Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-17
FOR THE DEFENCE.
Scoville Occupies the Entire, Day
n His Argument, {"
And Court A&ourns Without Concluding
Continued Interruptions by the Prs
oner-He Spares Neither His
Friends Nor His Foes.
A CLOSE BUT USINTEREsTlNG REVIEW.

cosrt was formally opened. Scoville began
his address to the jury by confessing his
unfamiliarity with the modes of practice in
criminal cases. All the defence asked for
was fair, candid, impartial weighing of
the evidence by fair and candid men. Coun-
sci would attempt no oratory because he
was not equal to it, and because he would
not do ii If he could. He would address
himself simply to the reason, judgment
and intellect Of the Jury. Oratory, elo-
quence and appeals to passions he would
leave for the counsel who would follow
him. Judge Porter, land he, desirea tn.warn
them that in the efforts OF the learned
counsel Judge Porter) to eYpound the law
or explain the evidence, he would inyaria-
bly, seek to influence them Through their
emotions, to touch their hearts and sway
their sympathies rather to
Convince the Judgments.
do not care to complain, although | do
not think, as counsel in the conduct of
this case, have been treated with fairness.
Personally care nothing for it; but when
it Injuries the cause in which my efforts are
enlisted, then must complain. hold in
my hand an indictment for conspiracy,
which have framed in my mind, and the
object of this conspiracy was 10 hang the
prisoner" Scoville proceeded to meme the
conspirators: The District Attorney,
Judge Porter, Mr.. Davidge, and five OF the
Government experts, namely, dOctorsG Gray,
Hamilton, Kempster, Mcdonald and Wors-
ter. The counts of this indictment twen-
ty in number, are First. They have
Perverted the Law
in this case. Scoyille in illustrating or in
support Of this count, alluded TO the intro
duction. by Judge Porter, OF the decision of
Judge Davis. He said: THE counsel
upon the other side Indignantly reprdiat-
ed the suggestion that Judge Davis sat
with Cardoza or Barnard but have yet to
learn of their having ever committed a
more reprehensible act than that OF Judge
Davis ScOvi(le warmed up with the
subject and denounced, in severe language,
the extra judicial act Of Judge Davis.
Had newspaper been guilty OF such
bolG-faced attempt TO influence decision
in a pending cause. the editor would have
heen subject 10 arrest for contempt
Judge Porter-Don't let us turn this
court room into town meeting.
SCOville resumed, and was soon interrupt.
ed by Davidge, who, with some impatience,
said: "Oh, no: no; Scovillc, that's not So
SCovi..e-You may interrupt as mueh.a as
YOU please. | shall not be deferred from
saying lust what believe 10 be the truth.
Dayidgc-Well, well; I'll not interrupt
again, say what you may.
Guiteau-That's right. Judge: you keep
quiet. You talked for two days aud didn't
say anything, either. Now give some one
else show.
ScoviIle continued: When Judge Por.
ter comes before, this jury aud undertakes
10 pcrvcrt evidence, ! shall not keep quiet
as did with Dayidge, but
IT Shall stop Him.
Guitcau-So shall |.
ScovIlle-I shall stop him, aud j shall
correct him il find he is misstating owl
denCe.
Guitcau-Never mind; Tll'attend { him.
Judge Portcr-There will be two Gui-
teaus, then. to attend to me.
Scoyillc-The prosecution states that ii
the prisoner knew the act was wrong, on
the "a of July. then he should hang. Now
this is not by any means the whole of,it, or
a correct statement OF the law. The court
added in substance, as follows: Yet, If
in this act, he was overpowered by q. con-
sCiouSncss coming through his diseased
mind. that what he was doing was necessa-
nv for the good of the countay and was spe-
Cially approved by God, then you caa't
Convict Him OF Murder.
Continuing, Scovile said
The second count in the indictment Is
perversiOn OF testimony, and he proceeded
10 sustain this count by reading from
Dayidge's speech and comparing it with
the testimony.
oh. that's ior money" called out Gui-
tcau. He is paid for that. He don't he
lieve il. Scoyille contended that the facts
in the perverted and particularly evidence
as TO the immortality OF the prisoner the
only allegation that will hold against him
is that OF adultery.
Guiteau shouted out How many inno-
l.. fEN IL R.nT Irf
ROOM" And he added, mot one" A
moment later he called out, | don't care
to libel christian people, but want TO be
recorded straight. | say high-toned, chris
tian men and women are yirtuous, but the
mass of mankind are not. Let that go on
the records. As Scoyile paused Guiteau
raised a laugh by calling out, amt that
pretty good place 10 stop. Scoyille? It's
most half past twelve. Let's have recess.
Recess was taken for thirty minutes.
Porter stated that he would be unable,
owing 10 the condition Of his health, to re-
main this afternoon, but he desired Scoville
not to abstain. for that reason from saying
ANYTHING he desired TO say
After Recess
Scoville proceeded TO point cat to the jury
what hS terE,ed peryersionsoi the evidence
by Dayidge. Judge Porters seat was va
cant. while the District Attorney indicated
bv his appearance that he wished his
was also, Scoyille having intimated that
he desired 10 criticize the conduct oi
the District Attorney, as chief partner IN
this wicked conspiracy, las alleged by him.
to hang the prisoner, but would not do so
in his absence. as ne was not in the habit OF
saving things behind ones back, Col.
Corkhill was sent for by his brother coun-
sci, and he reluctantly came into court;
abandoning the rest ha was seeking. II
havn't," he said. the slightest interest IN
anything he may say against me. HOW
ever. will come in and gave him an OPP
portunity TO abuse nle.
Seville dvelt at pyeat leagth upon what
Davidge deemed Innaterial matteE. and
the latter remarked a disposition ot the
counsel 10 consume time needlesSly. Sco-
vile retu-ted that he did not propose 70
have matters OF fact, which were contained
i'm the record, 90 before the jury
wufsIiy Perverted.
or envsloped in. artificial security
Gui.eau-That's right; stand By the re-
cord. Davidge would bettos. read my
speesh. II IS published in all the leading
narkrs of America, this TaerIlng, and
takes up a whole page.
Scoyifle attacked the theoy.of the pros
| esution thu. il was the prisrers own IN
nate or acquired deprayity that naturally
| led up to the killing Of tih President. and
| discussed at some length. tha evidence.
bintruduced by them 20 Slo1 instances cI
the prisoners neanneSs, and deprayisf
This evidence, said Sssgiiie, has, In a.
| most every instance. baen. perverted he
| he then alluded tn the a.idence relatiIS u
| the prisoner obtaining money from kay.
DIR. Macarthur and siItig his note .os ~
| when 6uiteau observed, III McArthlr viii
| seud his note down !. III cash II now.
Scoyiile contin9ed-"They brought Q
man here at a. expense OF Sil9 70 nov til'
| moral turpitude sf tbs prisoner, and VIVA
Was the effect Of his evidence
Guiteau-'Ts proye pay ms debts
scoviile-"He testified Gnitasu pad hDI
thirty Dollars ior desk, Just. what he ef'n
tracted {o pay him, and that's all there va
in his 4 sstimoay to sh""
Moral TurptAsde
scoville reviewed the incident o! Gni!sal
getting English out of Jail in New foss !:
the r!osscution laid great stress upon I'M
incideat as showing The ra?oality Q; "a