Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-10

| trial Of Guiteau WAS resumed to-day-referring II
the style OF oratory OF Judge Porter, who was ex-
pectcd TO speak. The court room was closely
packed with people. Messrs. ScOviile and Reed
were. as usual, early In court, Judge Porter,
for once, appeared in the court room before his as
sociateS on the prosecution. In contr dictol OF
the story that bitter feud exists between them.
Mr. Reed went over to Judge Porter and canyrrseei
with hlm several minutes i'll good-natured man
ner.
When the court was called to order and the
prisoner was brought ia, Nr. John Guiteau went TO
the dock and sat with the prisoner.
Judge Porser's Arsm.nent.
Judge Porter, rising. said that there were some
branches Of the case which Mr.. Dayidge had DOT
had time to cover. He should eBieayor TO make
his remarks brief. He thought tie court would 10
them Justice to say that II there had been DIS
order III this case, or unnecessary waste OF time,
lC iad not beea by the procurement or the prose-
cutfon. Mr. Reed, in opening the argument, he
said. had made a lawytr-Iike argument: hc had
chosen the only two topics that lawyer would
siot lin; the otar topics assigned l. the partition
- NJ Ree0's assoctate Were such as required 4
long experience in police courts, and with TIE
owls Oh the woods to sustain.
SARCASTIC GUITEAU.
"Ju;lga, that is fine speech" said the prisoner,
sand Ill have ScoVille rot do SO any more Let
linn of this time and he wont DO SO any more"
THE QUESTION Or MALICE.
Judge Porter SAID he was glad to see on the
question OF malice the defence had planted them
selves On a statute OF the United States They had
referred TO aBthoYitie5 Which seemed TO be amply
sulhcent out 1t was well to re,er 10 the dictiona
ricS o. lttW 10 learn the meaning or terms.
He referred 10 a definition OF malice by Justice
Curtis. All felOnieS. according To the old form,
were charged to be with malice aforathought, and
at the lnStlgation OF the Devil In this case the
court WAS rlvely asked TO instruct the jury, IL
they found there was no actual m4lice-anf that
they must ttke the evidence Of this prisoner as
Il yor-
dict Of acquttaI. He held it was the province OF
the court TO determine what malice WAS, and he
knew the court would not abdlcate in favor OF the
jury.
JUDGE PORTER REPLIES TO THE REMARK ABOUT ELS
STYLE OF ORATORY.
BE said the defence said that the authorities
cited 10y the prosecution were as antique as his
(Judge Porter'sl style OF orlt0ry. Unnappily. he
had never studied In school OF elocuton, but had
accepted what Goi had given him He criticised
no mans voice, no mans elocution, no mans
motives, unless they were 50 transparent as to call
ior condemnation In court Of Justice. He. un-
happily. had not had the advantage tlat Gutteau
did Uf studying at the feet or Mr. Reed. He did not
think the disciple he (Mr. Ree,D had produced as
the result of his teachings commented him Us d
teacher.
A POINT WHICH PROVOKED A DENIAL FROM THE
PRISONER.
Judge Porter quoted from 15t Arch!balI'S Crmi-
MI Pleadings, as To what c0nstitut II malice lie
held tnat the prisoner had, according to his own
testimony, committed his crime with a sedate
mind, had hin in wait for the President am filed
all the conditions of malice.
''That IS false" shouted the prisoner
"lI 1t IS fal53hoo |, tncn th prisoner has sworn
TO 1t himself" said Judge Porter.
ITS fdlSalaol IN t1e WAY III which you put
II, retOrteI the prisoner.
Is GuITEAU STRONGER THAN TUE LAW?
