The Indianapolis leader. (Indianapolis, Ind.) 1879-1890, 1882-01-14


| progress of the opinion and cited all the inn
| p0rtant rulings from the early days Of com
mon law in England and decided against
| the prayer of the defense. He summed up
the question, that juris ichOn is compile {
| in the place where the act is committed
| consequently this Court has full clgnizlnce
of the oilense." Judge Cox next took nr
the question of the legal test of insanity.
and decided that knowledge and apprtci-
alton of the difference between right aud
wrong must be- taken as the correct tes;
Judge Cox concluded his deciSion at -.
having consumed an hour and forty l.in-
tItes with rapid speaking upon every ma
terial point. His rulings were directly
against the prayers of the defense The
only grain OF comfort for the prison.
or was offered wien Judge Cox
reached the question OF reasonable doubt.
Upon this subject he said: II shall not
charge the Jury to acquit il they find
reasonable doubt as to any one element but
shall take into consideration and charge
them relative tn the elements, and that if
from all the circums ances and evidence
they have a reasonable doubt Of the COM
mission by the defendant of the crime as
charged, then they shall acquit"
As Judge Cox finished speaking Gulteau
called out, II am perfectly sati fed with
that exposition of the law"
After consultation between the counsel
the Court adjourned until Thursday morn
ing, when Davidge will make the opening
argument to the Jury for the prosecution.
The Attorneys on Both sides Well Pleased
With Judge COx's Decision.
WASHINGTON, Jan. 1l.---Dstrict Attorney
Corkhill, when asked this morning how the
rulingsof Judge Cox were regarded, replied
fav la - tbo, l. L
gested some people regarded the Rulings as
favorable to the defense. the District Attor
ney said: at must be understood these
rulings are entirely distinct from the charge
to the Jury. When Judge Cox comes to
charge the Jury, and applies his rulings to
the facts in the case, no one will consider
there is anything favorable to the defense
Colonel Corkhill remarked the Judge had
demolished the theory OF irresistible i'm
pulse.
Scoville says the defense is satisfied with
the rulings. The spirit of our prayers
has been sustained by Judge Cox. If he
delivers charge to the Jury on the same
bases we care nothing for the mere words of
our instructions. Scoviile maintained udge
Cox had sustained the main points of the
defense, and the question of reasonable
doubt was left just as it ought TO go to the
Jury. When asked whether he still thought
the Jury would disagree, Seville said: Il
think they will agree on acquittal. do not
think the Jury will be influenced by popu-
lar feeling Judge Cox has thought more OF
his future reputation than present popu-
larity."
Reed expressed himself well pleased with
the Judges instructions John w Guteau
is also well pleased. He thinks the feeling
against his brother has changed, and the
Jury will disagree if it don't acquit After
the Court adjourned yesterday Scoville.
Reed and John w. Guiteau called upon
Judge Cox and congratulated him, thanking
him for his impartality. Judge Cox re-
marked he thought the pros ecution would
be better satisfied than the defense
THE PRISONERS INSANITY.
Colonel Reed, associate counsel for the
defense, and Colonel Bruce. of Chicago, ac-
com panying him. were the only persons adj
mitted to Guteau's cell to-day. In speak
ing. of his interview with the prisoner.
Colonel Reed said. Il am astounded at his
mental condition. | have never before,
since the trial began, seen him alone, and |
have never before felt such a firm convic-
ton the man is lunatic. He received me
of course as his friend, and in discussing his
case there was no occasion for disSmula-
lation, yet left him after a three hours in
terview thoroughly persuaded, despite the
evidence of learned experts, the mans
reason is dethroned. L pushed him with
questions almost to the verge of cruelty. |
tried to depict the enOrmity of his crime
and endeavored to reach his conscience
and discover if he were alive to an
feelings of remorse; if he ever
dreamed of the act or of its attendant
but could not elicit single
expression that even the most hardened
if sane, might be expected to give
utterance to. He said to me with earnest
ness: The Lord will pat words into your
mouth with which To convince the Jury,
and shall be acquitted. | have no money
now, but l shall earn 800 600 within
month after this trial is over, and will then
give you $4,000" The smile which accom-
panied this remark was so unnatural it
chilled me. When Colonel Reed entered
the cell Guiteau was engaged in writing. He
had before him pile of manuscript
why, how long do you expect to speak?''
inquired Colonel Reed.
II can't tell yet; day or two, and per-
haps more" replied Guiteau.
He finally agreed to conform to Colonel
Reeds ideas on the subject of his speech,
but still insists he shall make the closing adj
dress to the Jury. This matter will probably
be referred to Judge Cox for settlement if
the counsel can not effect an arrangement
with the prisoner. The counsel for the pros
ecution have intimated that they will not
object to Guiteau's speaking. but Will doubt
less insist on some limitation.
EFFECTS OF THE TRIAL.
Washington Special.
The trial seems TO have borne much more
heavily OH Mr.. Scoville than anyone else in
the case, and it is not surprising, for he has
had uphill work all the way. His face is
pale. almost bloodless. and his eyes, usually