Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-16
FOR THE DEFENSE.
Argument Of Col. Reed iH Behalf oS
The Assassin.
A Fair Statement Of the Claims Of the De-
tense - Guiteau a Poor Unfortunate
lunatic Whom itWould be Crime
to Hang.
GUlTFAU NOT TO SPEAK TO THE Jury.

to Hang.
GUiTfAU NOT TO SPEAK TO THE tuRY.
The conclusion of Col. Reeds argH-
ment on Saturday, leaves but two
speeches, that Of Scoville for the de-
when this long and interesting case will
be given to the jury. The questions
arising in the case have been fully dis
cussed, and the judge presiding has an.
nounced that he would instruct the jury
to acquit ifthe jurors were in doubt as
to the commission of the crime, as
charged, by the prisoner. There is a
little more in that qualification "as
charged" than appears at first glance.
The Judge might charge the jury that to
convict they must be sat isfied of the
prisoners guilt beyond all reasonable
doubt, or that they must be satisfied
beyond q reasonable doubt rs to
each individual element Of guilt.
The. judge will charge in the
former and more general form,
and thus will lessen the importance
of the question of sanity; that is, being
satisfied of the commission of the crime,
substantially i'm the manner charged,
they must convict, even though the
prisoners mental condition may not
have been fully proved either OH one
side or the other. In the latter form,
doubt as to any particular element OF
the crime would have q greater force in
determining the verdict. The commits
sion of the crime being proved, it is to
be inferred that Judge Cox does not re-
gard il as essential that the prisoners
sanity should be proved, leaving it to
the defense to establish insanity IL they
can or take conviction. If the object
for which criminal court exists is to
punish criminals in behalf of the pro.ec-
ton Of society, this is undoubtedly the
proper view to take; the wrongful act
having been proved, let the wrong-doer
show good cause whypunishment should
not be inflicted.
WASHINGTON. January II. - Guiteau
opened the days proceedings with the fol-
lowing: IL received thirty checks yeSter-
day, representing about $4,000. Some OF
them, suppose, are worthless, and many
are. no doubt, good. l don't want any one
to send me worthless checks. do my own
banking business and my checks should be
made out TO my order. Amy one who de.
sires to send me money can do so, but l
don't want any worthless checks.
Mr.. Scoyille addressed the court, and
stated that he desired to know whether the
prisoner would be allowed to
Speak In His own Defense.
If the court proposed to accord him that
privilege, both he (Scoyille) and Reed would
prefer that he should speak first.
Guiteau-'I want TO be heard on that
question, your honor. went to close the
argument for the defense. would not
trust my case in the hands OF the best law
yer in America"
Judge Cox-I should be 10th in \ capital
case to deny any man proper opportunity
to he heard. even il he is represen ted hg-
counsel, but IN TINS case llls Salc 70 nSsu',ie
has done all through this trial, and, rs what
he would say would be
Highly Improper
10 90 before q Jury, shall therefore deny
him the privilege. As | said yesterday,
however. If his counsel desire TO read from
his manuscript anything which they deem
proper to be laid before the jury, they can
do SO.
Guitean protested that he appeared as his
own counsel, and claimed the right, as an
American citizen, to be heard in his own
defense. Finding that Judge Cox could not
be moved, he shouted: "Lcs the record
show that | appear here rs my own counsel
and that ! take exception 10 your ruling,
Judge Cox. / shall appeal to the Ameri-
can people, and they will over-rulo you,
and you will go down to future ages
with
Black stain Upon Your Name"
Judge Cox made no reply to this TRADE,
but simply nodded TO Reed to begin his ar
gumcnt.
Reed then rose to address the jury, on
behalf of the prisoner. He commence1 by
paying compliments TO the jury ior the se
riousness, solemnity and care which had
characterized it during this long trial,
trial unparalleled in the history OF crimi-
nal jurisprudence. He should not endea-
yor TO make any statement of evidence, or
TO draw gilded picture OF any scene, but
he would simply talk with them As be-
tween neighbors. Mr.. Dayidge, OF the
counsel for the prosecution, had occupied
two days in addressing the jury, and that
effort and consumption Of time on his part
showed the
Grave Apprehension
felt by the prosecution lest something
might have appeared in the case which
would make the Jury say this poor man
was n lunatic and irresponsible. Any one
of YOU, who. after solemnly and seriously
considering the case in the jury room, feels
that he has . fair. honest doubt as u the
sanity of this man, it is the duty OF that
Juror, before his Maker TO say, Il cannot
find him guilty" II any one man ieeis
that way the other eleven have no right TO
dictate TO him. All ask OF you Is 70 be
men. to be moral heroes, who in the face
of calumny. in the face Of persecution, IN
the face OF even death, will do what is
right BE such, all OF you, and shall he
satisfied: but any man who falters on that
auest;on is unworthy of the name OF man.
Christ healed lunatics, but this prosecution
says,
"Put Him 20 Death
"The American people say let him CO.
interrupted the prisoner. Everybody ~
on my side. o,.,
verse" continued Mr. Reed, ARE these
words And his fame went through all
Syria, and they brought unto him all SICK
men taken with disease, those that were
possessed Of devils and those who were
lunatlcs, and tnOSe VINO nhu pussy ohn -.
healed them This prosecution says, "kuI
him! Hang Him! He is wretch
Counsel then went on to skStch the MS
tory of Guiteau from childhood, After
leaving the Oneida Community" said Reed
asoon the germ Of insanity was seen. Ar.
Reed continued: "He wrote two letters to
his father and no man could say that they
Contained no evidences Of insanity Tht
letters were then read 70, the jury.
large number Of medical experts, con
timed counsel, "were examined BY tn
government, but only thee swore that th'
prisoner was playing Pszt or
simulatineE Issanity.
II ON such a vital point the experts disa
creed. what was thein opinion vprti
"a 10 whether there wss arrangement 0
the mind or not?" 'it needs no expert,
cried Reed, ito SEQ thai the prisone, is IN
| sane and is nov a.pooz wandering mnatic
| I will venture to. say that you may rsi
| the State prisons Of the country apd yoi
| will not find in the entire number oil COZ
| yicts such face or eye as he So II 70
cannot. then. his is not the eye o. q cEini,
nal. but that of q wreck on tke pathway
| life. which he truly Is. Nature mover CAV
the look ho has. Ii cams tson d1seas'
which has crept upon him TIL 10 has af1e'
ted his vision. II he hsa moi shot any On
and had, never eommited any crime sl