The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1882-01-12

Washington to testify in this case, and replied
~ did not care to come, but the President OF
our board said he thought it my duty to omc."
=. sooyillsm"Ihen you came on his in's cpreta-
Witness Gndignan.ly)-"No, sir; I came
Guiteau added: "How about Corkhills
money? guess that was the influence that
brought you here. This fellow Corkhill has
got bunghole in the treasury that will run out
elO0, 600 before he gets through with this case.
!t's about time President Arthur va. attending
week Il we're President However, III attend
70 Corkhill IN 1884"
Gcovills sndeavored to force an acknowledge
mont from witness that the conversation and
conduct Of the patient were the chief means
OF determining sanity or insanity.
Witness insisted it was only an incident, and
not an essential element in tho determination.
6covile-"W Why, you don't have any other
means when they are alive, do you ? You can't
set ct tho brain to examine it. can you p
0uitsau-" The experts on this case want to
Kill the man and then examine his brain after
ward"
He was asked II he had ever seen any case or
feigned insanity that resembled that OF the
prisoner (assuming that he Is fcig ning) and re-
Piled u have not seen any such insanity, real
The hour or adjournment having arrived.
Guiteau, who had been listlessly following the
proceedings, called out: "To-morrow Will be
New Years, 1882 shall receive tomorrow in
Jail, and shall be happy to see ali who can suc-
ceed in getting In. wish every ono happy
New Year: Come, 6covllle. it's 8 o'cl ock, lets
The court adjourned Till TUESDAY,.
TMRTY-sEvENTH DAT.
Gnitcau opened court by announcing that he
had many New-Year callers, mono Of whom
wanted him hanged, and al Of whom believed
he would be acquitted.
Dr.. Gray took the stand, and Hcoville re-
Sumed the ecross-examination. Witness had not,
in giving his opinion on the direct examination
that the prisoner waa sane, taken into account
the evidence Of the prisoner himself, but taking
that element into consideration his opinion
would still be the same-that the prisoner il
sane, and was sane on tue I'd OF July.
Witness did not believe in what is termed by
some writers .'emotional insanity" or "moral
INSANITY" keptomana,. he considered
simply thieving ..dipsomania," drunkenncss
and "pysomania," "inccndiarism. These desig-
nations were simply convenient terms which
had been invented to cover certain crimes.
" Insanity said tho witness, lis never trans
nlit,ed any more than cancer"
Scovlo desired to put in evidence certain
tabulated statements from the annual reports
Of witness From these it appeared that OF
fsty-fonr cases Of homicides by insane people,
seven were hy persons acting under an insane
deusion II divine authority for their acts. At
the quest Of the District Attorney witness
described briefly these cases and added, "cach
case was one Of marked insanity, independent
Of the homiciial act"
Dr. GRAY was asked few more questions by
Scoville. when the District Attorney announced
the conclusion OF the examination on tho part
Of the Government.
Df. Bowler. Of Kansas City, was called by
~
ISadvllle, Col. and convcrsed with her. She
said "she had entertained grave doubts ~ TO
the mental condition Of Guiteau at the time she
obtained her divorce. and thought at the time
she had better defer the divorce proceedings
and await some further Developments in the
mental condition Of her husband"
Clark Mills, the sculptor, was called for the
purpose OF identifying the plaster cast Of
Guiteau's head. At the first question, did
you mako a plaster cast OF the prisoners .
head? Davidgs objected to any reopenng Of
the question Of insanity, such - would DO in
volved by the Identification Of the cast by this
witness. Tho question Of insanity had been
gone over direct and in rebuttaL The prose
cution had already admitted tho gcnuineness
or the cast. That was all that could be asked
by the defense.
After further arguments tho court ruled
against Scovllle, and tho witness WAS with
drawn.
1u0 Efk0OIlCE ulOGIlUUA " ICuu . iCStcls -
he claimed, from an old friend OF President
Garfield. in Ohio showing that public opinion
was making IN his favor.
Judge Cox ordered him to be silent.
