The Portland daily press., 1882-01-18
The Plea Of Transitory Mania Set Up.

WASHINGTON, Jan. 17.-When the court
opened this morning neither of the counsel for
the prosecution were present, and at the sug-
gestion of Judge Cox Mr.. Scoville waited
few moments before resuming his argument.
At 1910 the District Attorney appeared, and
Mr.. Scoville began. He was at once interrupt
ed by Guitea, who had been looking over to-
ward the jury for some minutes in an anxious
or expectant manner "Hadn't better deliv-
er it now" he called out.
"Oh, yes," replied Scoville. 81 had forgot
ten" Then turning to Judge Cox, HE de-
sires, your honor, to prefer request that ne
be allowed to address the jury. L have looked
over the paper which he desires to read and
see nothing in it of an Objectionable charac-
ter.''
Judge Cox nodded assent and Guitea said:-
81 have written down what wish to say and
will read it. IT'S in regard to my speech" He
then read with considerable emphasis:
/ intend no disrespect to this honorable
court. l intend no controversy with this hon.
orable court in general. / am satisfied with the
law as propounded by your honor, but have
suggested still broader view which ask your
honor to follow. To wit, if the jury believe that
[ believe it was right to remove the President
because had special divine authority so to do,
and was forced to it by the Deity, they will ac-
quit on the ground of transitory mania.
Sickles, Mcfarland and Hiscock we're acquit-
ted on the ground of transitory mania. In my
speech published yesterday, and which pre- =
sumo your nOuOr uaS rodu, L gave Luy rodeoho
for asking your honor so to charge. Mr.. Reed
made brilliant and lawyer-ike plea for the
defence, and Mr. Scoville is making strong
argument for his story. But neither Reed nor
Scoville represent me in this defence. am
here as my own counsel, and ,.as stated at the
opening of the case, no one can represent me
to that jury. know my feelings and my in
SEPARATION in removing the President, and L
have set it forth to my satisfaction in my
speech published yesterday, and l ask your
honor, in the name of justice, in the name OF
the American people, to allow me to address
| jury of my countrymen when my life may be
at stake. If a man on that jury has doubt
as to his duty in acquitting me, my speech will
probably settle him in my favor, and, there
fore, in the Interest of justice it is of the great
est Importance that they hear me in my de-
| fence. Your honor can decide the matter if
| you have any doubt as to your duty.
Mr.. Scoville began with general complaint
of alleged unfairness on the part of the prose-
| cution, particularly of the prosecuting attor-
ney. He had from the beginning prescribed
who should visit the Jail and who should not
He bad introduced persons into the prisoners
| cell under false guise to worm out his secrets,
and when the prisoner said anything which
might inure to his benefit the prosecuting at
| torney would be very careful to let it become
known. He complained of Corkhill's unfair
| ness in destroying notes of the stenographer
| (Bayley) so that the defence could not have
| the benefit of them. The conduct of the pros
| ecution in the court room he alleged was not
| only unfair to the defence but was often dis
courteous and more beftting police court
| than this cause. The custom of the counsel
| upon the other side of nodding and bowling to
the jury he considered highly improper on the
| part of the Government officers. The proSecu-
ton had also been unfair and discourteous to-
| ward the witnesses for the defence, sometimes,
as in the case of Dr. Spitzka, pursuing them
| with ridicule and even after they had returned
to their homes.
| Commenting upon the failure of the prose-
| cution to put upon the stand the detective (Mc-
| Elfresh) who had been summoned by them,
| and upon whose evidence the defence relied to
| show the condition of the prisoners mind and
| his utterances at the time of the shooting, Mr..
| Scoville said he desired to hear no more of the
| fairness and impartiality of the prosecution
until this and similar arbitrary acts should be
| explained. He called the attention of the
jury to the refusal of the prosecution to permit
| the defence to introduce the testimony of DIR.
| Mcfarland, gentleman who had had expert
| ence for thirty-fve years in dealing with the
| insane and most of the time in connection
| with some asylum, and who might have mate
| rally aided in determining thes true condition
| of the prisoners mind
Col Reed suggested, "They refused to let
| you have photograph identified"
| Mr.. Davidge Cnterrupting)-Is this case,
| your honor, to be argned upon the law and evil
| dence before the jury or upon what the counsel
think ought to be before them?
Scoville-I propose to argue this case just as
| / am arguing it. You may interrupt me as
much as you please if | mistake the law or
| facts, but propose to be the judge of my re-
| marks.
Davidge-I see you do, but don't know as
| it is of sufficient consequence to inquire about
| it.
| Mr. Scoville unwittingly raised a smile by
declaring as one count of his indictment that
the Government had acted unfairly in putting
upon the stand so many witnesses to prove the
act Of killing, 'going over and over the hor-
rors of the scene," said the counsel. "And L
| declare that it was shame and disgrace the
| exhibitions made here by the prosecution for
the purpose of influencing. your feelings and
emotions rather than your judgment.
| Corkhill-We should have been more polite
| and sympathlZing toward the prisoner.
Mr. Scoville then criticised severely the course
of the prosecution in refusing to permit the prs-
| oner to address the jury for brief hour or SO
| simply because they feared they might disclose
| by his manner or speech his true mental condi-
| ton. In alluding to the discussion on the
| Scoville quoted the District Attorney as having
| said that if the prisoner should be allowed to
| speak it ought to be from the dock.
Corkbill-I said nothing of the kind. / pro-
| tested against his return to the counsel table,
| andI said it would be disgrace to have him
| speak from the dock.
Guiteau called out, 81 have been good boy
| lately so you had better let me out"
Scoville then called attention to the letter
written byGuiteau to the district-attorney from
| which a portion had been clipped, as he
| claimed, by the prosecution and in spirit of
unfarness. III sa
Davidge- (smiling)-"Oh, just assume that
| one of the conspirators cut it out"
Corkhill-'I suppose what you are driving
at is that you want the jury to think that cut
slip out of that letter."
| Scoville-"I believe that it was done by you
or by your direction for the reason that you be-
| lieved it for the interest of the prosecution"
$50 do l." shouted Guiteau.
Corkhill-You and the prisoner agree occa-
sionally."
Scoville, having pretty roundly abused the
district-attorney, paused apparently for new
head for his discourse or his criticisms, when
Col Corkllill suggested, "If you want to talk
about Judge Porter, don't hesitate TO say any
thing that suggests itself. Judge Porter will
read it from the record and will doubtless make
some pleasant remarks in reply"
Mr.. Scoville then proceeded to give the jury
his views upon Judge Porter and to instruct
them as to how much weight they should
attach to his utterances and as to the
best means of counteraeting the inf1u-
ence of his oratory. He had, he said,
closely watched Judge Porter at the
beginning of this case and had learned that his
(Porters) most effective part was in exhibitions
of himself He had good mind in that ne had
an admirable command of language, a most i'm
pressive manner, but his eloquence was not of
the hears, and he wanted the jury to take
| into consideration the fact that he had come
here for a large fee and was prostituting his
fine attainments in the effort to hang an in
sane man.
Immediately after recess and before Scoville
resumed his seat Gulteau with an air of appar-
ent sincerity remarked that he was in luck. He
had Just signed his name to check for $685.
900 on the First National Bank of New York;
that he had received another for $1,000 and
another for $3.50, and believed they were all
genuine.
After waiting fifteen minutes for the arrival
of counsel fer the prosecution Scoville was told
by the court to proceed and responded with
review of the prisoners life from about 1859,