Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-11
Holds the Audience Spellbound,
While the Assassin VIRTUES.
Judge Coz Decides Everv Point Of Law
Against the Defence
Court Adjourns Until Thursday.
WASHINGTON, Jan. 10.

morning when Judge Cox made his appear
ance, the great majority being new corners.
As Guiteau passed his brother he whispered
to him: Come over TO the dock, l want
To see you about something of great import
ance." Taking his seat the prisoner laid
down q large bundle of papers, and spread
ing out his manuscript busted himself look
ing il over Judge Porter began his argu-
ment sharply after ten. and at once fixed the
attention of every one in the court. Gui-
teau pretended to be engrossed in his manu-
script, but soon laid it. aside and listened
with wrapt attention.
Nothing like it has been seen or heard dur
ing the past nine weeks in the Guiteau trial.
As Porter reviewed the conduct of the pris-
oner and the conduct on the part Of his coun-
sell IN the court. the crime in all its hideous
ugliness was held up to the detestion Of his
hearers. the silence became oppressive and
the presence of the avenging Justice in the
near future, was suggested with q force Of
COW teton that swept from the court room
every vestige OF that levity which has danced
in attendance upon every uttersnce of the
prisoner. The prisoner WINGED and nerv-
ously twitched in his place, and for several
minutes was unable to say anything that in
any sense could approach to an interruption.
Gradually the prisoner resumed his usual
assurance and resumed his daily habit of in
terrupting with contradictions and denials.
For once, however, the insufferable impu-
dence of the prisoner was completely over
awed. and neither by his voice nor his abuse.
could interrupt or silence the avalanche Of
condemnation that swept from the lips Of the
| eloquent counsel.
''Ihe prisoner is mistaken, your honor"
said Judge Porter. ''if he believes by his I'M
seemly Draw ling he can prevent my voice
from being'heard by the jury. The puppet can
not be moved in such good time as when he
sat with his counsel, and by his outbursts
now he is fast tightening the hyngman's
moose about his mex" With q nervous
twitching of the mouth. Guiteau muttered ::
"Well see about that"
The heretofore audacious and wholly un-
abashed prisoner seemed i'll at ease and at a
loss to understand why his would-be sallies
| of wit or impudence wholly failed with the
audience, while the more severe bacame the
denunciation of the counsel, the more fire.
quent and marked were the demonstrations
of approval. Finally like q wild beast
| brought to bay, he yelled out:
81 staked my life on the issue, and I'm
willing to go to the gAllows tomorrow if it is
| the Lords will I'm sick of this bosh. Judge
Porter wish you would get your 81, 900 and
| go home"
In the course of his argument Judge Porter
| said, there had been questions that under the
new order of moral insanity of which Spitzka
was a disciple. There could be no malice
| where there is intense depravity, that where
this wickedness to such an extent as to con-
troll a mans actions aud to redden the hand
with murder and his conscience with guilt of
ircendiarism, forgery and arson, the father
| of us all has interposed shield that when
| malice is so intense it ceases to exist; that
when the will is mastered by instigation OF
the devil Di-ne shield of protection is
thrown over the criminal. The counsel for
| the prosecution did not so believe, they de-
| MED it was law.
The Supreme Court Of the United States
had declared the Law to be that criminal in
tent demanded an indictment was only that
intent which the law presumed from the
| atrocity of the act and from the circum-
tsances of the deliberation under which il
was committed.
Porter quoted at length from legal authori-
ties define to,the meaning Of the term malice.
| refs ring to the fact Of Guiteau's living in
wait for the President few nights before he
shot him, but being deferred by seeing the
President talking to MIR. Blaine. Porter
| said, His cowardice mastered his weakness,
he pocketed his pistol and waited for night
when it would not make him so that night to
escape from the pursuers of murderer"
The prisoner-'That is false, Mr.. Porter -
| II II it lie false it is a falsehood verified by
| tho oath of the prisoner. Four days after he
| formed his decision he gave Garfield one last
choice, and waited to know whether he was
or was not to have the consulship at Paris
and Blaine had rejected his application with
| contempt. He demanded the removal of
Blaine, aud added that if the President re-
fused it. You and your administration will
c me to grief" He did. his administration
did not. The President died, the government
| lives.
Mr.. Porter concluded his mastery argu-
| ment at LAO, by reading the now famous let
ter of President Garfield to Judge Payne, in
which he complimented and thanked him for
brushing away the net work of sophistries
with which it has Of late years been custom
ary to envelope the plea Of insanity when set
up in excuse for crimes.
Judge Cox At LAS began the reading Of
his decision which begins with q lengthy re-
view of the subject of Jurisdiction.
Judge Cox occupied IS minutes in reading
that portion of his decision touching upon
the question Of jurisdiction. He reviewed
the progress of the opinion, and cited all the
important rulings from the early days of the
common Law in England, and decided against
the prayers of the defence. He summed up
the question, That the jurisdiction is com
plete in the place where the wound is COM
pleted; consequently this court has full cog
nizance of the offence" Judge Cox next
took up the question of the legal test of in.
sanity. and decided that the know ledge and
appreciation Of the difference between RICH,
| and wrong must be taken As the correct test
Judge Cox concluded his decision at l. %.
having consumed an hour and FORTY minutes
with rsrh speaking. Upon every material
point his rulings we're directly against the
prayers Of the defence. The only grain of
comfort tor the prisoner was when Judge Cox
reached the question Of reasonable doubt up
on this subject, when he said:
II shall not charge the jury to acQuit If
they find a reasonable doubt a. to any one
element. bat I shall take into consider
alton, and charge them relative to all the ele-
ments, and that If from all the circumstance,
and the evidence, they have reasonable
doubt Of the commission. BY the defendant.
Of the crime, Is charged. then they shall ac-
quit"
A Judge Cox finished speaking. Guiteau
called out: Il am prefectly satisfied with
that exposition Of the law"
After consultation between the counsel the
court adjosrned until Thursday morning.
when Davidee will make the opening arm.
esas 10 the jssy fee The prsssessios.