Guiteau-"It shows the state Of public opin-
ion outside OF this court ROOM"
Judge Cox" Be silent. Public opinion ha .
nothing to do with this osse."
}uiteau-" When speak, speak TO 30, 0O0,-
oCO people, not to this little crowd in tins
courtroom"
, Marshal Henry (rlsing and moving toward
the dock ck)-Kcep quiet, sir.
Guiteau-Ive got through.
The Marshal whispered some instructions 70
the baliff sitting in the dock. A moment later
the prisoner started upon another harangue,
and the ba,lin put his hand upon his shoulder
and attempted to quiet hun.
Guiteau-" Get away from me or III slap
you in the mouth"
With this outburst he subsided, however,
and turned his attention to writing auto
graphs.
! Scoyille again brought up the question Of
introducing new Witnesses, and, after argu-
ment, an agreement was made that the defense
submit . motion IN writing tomorrow. giving
1 the names OF witnesses and tho facts to be
testified to, and supported by affidavit, giving
the reason why such witnesses were not intro
I 6uced before.
/ THIRTY EIGHTH DAT.
i Scoyil,e, counsel for the defense, offered |
motion for the admission Of further cvidenc,
| 10 prove TIE insanity Of the prisoner.
DR.. MeFa,land, of Illinois, was to prove from
what he had read in the papers that Guiteal
! Was insane, and some Government detectives
! were to testify to the samo from interviews held
i will him soon after the assassination. Other
i witnesses would declare that he had acted III a
crazy manner few days before he committed
the CRIME, aud DIR. Beard, of New York, va
! ready to swear that the assassin was crazy
1 After good deal Of discussion on the part of
Scosilie. CoIhhlil and Davidge, Judge Cor
| ruled against the admission OF evidence OF in
sanity i'll kur-rebuttal. ]. J. Brooks, Chief ol
the Treasury Secret Service, was then called .,
. witness, aud gave the details Of All interview
with the prisoner on tho night of the shooting
The prosecution then submitted to tho cour
the points for the instruction OF the jury
During the reading Of them, Judge Dayidgt
was frequently interrupted by the assassin
They are as follows:
|. The legal test of responsibility, where insan
ity il set up defense for an alleged crime, i
I whether the accused nt the time If committing til,
net alleged, knew the difference between right an,
4 wrong III respect T. rucn at; hence IN the prcsen
case, If the accused Ut the time of committing tl
act charged knew the difference between right ans
wrong iii respect of such act that IL, ii he kney
what he WAS doing and that what he wss doing Wa
contrary to the law Of the land he il ssponsible.
Gn,teau-.I didn't, because my free agenc!
Was DESTROYED
=. If the accused knew what he was doing, AM
tkat what he doing contrary 10 the law o
the land, it constitutes no defense, even II it wer
true that When he committed the act he really le
le,cd he was thereby producing public benefit Q
| carrying ont an inspiration of divine origin or az
proyal. such belief would not afford excuse, no
would such 10 afforded by the fact that in tn
commission Of the act he WAS imlelled by deprase
moral fense, whether innate or acquired, or by ev
passion or indifference 10 moral obligation.
Gnitean-.A All OF which IL false"
| y. Insanity would, however, constitute . defenf
I il by reason Of the disease accused, AZ the time
| committing the net cha rged, did not know what
Was doing, or. II he did know ii, that what lie WI
doing war contrary TO law.
/ Gniteau-.I had no choice in the matter"
4. The only evidence In the present case tendin
| to show an irresistible impulse 10 commit the hom
eide is the claim of the accused that his free ageIt
was DESTROYED by his alleged conviction that Il
death of the President WAS required for the good
the American people and WAS disinely inspired hl
such ronyic.ipn even If 1t really existed, could n
sfford any excuse when the party knew what he W;
doing aud that 1t WAS contrary to law--no mere d
lusion or error Of Judgment, not even liked bell
that what is prohibited by Law Is commanded q
proved by divine authority
Gnitcau--"God's law is higher than man
law
4 /