Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-08

MORMON case ucclutu Dy tue supIcuc So.ii
where, in defense, that Mormons practised
polygamy in obedience to the word of God,
it was pronounced no defense.
EYES," said Guiteau, 'talk about Mormons.
They are breaking law every day, and the gov
eminent is doing nothing about it."
eyes," said Davidge. impressively, "they
are breaking the law every day, just as the law
spiration, which affords no defense to Grim
inal. There is no higher law known to
law man must obey the law. He
cannot, having broken the law, claim exemp-
ton from punishment on the ground that he
| obeyed higher law "With these re-
marks" said Dayidge, 81 submit the prayers
| of the prosecution, me. adding that those
| and when so collected 1 think your honor will
come to the conclusion they completely cover
| the legal requirements of the case"
| The Observation-Disclosures is an institu
| ton for the benefit of private lust. My act
| was patriotic act for the benefit of the Amer
| lean people. They are well satisfied with my
act"
THE DEFENSE OPEN.
Col Reed opened the argument for the de-
Tense in advocacy of the prayers presented By
them. he promised his remarks by
the concession that IN the use of a
deadlier weapon III such manner
as 10 result III uedtu luc INV PIcSuLutu Udlict.
That will not be discussed. The question
whether or not the killing of the president
was done with malice was question entirely
and exclusively for the jury. The defence
claimed the act was done without malice on the
part OF defendant If the jury had reasonable
doubt of the guilt Of the accused it was their
duty to acquit him. They had no discretion
as to insanity. The modern doctrine and the
better doctrine was, that if the jury had rea-
sonable doubt of the sanity of the accused at
the time of committing the act it was
their duty TO fad him not guilty. Formerly
the insanity had to be proved by defendant be-
yond any doubt.
The Court-'In one state.''
Reed-"Yes, their doctrine began to be mod
flied. In one case in Massachusetts, it was de-
cided that if insanity was made out by weight
Of evidence the accused should be acquitted,
but the courts have advanced from that
ground, and the doctrine now held is that if
there is doubt of the sanity of the accused he
| is entitled to acquittal.n Reed then cCntln-
ued
I'm this connection the case Of Hops VS..
People, 31st Illinois, in which the judge in his
charge said, 'In every criminal proceeding, If
reasonable doubt is entertained of the guilt
of the accused, the jury is bound to acQuit.
Sanity is guilt. Insanity is innocence. There
fore reasonable doubt of the sanity of the ac-
cused must acquit. Presumption of innocence
is as strong as presumption Of sanity.
Reed cited cases IN further support OF his
positions. He also quoted from the decision
of Chief Justice Carter, OF the supreme court
of the District of Columbia, in the case of the
United States vs.. Albert Nicholas. 1t was
there held that if the jury had reasonable
doubt on the question of sanity, they were
bound to acquit the accused The question of
what constitutes insanity is a question solely
for the jury.
81
is for the court. The question of fact for
the jury. Davidge-"Scoville you cannot
tumble this question of insanity into the jury.
This Court will say that 1t is legal insanity.
Reed-''Your honor will give your views as
to what constitutes insanity but whether this
defendent was of sound mind or not is the
question for the jury"
1t would be monstrous and shocking to the
sense of justice if any man accused should be
condemned to the gallows about whose sanity
any reasonable, fair man could raise any
question. Send lunatic to the gallows in
America! Whether he is a lunatic is a ques-
ton to be decided by the jury when they con-
slider evidence in the seclusion of
the jury room. They may say, well
there is man committing an awful crime,
atrocious, Undesirable, unparalleled in his
tory, yet we are not quite certain that he
knew he was doing wrong. Is it not the
doctrine of humanity to give him the benefit
of that doubt and hesitation and for the
court to say to the jury if you have reasona-
bic doubt it Is your duty to gave
the benefit of it to the accused;
Some men will say that if you turn him out
in the country he will kill somebody else, that
is question unworthy to be suggested in
court of justice. Bellingsham, tr d in Eng
land many years after he shot his victim, was
hurried to the gallows in seven days. An IN
doubted lunatic was convicted and condemned,
and it is q shame and disgrace to British juris-
prudence In this case all we ask
is that your honor shall sly to the jury, de-
scribng what is meant by reasonable doubG.
If on your oaths you have reasonable doubt Of
sanity at the time he shot the president, it is
your duty to give him the benefit Of that
donbt and say he is not guilty.
Col. Reed concluded his argument at a
quarter past 2, with peroration, in which fig
ured glowing allusion 10 the latitude of lib
erty and the far-reaching impartiality of law
| under our free institutions.
scOvILLE.
scoville, upon being informed by the court
| that prosecution were entitled to the opening
| and closing, when,both parties prayed instruc
tions, called attention to the fact that the
prosecution lad made one argument to which
| the jury had listened this morning and would
| have the same advantage Monday, while
| accident like Davidges' cold in the morning,
| which allowed Judge Porter to air his elo-
quence before the jury--must be content to
| dismiss these questions in the absence of the
jury.
A lively and somewhat sarcastic colloquy
between counsel ensued. The court did not
| think any reflection upon the prosecution was
| intended by Scoville and pat an end to the
debate by letting Scoville proceed
with his argument Scoville criticized severely
| the course of Judge Davis in the New York
| case, just decided, in going out of his way as
| he, Scoville said, to render a decision that
| might be made use of in this time of Gulteau.
eyes, called out the prisoner, "and the
| jury in that case went out OF the way to re-
buke Judge Davis"
| Upon the conclusion OF Scoville's argu-
mennt the court adjourned until Monday.
! THE JURY TAKE A RIDE.
| This afternoon the Guiteau jury awaited
| themselves of the permission of the court
and under charge of two 5ailifs went out for
| ride.
AID FOR THE PRISONER.
A number of checks were received in the
| prisoners mail this morning, which were de-