Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-10

FOrcible Ma1ner-.Dav1dge and Cork.
hill Reply at Length--Scoville and Porter
Join in Hot discrimination.
i WARRINGTON, Jan. 9.--Guiteau arrived al
the court house about $50 and was taken to
the waiting room. He appeared rather
nervous and his ceuntenance indicated anxiety
When he had taken his seat in the dock he
glanced around stealthily over the audience
and Immediately began harangue directly in
tended for the jury. 81 have received" he
said, ''some 500 letters, great majority Of
them from ladies. When l get time shall
attend to them. want to send my greetings
to the ladies of America and thank them fol
their sympathy. They don't want me to be
hanged. Public opinion is fast changing.
received, Saturday, check for 81 900 from The
stalwarts of Brooklyn and another for $500
from the stalwarts of New York. l want this
jury to understand how public opinion is on
| this case.'
A bailliff here tried to silence him, who he
| turned upon in the most vicious manner, and
shouted out "You keep quiet, and mind your
own business, don't interfere with me when
am talking, If you had any sense, you would
understand your place."
With the opening breeze the proceedings in
due form were begun, and ScOville resumed
his argument.
| sCovILLE's ARGUMENT.
Scoville proceeded without interruption for
an hour. His remarks were listened to with
marked attention. He laid stress upon the
proposition that insane men if they knew the
difference between right and wrong would for
that reason conceal their plans, and that the
benefit doubt should attach to the plea of in
sanity where raised with the same force as
when urged in connection with commission
of crime. His allusion to Judge Davis
who went out of his way, he said, to pass
upon something not included in the case he
was then considering, brought Judge Porter
| to his feet, with an indignant reply that the
charge was false.
| ScOville retorted the opinion of man who
sat on the same beach with Barnard and q
Cardoza, should not be received with much
| consideration.
| Judge Porter with even more vehemence,
reiterated that the charges of counsel was alb
solutely false, that Judge Davis never sat on
| the bench with either of the gentlemen named.
! If an honorable member of the federal jndi-
ciary is to be put upon trial here, 1 demand
said Judge Porter, that the record be produced
here upon which this base charge is made.
| Scoville insisted that when style of pro-
ceedings best suited to police court were in
comment on them as he deemed fitting. He
| should not be frightened by the tragic utter
ances of Judge Porter. He had heard the
| same notes years ago from owls at night in
| the woods of Ohio.
Guiteau laughed and called out sneeringly:
''Thats very fine speech, Mr.. Porter
Davidge protested that not five minutes had
been devoted to the proper scope of argument
| and the court warned counsel they must abb
stain from personalities.
Scoville concluded his argument at II
o'clock. In conclusion he said he desired to
make few remarks of personal character.
Abiding to his controversies with Judge POr-
ter, he disclaimed any intention of transgress-
ing the bounds of propriety, or the rules of
practice, but he should crticise the conduct
of counsel when it merited criticism. and
threats of the prosecution would not intimi-
date him. Citing the custom of counsel upon
the other side of bowling to the jury upon en-
terng, Scoville said. sometimes it is three
bows all around, sometimes more-never less
than three. 1t has never been done by coun-
sci upon this side, and do not hesitate to not
apologize for him. Recess.
PRACTICAL JOKES.
Scoville says the drafts for sums amounting
40 81 500, received by Guiteau Saturday, were
worthless, and sent by some practical joker.
It is not the first time such thing has hap
pened during the trial. ScOville himself has
had worthless checks sent to him, one for
$500.
AFTERNOON SESSION.
After recess Corkhill stated that he had not
expected to speak on the legal points relying
upon assurance of defense that the question
of Jurisdiction would not be raised, but as the
last two prayers of defense distinctly made
that issue, he felt it his duty, as prosecuting
officer of the government, to address the
court upon the question to which he had de-
voted much careful consideration. He then
proceeded to read from printed slips an ex-
haustive argument upon the subject of juris-
dictlon. The argument occupied the attention
| of the court one hour.
DAvIDGE
then addressed the court upon the general pro-
positions contained in the prayer. 1 do not
deem it necessary, he began, to advert to the
question of jurisdiction at this time.
ga very wise decision, ">piped in the pris-
oner.
Davidge then discussed the question of ma
lice, which he said, in its legal sense, meant
intentional doing of wrongful act.
Davidge discussed sereatim the prayers OF
the defense and pointed out their sophestries
and inconsistencies. The object of the prose
cution, he said is to obtain from your honor q
plain, clear and direct ruling upon 1Our dis
tinct propositions. The apparent object OF
the defense has been to befog all that may be
clear in this case in the vain hope they
may get to the jury with some uncertainty at
tached in some way to the close upon which
to build up plea for acquittal. Why, your
honor, in The course of thirty years practice,
have never seen such prayer as this one
offered by the defense. 1t has no justification,
it has no excuse. We don't want obscurity
in this matter. We want light. We don't
mean to let the prisoner escape in a cloud
but we want from your honor clear and
perspicuous ruling so that twelve average
men sitting upon jury cannot possibly sc
astray.
Davidge severely handled the eleventh and
twelfth prayers of the defense and character
lied them as mean attempts to cast aspersions
upon the experts who had testified for the
prosecution and upon counsel for the prosecu
ton themselves.
The prisoner followed the argument with
the closest attention and INDUCED in frequent
and noisy comments.
Davidge concluded his argument at five
minutes to 3 o'clock. The court then adj
ljourned till tomorrow morning.
Judge Porter will make the concluding al
gument Immediately upon the opening OF
court, after which Judge Cox will render his
decision.
Cut Direct.
NEW YORK, Jan. 9.-The manifesto recently
issued by some western railways, against the