Judge Porter proceeding, S lid that the prosacu-
ton demand a that the assassin SHOULD not be
spared throu3hfais pretenSes. The speaker hay-
Ing SAID that though Gariieit WIS dead the gov
eFhment lived To prose ,ute uItt4u, the prisoner
said: you were -ngl0yed on this case by Pre5i-
dent Arthur ua Ter 4 mislppreh 3nst0n-"
~ nder the misrepresentation, your honor" said
Ju ige Porter that the Law Is stronger than thc
prisoner The prisoner thinks tlat GItt9au is
stronger than the Law, ana Scoviile thIn&S WITH
him.
the Lord Almighty is stronger than the law"
said the prisoner
DIVINE PRESSURE IN THE FORM OF A HASGNAHs
R0PE.
Judge Porter, procee ling WITH sevaro danun-
ciation OF the prisoner. sud: 'He viii fell what
he never felt before, Divine pressure in the form
OF hangm ms ropen Mr. Scoylne had boldly
and sh h5lneiessy said that the decisl on5 oI tne
English tuigea cited wera anti iuattd.
"He told the truth," interrupted tle prisoner
''IIe tells you," continued Judge Porter, land
Guteau confirms him, and Guiteau no DOUBT
moved him TO do it,
CUT :lu is as good man as you are" cried
Out Inc prisoner.
GUITEAU PRECIPITaTING HIS DOOM.
"The puppet," continued Judge Porter, s'that
was moved so readily when he sat by his counsel
is not so readily moved now. He doS sn't time as
we'll. His interjections are precipitating his
DOOM
Judge Porter having Included In his denuncia-
tOn the whole tribe or GuiI"au'S except taOSe
who honoraby fael to sympathize with this as
SasSin, the prisoner asked Hoy about the Por-
ters?'
Gin respect to him, your honor" continued Judge
Porter, referring to the prisoner, "his time is
short; and since you are content to bde his inter-
ruptlons am. His time is Short'
NOT GOT TO THE HANGING POINT YET
Judge Porter, discussing the English case cited
by Mr.. Scoville, referred to the hanging of the
prisoner, when Guiteau said: ''We haven't got TO
that point"
"We are travelling towards it," said Judge Por-
ter, impr ressiyely.
The prisoner became very clamorOus at this and
denounced Judge Porter in round terms YOU
have mouth enough for a whole family" he cried
HOW QUICKLY THE PRISONER SEES THE POINT.
Judge Porter having quoted further from the
English case, Guiteau again Interrupted him.
"You see, your honor" said Judge Porter, show
quickly the prisoner sees the point and endeavor,
TO keep it from reaching the ears of your honor,
"Tell us about MacFarand and SickIes," said
the prisoner. 'They were acquitted on the ground
OF transit0ry mania. That is the case here. You
and the Jury did not agree in the MacFarland case,
MI. Porter"
The jury have not yet rendered their verdict
here, Judge Porter said. but it would depend
somewhat upon the Charge or the court; Ii the
prisoner dictated The charge, he had doubt they
would disagree
81 want the truth AMI the Ia ", nothing more
Mi. Porter" said the prisoner.
JUDGE PORTER APPLAUDED
Speaking OF the prisoners assertions that such
men as President Grant and Senator ConkIing
would approve the act, he said he only regretted
that Senator Conkfng or President Arthur had
net stood 1t the door OF the depot and seen this
wretch aiming at the Presidents back: the as
sassin Woutit have felt q blow OF iron that would
have p9ralyZed him
There were manifestations Of applause here
which it required some tine to check.
Tie prisoner talilg advantage of the pause in
Judge IOrter'S remarks said: 'The fact is all the
stlIWarts are coming TO my side very RAPIDLY Mr.
Porter. II you would see soma OF the letters
have you'd think so. SO are all dect Mt people'
THE BURDEN OF PROOF OF INSANITY UPON THE
PRISONER.
Judge Porter said that in eighteen states the
courts have reached the conclusion that the bur
den OF proof was upon the prisoner to establish his
insanity and tf ii was lett in G0ubt that did not
avail He said the court was not bound by either
OF the new dispense tions-the gospel according TO
new disnenSatiOn was not to be introduced here
knew that clamor would not disturb the serenity
CT the learned judge who was TO deliver the in
structtOnS to the jury.