Morning journal and courier., 1882-01-05
News by Telegraph FROM ALL QUARTERS. 4HR BIND IN VIDW' Last Testimony in the As-
 sassin's Trial. READY FOR THE ARGUMENTS. Legal Points Made By the Pros
 ecution. VERDICT EXPECTED BY TUESDAY, Guiteau Determined to Ad-
 dress the Jury.
A VERDICT EXPECTED BY TUESDAY.
THE NATIONAL CAPITAL.

THE NATIONAL CAPITAL. The Guiteau TriaI-AlI the Testimony In-Legnl Points of the Prosecution A Verdict Expected By Tuesday-Guiseau to Address the Jury.
 WASHINGTON, Jan. 4.-ImmediateIy after court opened this morning Mr. Scoville pre- sented by affidavit his request that he be aI- lowed to introduce new witnesses to show the condition of the prisoners mind the day before the assassination. The document set forth the reasons why he wished to call cer- tain witnesses therein named. Prominent among these was Dr. Mcfarland of Danvile, Ill.,, who believes the prisoner to be insane Mir. Reed addressed the court in favor of the motion. Mir. Davidge replied for the gov ernment, and was followed by Mr. Scoville Tor the motion.
 Judge Cox said counsel for the defense came here stranger to the courts of the dis trict and even to the prisoner himself, and found himself environed with difficulties from the outset. The most serious difficulty was that the odium attaching to the assassi- nation made witnesses unwilling to even al low their names to be known to the defense Appreciating all these difficulties which en- barrassed the defense, he (Judge Cox) had felt disposed to offset them with an equal lati- I tude, and more than ordinary facilities in the preparation of their case. Evidence of in- sanity could not be offered in sur-rebutta1 In his opinion proof of insanity should be limit | ed to evidence in chief of the defence, and rebutting evidence of the prosecution. He therefore, must exclude the evidence of Dr. Mcfarland. The testimony, however, of l those witnesses by which the defense expected | to prove that the prisoner asserted upon the 1 day of the assassination, and the day after, | the motive of the act, the court held should ! be admitted as evidence in sur-rebuttal l Dr. Beard, of New York, was then called, but upon objection by the prosecution his ! testimony was not admitted. Chief Brooks, I of the Treasury secret service then testified l to visiting Guiteau at the jail the night after l the shooting. ''Guiteau was in bed at the \ time. He arose in great anger and excite ! ment, and wanted to know what meant by disturbing his rest and quiet at that hour of l the night. said it i'll became him, mur- \ derer, to speak in that manner; that had dis | turbed the rest and quiet of whole nation. l He replied that he was no murderer, but ! Christian and gentleman; that his mind was ! made up ; that he had been moved to do the
 
 1 for the good of the country I told himI | was Republican and Stalwart and he re- piled: Then you can appreciate why did ! it." Witness detailed at some length his conversation at that time. He (witness) said to the prisoner "If you had taken the Deity into consideration you could not have done such an act" The prisoner replied that he had thought over the matter and prayed over it for six weeks, and the more he thought 1 and the more he prayed the more he became convinced that the President must go, and l that it was his duty to remove him.
 Toward the close of Chief Brooks testi- mony Mrs. Scoville burst into tears, and for few minutes wept copiously. The defense had taken their chances on the value of MT. Brooks testimony. and it had proved of no I benefit to them.
 Mir. Scoville attempted to get in 8 photo ] graph of the prisoner taken since the shoot ing, but did not succeed. He then read a letter by L. W. Guiteau, in which he ex- pressed the belief that Charles was insane. This closed the defence
 Mir. Davidge then read the points of law on which the prosecution proposed to rely, as follows:
 First-The legal test of responsibility where in- sanity is set up as defence for the alleged crime is act alleged, knew the difference between right and wrong in respect to such act. Hence in the present If the accused at the time committing the act charged knew the difference between right and wrong respect of such that if he knew what he doing, and that what he doing contra ry to the law of tho land, he is responsible.
 fGuiteau-"I didn't because my free agency was destrcyed.1 l He continued Second-1f the accused knew what he was doing, and that what he was doing was con trary to the law of the apd 1t constitutes defense if it true that when he committed the act he really believed that he was thereby producing 8 | public benefit or carrying out ar inspiration of divine origin or approval. sucb belief would not afford any excuse nor would srsn excuse be afforded by the fact that in the commission of the act he impelled by depraved normal sense whether innate or acquired. by evil passion or indifference to ' moral obligation [Guiteau-"All of which is false ] ! Third-Insanity would however, constitute de- fense R by of disease the accused at the time was doing, or if he did know it, that what he was doing was contrary to law. [Guiteau-"I had nc ! Fourth-The only evidence in the present case l tending to show irresistible impulse to commit
 the homicide the claim of the accused that his free
 agency was destroyed by his alleged conviction that the death of the President required for the good
 but such conviction, if it really existed could
 not afford any excuse when the party knew what he ! was doing and that it contrary to law No mere
 deusion of judgment, not even fixed belief
 that what is prohibited by the law is commanded
 approved by divine authority [Guiteau-'.God's law
 is higher than mans law.']-can exempt the accused
 from responsibility for breaking the law. To have such effect the commission of the act charged must have been the result of insane delusion which
 the product of disease, and of such force to
 to distinguish between right and wrong respect
 the act that at the time of committing the act he
 either did not know what he doing, if he did
 that the act wrong or contrary to the law o the l land.
 At MT. scoville's suggestion the court was : then adjourned until Saturday morning.
 At the jail this afternoon Guiteau said to z
 reporter: Nothing could please me better
 than the way things went to-day. regard
 it as special providence that Brooks anc
 the Treasury detectives came to my cell at F o'clock on the 2d of July. It was a specia
 providence much as the providence tha a the President was taken to Long Branch ant
 died. want the case to go to the jury with out argument, but wish to address the jur.
 and speak about an hour I will discuss in Q spiration and politics. and while some of i Q will be in keeping with my Christmas effor : much will be new.'' 3 The interval between now and Saturda. | will be occupied by Mir. Scoville in preparing
 points of law. He is evidently disheartenet and it is not expected he will make long ar
 gument. Guiteau is to be allowed to talk b but it is known he has not the ability t. '- make speech. A verdict is expected b r. Tuesday.