New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-11
JUDGE PORTER'S SARCASM AND DENCNcIA-
TION.
lBY TRLeGRIpIt ~ THE TRIDU';r

made, ana nothing now remains except the ai8d'
ments to the jury, the charge Of the judge and tie
verdict. The Court adjourned for one day to give
Mr. Dayidgc..w who viii open for the prosecution, an
opportunity to review the evidence that ths
speaking will hardly be concluded lef0re Tuesday
next
Judge Portcr's speech this morning was a refresh
ment to those who having been compelled 10 sit for
weeks in the shadow Of Guitcaus magnificent self
appreciation and listen to his own eulogcs Of hla
self aud see him distributing his autograph 70
grateful populace, were now more than ready n
hear some positive views on Guiteau from soEs
other source than Guteau himself Judge Porter
evidently only with the idea Of discussing oEs
or two law points but the Interruptions of tho
prisoner so impudent and persistent that Es
was led sometimes into a sort of dialogue with tha
assassin, In which his Interruptions were turnsd
against him with telling effect Judge Porter todA
occasion to punish Mr.. ScOye for some of hs
insults. 1t was pretty severe punishment but ID
was not undeserved. The first shaft at Mr. Scoyla
came In the opening sentences, when he said that
Mr. Reed had shrewdly chosen To argue the orlY
| two points in the case Of the defence worthy Ok
serious discussion Those LETT TO Mr.. Scovillc in tbs
partition were such as required a" Guiteau cduca-
tlon u familiarity with tho law learned in tes
police courts and school Of manners and morals
cultivated among the hootiEg owls Of Western
Ohiov These last clauses were in allusion TO VIZ.
Scoyillc's own remarks of yesterday.
| Some of the dcnuucatOns were dramatic In
arguing tie question OF malice, which IN law Wa
! simply generalization, Judge Porter said: Ihe9s
| have been many murders without such malice, 13s
the murder Of Garfield raising his voice and look
ing toward the assassin" was not one Of theH.'
Guiteau who was busy writing on his speech, part
of nhich he brought into Court with him in part
| & In IL
piled malice, Judge Porter described graphiessly
tno lying IA watt and the anteccdent mcit-
aces " of the murderer, telling him. with Slowly
shaking finger, that he would soon feel diTas
pressure In tho form OF the haugman's rope Ozso
| when the interruptions were especially n0iys
! Judge Porter said addressing the bench, His tine
Is short and since you content TO abide his n
! terruptions, am. They will soon be silenced ~
| the law which he deEes.' In denouncing GulteAas
| nsoeut belief that such men Gs Senator Conklizg
! and President Arthur who were then eUlogize6 in
glowing words, would protect him, Judge Porisr
| sketched in a few words what would have bsa-
pened if one Of them had seen Guteau draw lis
pistol to shoot at the President. There was
rrcprcssible rumble Of applause here but Guiteza.
| nothing daunted, shouted out that the Stalwasts
and all decent people" were coming over TO As
side.
Once Judge Porter referred to Guiteau as hayGs
sat at the feet of this Gamaliel," pointing to Hr.
Scoville, and again called HIM this pupil Of 500
vile.p
Guiteau, without raising his eyes from lis papsr.
forced little laugh " la! ha! that's good OSe.
| amt it First timo ever know Vas ScOviiles
pupil. Ialways thought Scnyille was my pupL'
At one time when Judge Porter was shakingsis
finger slowly at Mr.. ScOvie and looking fuu AZ
| hun an explosion from Mrs ScOvc seemed mD.s-
nent She was sitting beside Mr.. scoyile IN tsa
| range Of Judge POrters eye, and was heard to ex-
claim several times that he was looking right az
| her She was greatly excited, but her husband
| succeeded in calming her. The climax OF judge
| POrters speech was arranged WIN great art @ 1 ~
| always Is. He lntlmateG that lie knew why Osio
was out Of favor with the counsel as wei as WIN
| the prisoner He had referred him TO Jndss
| Paynes decision on we-hnOwn Insanity .c2sc.
| lie read portions OF TINS ana theh tcad VIA
| soemnty General GaF6elds letters 10 Judge PayEa
| thanking hIm Tor thus protesting against ma
fashion of aCqultas on the ground OF lDsanlty no
added, in a low voice, that General Garfield llttlo
| thought that when that letter was hrst read IN
court OF justice 1t would be upon TIC ttIai OIL his
| own assassin and there closed.
Justice Cox occupied nearly two hours IN reauin8
| his decisions His clear and exhaustive presenta-
| tiJn of law was heard with eager attention IGs
discussion of the question of iurlsdctlon was espe-
clally elaborate lie founded theltrlsdlctOn OF taa
Court not upon the Federal statute, but upon whss
| he called common sense construction OF ths
! common law, which was that q murder is com
nItted where the mortal stroke Is gwen, no matter
whether death does occur IN another JURISDICTION.
|
fence and enlarged the prayers OF the prosecution
| so as not to make the test OF responsibility SIMPLY
knowledge of the law, but 10 iod, in substance
! tnat where man. knowing the law, was neverthe-
less So overpO Eered by an insane delusl0n That 40
believed il be morally right To break the law hs
| could be regarded as Irresponsible
The District Attorney atterwdrd expressed gTeat
satisfaction with Justice CoXs decisions, saying
| that they settled the case.
THE FULL REPORT OF PROCEEDINGS.
WASHINGTON, Jan. 1O.-Immediateiy after
the assembling OF the court this morning, Mr Porter
proceeded to close the argument ON tue part oI tho
prosecution upon the prayers presented.
Under ordinary circumstances no sald' should hos
presnne 10 add single word to the mastery argument
phrted by nv learned associate bat there soma
con hlcratons he had opportunity fully 10 present
Amer the arguments which have been made On the
other side 1paudng much the Held Of discussion,
traversug many topics tnat did not seem either 70
NV associates OF ne bo properly within It's range
should Doe falling the duty with which au bound 10
the Government by official oath II failed 70 prosent
such ,upplrmcutury considerations a. accemed 10 %
called for by the pursued on the other SIDE
mink that your Honor viii 10 the justice 20 aythat'
If hero has been disorder in this n there has been
opeu breach of the and dccorum II there has oeen
time IN July occupied t has not been by our procure
.nt: for AL that we have done has been 10 present 10
cs-. of the Governments the facts "Lich nave ooeN
! furnished To- us by Jurisprudence a. u ne Jaw
! N, H,,d in opening the discussion, made lawyer
Ike ar-uurut only two propositions WhVn u"N -
color of FEASIBILITY. lie was wise IN the paI'''io '
b-ty,,n MIA and associate of the topics WHICH ',
+ ,.,t,y.Jy discussed lie knew that those which 40
-, r.,,t,,.i I'M, lawyer ami that those whioa
No., ,,.c,,..,d by ms associate required Giuteau eu"
-. f,,,,l,,rtfy with tho law OF the police eou'.'
/ , e.o.l of u,auuels aud moras culti'ated-@S 1u'