The Evening critic., 1882-01-26
Preparing 20 Charge the 5ury.

Preparing TO Charge she 5ury.
Judge Portcr's announcement that he
would conclude at 3 o'clock, set the specta-
tors on the qm rirc for the charge of Judge
Cox to the jury, which, it was understood,
would be delivered before the court ad-
journed to-day. AS o'clock drew near,
eyes were frequently directed toward the
clock, and the prisoner and his counsel
indicated that they anticipated the coming
of the all.important period with anxiety.
Guiteau became more and more demonstra-
tive and talkative rs though to create n
last impression, as to his mental condition,
on the jury.
His interruptions of Judge Porters con-
Guiding remarks were many, and he wrig-
gled out of the hands laid upon him by his
guards, and forced his presence before the
jury. There was q perfect silence when
tie Court prepared to deliver his charge.
Every eye was turned upon him, and a
smile of relief and qualification settled on
the features of each Juror as though that
patient body Of men who had sat through
it all were glad that the legal fetters that
bound them together would soon be sew
cred. A glance at the jury created an inn
preston that at least nine of them were
For Instant Conviction,
but there was that about the appearance of
the other three from which no direct as
sumption could be drawn. Altogether the
prevailing anticipation was that the jury
were prepared to cut matters short, when
the crowd settled down to hear Judge Cox's
| final instructions.
Judge Cox's charge was lengthy. 1t COW
cred large mass of foolscap paper. He
read from the manuscript, pausing now
| and then to make more particularly clear
to the jury certain difficult points. His
delivery was clear, distinct and grave, aud
thoroughly comprehensive.
| Guiteau WINGED when the Court purged
the record of what he had said as to the
sentiment of the press and public being
with him. He followed the Court closely.
Judge Cox's Charge
| in substance was as follows:
Mr.. Scoville asked that the Court post
pone the delivery of the charge until to-
morrow morning, in order that the counsel
for the defense might consult.
Mr.. Porter and Col. Corkhill objected,
and wanted to go on if the jury were pre-
pared. Several jurors eve are.' This
created sensation, and the criers were
forced to demand silence several times.
The Jury Ready.
His Honor said that he was prepared to
charge the jury. but would like to know
their views. 1--WE would like to have it,
said Juror Langley.
A short consultation was then held, and
Foreman Hamlin announced that o ma
jority ofthe jurors would like to have the
charge tonight.
At this announcement the sensation in
the courtroom was renewed, but was
promptly checked. The curtains were
raised and the Court prepared to deliver the
charge
His Honor said that the Constitution of
the United States provided that in all
criminal cases the criminal should have q
speedy and impartial trial and the benefit
of the process of the court, which was done
for his protection and the protection of in
nocence In this trial they had been wit
nesses whether these privileges had been
bestowed.
If guilty, no one less deserved them more
than he, and if innocent no one was more
entitled to them. He made note of the
fact that the prisoner had repeatedly stated
that the public press and the people were
coming over to his side and indorsing his
act. These outbreakings were beyond re-
preston Dy Ine court,
Unless GaGaing Was ResOrted TO,
and the Court did not wish to resort TO tina
course.
AS the trial progressed, and when tn,
Government came to argue it, they pro
| tested that those assertions should not b
permitted to go to the jury as facts anC
proceeded to contradict their truth. III
had, in considering the question, deemed i
best to tell the jury that they must Civ,
no weight to the statements on this subjec
from either side; but he hardly deemed i
necessary, as they themselves should be abl
by this time to judge what was testimon,
and what was not.
With us murder is committed when don
by person of sound mind with malice
aforethought. But this did not mean tina
the offender had any special ill-will against
the deceased. The cause might arise from
other causes.
No Malice Af0rethought
would reduce it to manslaughter Their
was none of that shown in this case.
The jury was to find for murder or limo
cence. Insanity in this case had been mad
the burden for the excuse for the crime.
the jury is satisfied that from the evldenc
there was any reasonable doubt, the de
fendaut was entitled to the doubt. Th
Court then gave an idea Of
What Constituted Reasonable Don't bi
ana said that it was not actually doubt a
to his guilt, but whether he had reasona
bly, been proven guilty. All that a jur
, could be expected to do was to be morall
| certain of fact declared by their verdict
. He then referred to a ruling of Chief
! Justice Shaw on that subject With regar
!, to this case, with one exception, very littl
comment was necessary by the Court othe
) than on one point.
> The shooting was Admitted,
!, and evidence had been rendered TO sho
that the prisoner, in his own handwriting
! admitted the shooting, and that he delibe
ated over it six weeks before it was cor
, sumnated, and he had little doubt thi
they would have any trouble in finding th
facts as claimed in the indictment, except
ing it might be the one of the prisoner bein
1t in sound, controlling and Il responsible
mind.
The Difficult Question
was the defense Of insanity, which la
been so much abused and east into di
credit. Nevertheless, when insanity wi
properly proven it was perfectly creditabl
> The Court detailed various phases of il
sapity, from partial, emotional and 9TH
a types.
Ii must be borne in mind, however, thi
n a man was not always to be declared irr,
spOnsible for crime because he was partial
4. | insane To prove q crime in such a case