Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-17
SCOFILLE'S PLANT.
lie Says the Evidence and Facts Have
Been Perverted, and that He
and His Client
Have Not Had Fair Play-Guiteaa's
Speech-A Document which Alone
Should Hang Him.

tHe court was formally opened ScOVllle began
his address 10 the jury by confessing his I'M
familiarity with the modes of practice il
criminal cases. All the defense asked fol
was fair, candid, impartial weighing Of the
evidence by fair and candid men. Counsel
would attempt no oratory, because he wa:
not equal to it, and because he would not dc
1t il he could. He would address himself
simply to the reason, Judgment and intellect
OF the jury. Oratory, eloquence and appeals
to the passions he would leave for counsel
who would follow him Judge Porter) and
he desired to warn them that on the
efforts OF learned counsel Judge Por-
ter; to expound the law or explain
evidence he would inevitably seek to
influence them through their emotions; to
/ touch their hearts and sway their sympathies
rather than to convince their Judgment. !
do not care TO complain, although / do not
| think, az counsel in the conduct of this case,
| have been treated with fairness. Person
ally, care nothing for it; but when it in
! jares the case in which my efforts are en-
| listed then | must complain. | hold in MI
/ hand an indictment for conspiracy which
have framed in my own mind, and the object
OF this conspiracy was 10 hang the prisoner"
| LScoville then proceeded to name the con-
| spirat0rs; the district attorney, Judge Por-
ter, Mr.. Davidge, and FIVE of the government
experts, namely: Drs. Gray, Hamilton, Kemp
| ster, Mcdonald and Wooster.1 The counts
! OF this Indictment, twenty in number,
/ First, they have perverted the law in this
case" Scovile, in illustration or support of this
| count, alluded to the introduction by Judge
| Porter of the decision of Judge Davis. He
said; The counsel upon the other side in
! dignant'y repudiated the suggestion that
Judge Davis sat with Cardoza or Barnard,
! but | have yet to learn Of either of them
ever having committed more reprehensible
! act than that OF Judge Davis" Scoville
warmed up with the subject and denounced
in severe language the extra judicial act of
Judge Davis: Had newspaper been guilty
! Of such bold-faced attempt to influence a
decision in pending cause the editor would
have been subject to arrest for contempt"
Judge Porter-Don't let us turn this
courtroom into a toWn-meeting.
Scoville resumed, but was soon interrupted
by Dayidge, who, with some emphasis said:
"Oh, no, Scoville; that's not So"
Scoville-You may interrupt me as much
| as you please, but shall not be deferred from
saying just what believe to be true.
Davidge-Well, well, Pll not interrupt you
again, say what you may.
Guiteau-That's right, Davidge; keep
quiet. You talked for two days, and didn't
say anything either. Give somebody else a
show.
scoville continued: "When Judge Porter
comes before this jury and undertakes to
L
did with Davidge, but / shall stop him.
Guiteau-So shall l.
Seville shall stop him and l shall cor
rect him, it l find he is misstatiDg evidence.
Guiteau-Never mind; Phi attend to him.
Judge POrter-There will be two Gui-
teau's, then, to attend to me.
The prosecution state that if the prisoner
knew the act was wrong on July %, then he
should hang. Now, this is not by any means
no bDla NJ or Gfa If II.
law. The Court has added, in substance, as
follows: yet, if in this act he was over
powered by consciousness coming through
his diseased mind that what he was doing
was necessary for the good of the country,
and was especially approved by God, then
you cannot convict him of murder" Con-
tinuing. Ssoville said "The second count in
the indictment is perversion of testimony"
and he proceeded to sustain the count by
reading from Davidge's speech, and compar-
ing it with the testimony.
"Oh, that's for money" called out Guiteau;
she is paid for that: he don't believe it,"
Scoville contended that the facts were per-
verted, and particularly the evidence as to
the immortality OF the prisoner. The only
allegation that will hold against him is that
OF adultery.
Guiteau shouted out: allow many limo
cent people are in the court-room?" and he
addeJ, "not one" A moment later he called
out: 81 don't want to libel Cristian people,
but want the record straight. / say high
toned Christian men and women are virtu-
Gus, but the mass of mankind are not. Let
that go on record"
As Scoville paused Guiteau raised laugh
by calling out: "Ain't that a pretty good
place to stop, Scoville? It's most 1890; let's
have recess"
Recess was then taken for thirty minutes.
Judge Porter stated that he would be ua-
able, owing to the condition of his health,
to remain this afternoon, but he desired SEQ
vile not to abst lin for that reason from say
ing anything he desired to say.
Evening Session.
After recess Scoville proceeded to point
out to the jury what he termed "peryersion
of evidence" by Davidge.
Judge Porter's seat was vacant, while the
district attorney indicated by his appearance
that he wished his was also.
Scoville having intimated that he desired
to criticise the conduct of the district-attor-
ney as the chief partner in this wicked con-
spir cy, as alleged by him, to hang the pris-
oner, but would not do SO in his absence, as
he was not in the habit of saying things be-
hind ones back, Colonel Corkhill was sent
for by his brother counsel and he reluc antly
came into court, abandoning the rest he was
seeking. II haven't" he said, "the slightest
interest in anything he may say against me.
However, will come in and give him an OPP
portunity to abuse me-"
Scovile dwelt at great length upon what
Davidge deemed an immaterial matter, and
the latter remarked on the disposition of
counsel TO consume time needlessiy.
Scovilie reiterated that he did not propose !
to leave matters of fact which wtre con-
tained;in the record before the jury willfully |
or enveloped in artificial obscurity. |
Guiteau-That's right; stand by the rec |
ord. Davidge had better read my speech. |
Ii is published in all the leading papers of |
America, and takes up whole page.
Scoville attacked toe theory of the prose- |
cution, that i. was the prisoners own innate
or acquired depravity that naturally led up |
TO the killing of the President, and discussed |
at some length the evidence introduced By |
them to show instances of the prisoners |
meanuess and depravity. "This evidence" |
said Scoville, "has 10 almost every instance |
been perverted" He then alluded to the |
evidence relative to the prisoner obtaining
ing his note for it.
Guiteau observed 'If NJ. c. Arthur will I
,end his note, I'il cash it now"
Scoville continued: "They brought man
lere at an expense of $50 to show the
moral turpitude OF the prisoner, and what
vas the effect of his evidence?"
Guiteau-To prove that pay my debts.
him $50 for a desk-just what he contracted
o pay him-snd that's all there was in his
estimony to show moral turpitude.
Scoville reviewed The incident of Guiteau's
.etting English ont of Jail in New York.
The prosecution laid great stress upon this
Incident showing the rascality of the pris-
,ner, bat in his (Scovilleis) opinion Guiteau
armed his mouey in this case, and there was
nothing whatever in the transaction TO his
Guiteau's) discredit.
The prisoner tried once or twice, and
inally succeeded in making himself heard
lie said, in relation 10 this incident: II
want to say, just here, the reason l had 50
ouch troutle in getting English out of Jail
vas that he was fraud, snd Winston and
he Mutual Life we're dead against him aud
i'd not want him to get out Of Jail. | had
II the money OF the Mutual Life to work
gainst in the sherifi's office, and | never
7ou have gotten ilim of If | had not hung
a the case like dog to piece of meat
hats the way do when l start on any
hing"
Scoville continued: Counsel parade here
he debts owed by the prisoner, aud attemp
D make much Of them in this chain they
re weaving"
Guiteau-I owe about $1,000 and / sup
ose that ought to hang a man. If these
eople will send in their bills now, I'll give