Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-09
ARGUING THE LAW.
Arguments of Davidge and Reed on
the Que stion constructions.
A Clear Exposition of the Law ofthe case---
The Points of Difference - What
the DefeRce Rely Upon to Save
the Prisoners Neck.
THE BURDEN OF PROOF OF INSANITY.

THE BURDEN OF PROOF OF INSANITY.
WAsHISaroN, January I'm the Guiteau
case this morning Mr.. Davidge opened the
arguments upon the legal points and was
followed with the closest attention. The
jury were told by the judge that they
might be excused for to-day, but all pre-
ferred to remain and listen to the argu-
ments.
The prisoner assured counsel he would
not ask TO take part in the legal arguments
to-day, but he should insist upon making
isrny comments he might -drem necessary
to set them right on either side"
Mr.. Davidge opened by reading and then
celebrating the prayers of the Government,
which asks the Judge to instruct the jury
that il the prisoner knew at the time OF
the shooting the difference between right
and wrong he was at the time sane and re-
sponsible.
Dayidge, with the prayers in his hand,
said in low but distinct tones and measured
language that they consisted: First OF
the above definition of insanity; second, OF
the declaration that if the prisoner possess
ed the ability to so distinguish between
right and wrong, no irresistible passion or
impulse, no uncomfortable desire,
No Moral Depravity
would excuse the act; third, declaration
that the standard of insanity must be that
of law: fourth, that no delusion, an ability
to distinguish between right and wrong,
being present, would excuse the prisoner.
Mr.. Dayidge thought the prayers
OF the defense bearing on the
points contained in the prayers
Of the prosecution, ought not to be enter
tanned for a moment He said the law
drew the line of responsibility for crime
somewhere. 1t had been lily defined until
the Judges of England, in 1913, at the re-
quest of the House OF Lords laid down tho
legal rule defining responsibility. This
rule was q good old right and wrong test
the rule Of common sense. There were in
finite degrees of intelligence. Think OF
the illustrious victim of this prisoner on
the one hand, and this assassin on the
other. The law drew no line between the
low degree of Intelligence on the one hand,
and the highest on the other In respect TO
the fifty first responsibility for the crime.
TAs the argument progressed Guiteau pre-
tended TO read a letter but in reality fol-
lowed Dayidge with the closest attention.
The few Interruptions he made were unno.
ticed by counsel, save when Guiteau called
out: Il didn't know the difference be-
tween
Right and Wrong.
/ had no choice. If had | would not have
done it." To this Davidge said: I'VE will
come to that by-and-by."
The first sensation to-day was caused by
the reading of Judge Davis New York;
charge to the jury in the Coleman murder
case. Judge Porter relieved Dayidge, and
read from newspaper slips.
Mr.. Scoville, with some impatience, OBJ
jected TO any more such dramatic efforts on
the part of Judge Porter intended for an
effect upon the Jury, and insisted that he
(Porter) might as well read a stump speech
to the jury. That he Porter knew that 1t
had no bearing upon the case.
"Of course he knew it," Guiteau shouted,
"and more than that, the jury decided the
ceuTt.'s Judge fortvI~ iei'eiiVa 's.'S'
The Intimation,
and insisted that this farce which had so
long been enacted by the counsel for the
defense must now stop, and il not rebuked
by the court il would be by others. Judge
Cox ended the dispute by saying that the
matter read was undoubtedly authentic,
and its applicability to this case could be
commented upon by counsel at the proper
time.
As Mr.. Davidge resumed Guiteau again
shouted: 81 want TO get this thing right be-
fore the Jury Everyone knows all about
that Coleman case. The jury gave ver-
dict against that charge, and this prosecu-
ton knew it we'll"
The effect was electrical when Davidge,
in o most deliberate and earnest manner,
said: Your Honor, this man was for three
weeks held up TO us
As an Imbecile,
and now listen to him. He not only knows
the difference between right and wrong, but
he understands fully the law of the case
Guiteau-"Transitory mania, that's my
case. don't pretend I'm insane now.
I've got as good head as you or Porter,
either. Scoville is q fool, though: repu-
diate him and his whole theory of defense.
All want is two hours before that jury
and can set this thing all right"
The scene was lively one for few min
utes. Judge Cox raped for order, and as
soon as Guiteau subsidized Dayidge contln-
ued without further interruptions to the
end OF his argument.
Col. Reed addressed the court in reply to
Judge Davidge, and confined his arguments
TO the consideration OF two questions:
First, definitions laid down in the Revised
Statutes of murder and manslaughter, un-
der which, il malice be not proven. he con-
tended the crime
Would BE MsnsIsughter.
Second, the application to this case OF
the question of a reasonable doubt in con-
nection with the plea OF insanity.
After Recess.
The Jury did not appear in court. Mr..
Reed began the argument for the defense.
He claimed that there was nothing in the
record of the case opposed 10 the theory OF
Guiteaus insanity. He referred to the
question of jurisdiction as fatal to Gonyic-
tion. He was concise and pointed in his
statements, and seemed to make good i'm
pression on the court. The prisoner was
Quiet, occupying himself in writing auto
graphs:
mort of his views, which were 10 the effect
| that
A Reasonable Doubt
should always he admitted in cases OF the
| character Of the one on trial.
Judge Porter got up excitedly and said
| il was not right that such remarks shouid
! be made unchallenged.
Mr. Reed said it was unfair that the jury
should not be present at this time.
The Court said il was understood that
| the iury should remain away during the
argument il they thought nj.
Sir. scoville apoIogized satirically, saying
| that of course it was an accident that the
| Jury should be absent. Mrs. Scoyille here
| got excited and said in tones heard all over
| the room: There is no accident about 1T;
| il is design. They want the poor man
| hung" Guiteau said nothing.
| Mr.. Scoville then addressed the court,
| following much in the line OF Mr.. Reed,
\ urging
| That Responsibility
was the most important fact for the jury
TO pass upon, and concluding that aequittai
| must follow if any regard was given 70 1t;
| At one iuncture of the argument for the
defense. Mr.. Davidge interrupted with the
remark that the question OF responsibility
was to be decided by the court. and the
| question of insanity was for the Jury.
Judge Cox approved the suggestion.
/ NJ Reed said il would be disgrace 70
humanity II the prisoner, even If there was
only a slight doubt Of insanity, should de
on the gallows. This point was repeated
several times -,
Guiteau kept quiet, but while. pretend
ing to read newspapers and write auto
graphs, he looked up approIingly every
now and then.
In concluding Mr. Reed urged that the
\ lx-o6, ~ ,ba douht should be given 10 the