Savannah morning news. [volume] (Savannah) 1868-1887, 1882-05-12
ARGUING FOR GUITEAU.
Mr.. Reeds CoIIoquy with the Chief
Justice-The Points Ofthe Appeal.

The argument upon the bill of exceptions
In Guiteau's case was begun before the gen.
eral term of the Criminal Court Tuesday.
Chief Justice Cartier and Justices MacAr-
thur, Hagner and James were on the bench.
The prisoner was not in court. Charles 81.
Reed appeared as sole counsel for Guiteau.
The points made In his brief were these
No inquest was held upon the body of Mr..
Garfield by any Coroner or other officer Ia
the District of Columbia; the Criminal Court
that tried the case did not have Jurisdiction,
the evidence is undisputed that the death
| occurred in Monmouth county, New Jersey,
and 1t is the law, beyond question, that
where the mortal wound is given IN one
| county and the victim dies In another coun-
| tV, the person inflicting the wound cannot
be tried in either for murder, unless there Il
some statute to authorize it, and in this case
there is none.
Mr.. Reed proceeded to quote authorities
in support of this last point. When he
quoted Lord Bacon, the Chief Justice asked
il this was the old metaphysician Bacon.
Mr.. Reed replied that it was the same Bacon
who wrote the abridgement. A like quota.
ton from Lord Coke was alluded to by
the Chief Justice as ''a bald statement COM
ing from the grandfather Of the law"
''Who ought to be respected ~ Mr.. Reed
retorted.
"And he says" remarked the Chief JUS
tice with an air of incredullty, ''that the
blow is a fiction of law, when considered In
connection with DEATH"
Coming to another case decided by the
Supreme Court of Wisconsin. where the
mortal wound was given In Clark county
and the man died in Grant county, Mr..
Reed quoted this language: ''The offense of
mansiaughter did not consist OF the mere
shooting and wouuding the deceased" The
Chief Justice asked what there was in the
crime in that case that had not been COM
plete.
Mr.. Reed-I have tried to make myself
understood that the crime of murder is not
complete until the death of the victim.
The Chief Justice-So that the expiration
of a mans breath i'e GrticltLo nlortis is a part
of the offense, is 1t?
Mr. Reed-So says the law. am not
responsible for the decisions that l have
read, and they are certainly from respecta-
BILE authority.
The Chief Justlce-Yes, as respectable as
their reasons make them, and no more.
Mr.. Reed-That is matter for your HON.
ors to dispose of.
The Chief Justice-I would like to have
you tell us, or any of these learned Judges
that you are quoting tell us, what part of
the offense remained to be completed after
the man had got through with doing all
that he could to kill another-he doing to
him that which inevitably would kill hime
Whether there is anything in the fever or In
the short breath or in the last strsngulation
that enters into the aggression on his lifeG
Mr.. Reed answer you in the language
OF those distinguished jurists whom have
read, who are far better able to decide the
question than l am. They say that the
crime is not complete until death occurs,
and that the death must occur in the juris--
dictton OF the court that tries the case.
The Chief Justice-Why not leave it on
the sensible ground that a homicide who
has committed murder shall not be tried
save in the place where he exerted the vio-
lence, and let 1t rest on dogmatism and not
on an attempt to reason about itH
Mr.. Reed-H your Honor calls It dogma
tism, and rests it on that, am satisfied. l
know that 1t is technical, but technicalities
may become substance, and a necessary
substance, for the protection of life and
liberty. 1t is the law to-day throughout the
civilized world that to constitute the crime
of murder the victim must die within year
and day. II Mr. Garfield had lived thirty
minutes beyond the one year and one day,
Guiteau would have been saved, absolutely,
with the armor of the law about him. That
is technicality, but 1t is the law. If that
is technicality and yet the law, is not this
question of the Jurisdiction of the court a
more grave technicalitY? Your Hcnors are
bound by these decisions. Guiteau and N.Y.
self are not responsible for this omission OF
the law. Neither are your Honors.
The Chief JUstice-What has been
omitted?
Mr.. Reed-Congress has failed to provide
for the punishment of such case as this.
The Chief Justice-That Is all provided
for, is 1t not? A Judge comes in and says
that the offense was not complete. Whyp
Not because man has not shot another man
to death, but because he did not happen to
die In the place where he was shot, thus
making the effect of the crime part of it.
1t is the Judges who have made that law.
Mr.. Reed-Undoubtedly and the Judges
have made the common law.
The Chief Justice-I notice that your doc
trine grows stronger as you travel back into
twilight. l have noticed that all the WaY
through. Coke puts the proposition a little
stronger than any of them.
Mr.. Reed-Suppose there were not other
authorities on this question than those which
| have cited, would not your Honors be
bound by them
The Chief Justice-There is a sort OF logic
that merely mixes up the effect Of a thing
with the thing itself.
Mr.. Reed am not here to say what is
logic and what is not logic. / am simply
here to say what is law. There are a great
many absurd things in law, still it is law all
the same. Mr.. Reed went on to say that
twenty-six States of this Union have passed
statutes to remedy this omission in the
common law, recognizing the necessity of
legislation to cover the case. He also
argued that the day fixed for the hanging
OF Guiteau was not authorized by the laws
OF the District of Columbia, as he had not
been given all the time the law says he
should have.
In regard to Judge Cox's charge to the
jury, Mr.. Reed excepted to Judge Cox's
declaration as to the doctrine of reasonable
doubt. He complained that Judge Cox's
instructions on that point were so involved
and mixed as to be beyond the comprehen-
sion of twelve ordinary men.
The Chief Justice-Unless they were
fools they could understand that; could they
note