi-
dence several more Of the noted examples
| OF this effort on the part OF the prisoner 20
deceive the jury, after which he desired 20
be excused from further speaking for the
day. and the court adjourned until To-
! morrow.
FIRE RECORD.
KEEsg. n. H.. Sanuary G.-Sprague's
] he'd blanket mill near here and sprague