Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-09
"TRANSITORY INSANITY"
THE ASSASSIN'S LATEST PLEA.
Sharp Fencing by Counsel ScOvIIIe
on His metIIe-DRVidge Unmasks
GuiTeau-The Murdererss Cheek
UndImInished-The Argument In
Progress.

WASHINGTON, December 7.-"None but
the members Of the bar, members of the
press, and those who are engaged upon this
case will be admitted to-day" was the an
nouncement at the outer doors Of the court
room this morning. Every avenue to the
court room was carefully guarded, and even
the policemen on duty indicated that the
day would be one of unusual importance in
the progress of the trial. A number OF la
dies succeeded in persuading Marshal Henry
to believe that they were either
members of the bar or the press, at least
such would be the natural inference, as the
seats reserved for the legal fraternity were
quickly filled with ladies. There was fair
representation Of the bar, though by far
the greater part of the audience was made
up from the gentler sex. The court room
was filed and with probably the best re-
preventative audience since the opening OF
the trial in point of standing and irselligeDce.
Sir. Davidge opened the argument upon
legal points, and was followed with the
closest attention. The jury were told by
the Judge that they might be excused for
the day, but they preferred to remain and
hear the arguments.
The prisoner assured his counsel that he
would not ask to take part in the legal ar
guments to-day but he should insist upon
making "any comments he might deem
necessary to set them right on
either side" AS the argument pro-
gressed Guiteau pretended to read q let
ter, but in reality followed Davidge with
the closest attention. The few interrup-
tioDs which he made were unnoticed by the
counsel, save when Guiteau called out, 81
didn't know the difference between right
and wrong. l had no choice. If | had
would not have done It,"
To this Mr.. Davidge said, ''We will come
to that by and BY"
by the reading OF Judge Davis (of New
York; charge to the jury in the Coleman
murder case. Judge Porter relieved Mr..
Davidge and read from a newspaper slip.
Mr.. ScOville, with some impatience, OBJ
jected to any more such dramatic efforts on
the part of Judge Porter, intended for effect
upon the jury, and insisted that he (POrter)
might as well read a stump speech to the
iury-that he (Porter) knew that it had no
bearing upon the case.
"Of course he knew IT," shouted Guiteau,
"and more than that, the jury decided the
case directly against the charge Of the
court"
Judge Porter repelled the intimation, and
insisted that this farce, which had so long
been enacted by counsel for the defense,
must now be stopped. If not rebuked by
the court it would be by others.
Judge Cox ended the dispute by saying
that the matter read was undoubtedly
authority. Its applicability to this case
cOdld 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. Every one knows all about
that Coleman case. The jnry gave verdict
against that charge, and this prosecution
know it vel" "
The effect was electrical, when Davidge
in the 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-"TransitOrv mania, that's my
case. l don't pretend Pm insane now. I've
got as good a head as you or Porter either.
ScOville's a fool, though. l repudiate 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
soon Guiteau subsded and Mr.. Davidge
| continued without further interruption to
the end of his argument.
Colonel Reed addressed the court In reply
to Judge Davidge, and confined his argu-
| ment to the consideration of two questions
| First, the definition laid down in the Revised
| Statutes of murder and manslaughter, under
which, If malice be not proven, he con-
| tended the crime would be nanslaughter
| Second, the application to this case of the
| question OF reasonable doubts in connection
| with the plea of insanity. Colonel Reed
| concluded at quarter past two O'Clock with a
| peroration, in which figured a glowing
allusiou to the latitude OF liberty and the
| far reaching impartiality of the law under
| our free institutions.
| Mr.. Scovlle, upon being informed by the
| court that the prosecution were entitled to
the opening and closing where both parties
prayed instructions, called attention to the
| fact that the prosecution had made one
argument to which the jury had listened
this morning and would have some advan-
tsge on Monday, while the defense
probably it was a mere accident, like Mr..
| Davidge's cold in the morning, which al
| lowed Judge Porter to air his eloquence be-
fore the jury-muSt be contented to discuss
these questions in their absence.
A lively and somewhat sarcastic discussion
| between counsel ensued.
The courl did not mean that any reflec-
| tion upon the prosecution was intended by
Mr.. ScOville, and put an end to the dispute
by telling Mr.. Scoville to proceed with his
argument.
Mr.. Scoville severely criticised the course
Of Judge Davis in the New York case Just
decided in going ont Of bis way, as he.
Scoville said, to render decision that might
be made use Of in the trial of Guiteau.
EYES," called out the prisoner, "and the
jury in that case went out of their way to
rebuke Judge Davis"
Scoville had not concluded his argument
at three O'Clock, and court adjourned until