The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1882-01-11
SECOND EDITION
JUDGE COx'S RULINGS
He Decides Generally Against the
Propositions Set Up by
the Defense.
JUDGE PoRrER's scATHINe REVIEW
OF THE CASE, IN WHICH
GUITEAU OFFERS MANY
OBJECTIONS.
OBJECTIONS

GUITEAU OFFERS MANY
OBJECTIONS.
WASHINGTON, Jan. 10.-Immedl-
ately after the assembling of Court
this morning Mr.. Porter took up the
argument on the part of the prosecution
upon the prayers presented. "Under
ordinary circumstances" he said, u
should not presume to add a single
word to the mastery argument sub
mitted by my learned associate but
there were some considerations he
had not the opportunity fully to pre-
sent.
Judge Cox decided that the case was
entirely within the jurisdiction of his
Court, and that the test of insanity
was whether the prisoner knew right
from wrong.
eUITEAU's FAITH IN THE "sTAL-
WARTS"
Guiteau-The fact is that the stall
warts are coming round to my side
very rapidly.
Mr.. Porter, passing on to the ques-
ton of reasonable doubt" presented
a compilation of authorities on that
point which showed, he said, that In
the eighteen States from which the
authorities had been collated, the
courts had reached the conclusion that
the burden of proof was on the prlsoo
ner to establish insanity, and not only
that, but if it be left in reasonable
DOUBT, that does not avail the priso-
ner. He must demonstrate that he
could not distinguish between right
aud wrong.
Guiteau-That is not the issue here
but whether my tree agency was de-
stroyed-whether was overpOwered.
Mr.. Porter-That is whore the priso-
ner differs from the courts, and differs
from the law.
Guiteau = l do not. That is the
law.
Mr.. Porter-When he and Mr.. Sco~
vile announce, the one the gospel
according to GuiIeau, the other the
law according to Scoville, l submit
that our Honor is bound by neither
OF those new dispensations. You are
to declare the law as it existed on the
day of the assassination.
GUiteau-L want the law and the
truth, and that is all that do want.
Mr. Porter, passing on TO criticism
of the prayers of the defense, was inter
rupted again by the prisoner saying that
there were in the Bible thirty eight cases
of divine orders to commit murder.
Mr.. PorLer-He swears that he be-
lieves in the Bible, although | do not
believe his oath. think that he nc
more believes In God than do those wit
nesses who mountaineering in his name
shrunk from the aVowal Of their faith In
the existence of Creator.
Guiteau-You are working for your
$1,000. You had better get your money
anu 90 home.
REASONABLE DOUBT AS TO SANITY.
Still another view Is that the sanity oil
the accused is just as much part of the
case of the prosecution as the homicide
itself and just as much an element IL
the crime of murder the only differences
being that as law presumes every one
to be sane 1t is not necessary for the
Government to produce affirmative eVi
dence of the sanity, but that If the jury
| 0ANO . Icd5OnhU10 OOuOh Va bIG Shu1b1
they are Just as much bound to acquit as
If they entertained reasonable doubt
of the commission OF the homicide by the
accused. After q careful examination oi
the authorities, some of which are mere
dicta and others not well considered or
even consistent staten ents of opinion,
am satisfied that the best reasons and
most weighly of them sustain the views
which | now proceed to state. | shall,
however, adopt the suggestion which Is
found in some OF the later authorities
that is, not to instruct the jury to acquit
if they feel a reasonable doubt about
any one fact in the issue; but shall in
struct them as to the nature of the crime
and as to all the elements composing It,
including that of responsibility. shall
instruct them as to the presumption OF
innocence and sanity, land shall tell them
finally that, on the whole evidence and
on the consideration of both those pre-
sumptions, if they have reasonable
doubt of the guilt of the prisoner, the
prisoner is entitled to an acquittal.
THE SUPPRESSION OF EVIDENCE.
The tenth and eleventh instructions
aSk6u LOT Oh tuo pdEL oA bno uOAoASe
do not involve any serious question.
The eleventh instruction asks me to
say that, ''if the jury believe from the
, evidence that the prosecution has will.
, fully suppressed evidence of the men,
tai condition of the prisoner during
two weeks following the shooting oi
President Garfield which it was in
their power to have produced in the
trial, the jury have right to take
that fact into consideration as pre-
sumption that such evidence, if it had
been produced, would have been un-
favorable to the prosecution"
At the conclusion of Judge Cox's
decision Guiteau said 81 am salts
fed with the law as laid down By
Your Honer.'
THE ADDRESSES TO THE JURY.
Judge Cox then inquired as to the
probable time that would be consumed
in the argument to the jury.
, Mr.. Davidge said he would request
three or four hours, possibly a day
Mr.. Reed said that he would require
about the same time. Mr.. Seoville
} said that as he would have to sum III
the evidence he would require at least
two days. Guiteau said in tone o.
perfect confidence that two hours