New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-05
MR.. sCOvILLEs AFFIDAVIT UNAvALING

teau case mas at last actually closed. Mr.. ScOVllle
submitted his affidavit this morning. in which he
asked to be allowed to put upon the stand nine new
witnesses. One of them was DIR. Mcfarland, super
intendent of the Jacksonville Insane Asylum 10
Illinois, who had known Luther W. Guiteau and
believed him insane the subject OF
religion, and who also ready TO swear that
Gulteau is. in his opinion, insane. The other
eight witnesses were Government officers etc. who,
Mr.. Scoville believed, cOuld testify to the Ian.
guage and manner of the prisoner the day of the
shooting
Mr.. Scoville and Mr.. Reed addressed the Court IL
support of the application and Mr.. Davdge and
ct-Attorney COrkhill StrenuOusly opposed it
Mr. Davidge laid especial stress upon the absurdity
of offer to put upon the stand expert who had
formed his judgment of the assassin by reading the
newspapers, when the defence had not dared to ask
one of the twenty experts originally summoned, not
even Dr. Kie nan, the result of his personal obser
vatiOns of Guiteau.
Justice Cox decided that Dr. Mcfarland could
not be heard The opinion Of expert was not
new fact i'll the sense of law, and could hardly be
cassed as surrebuttaI evidence iDasmuch as il
could not be said to contradict evidence of former
witnesses. The Court also decided that the
evidence offered as TO the condition of the prisoner
just before the shooting was too vague and uncer
tain to be admissible. The evidence, however, that
Guteau had stated Immediately after the shooting
that he removed the President under an inspiration
from God was decided to be admissible in surrebut
| tai. The only witness examined under
this ruling was James j. Brooks, chief
of the Secret Service Division of the
Treasury Department who had a talk with
the assassin midnight on July 2; but he stated
that he could not remember anything Gniteaq saio
about inspiration. Then the letter written by L.
w Guteau in 1875 was read, in which he pro-
| nounced his son tit subject n a lunatic asylum.
This was the close of the testimony, and Justice
Cox called upon the counsel to submit the points OF
! law on which they wished the Court To rule. Mr.
Davldge submitted those of the prosecution, and
| the Court gave Mr. ScOville TWO days in which tc
| prepare those of the defence. talk with him to
night showed the main point of these would be the
claim that the burden of proof lay upon the prose
cutOn. that they must prove Gulteau sane beyond
| doubt, or he must go free.
THE FULL REPORT OF PROCEEDINGS.
| WASHINGTON, Jan. 4.-The morning pro.
ceedngs of the Court preceded by a remark from
the prisoner the effect that it his time to
make speech, but that he had promised the marshal
that he would not do and that be would try to keep
quiet. This determination the part OF the prisoner
may have arrived at account OF the fact that
Perry Carson, large colored man. for years tn
the employ of the Court stationed behind him, and
was evden ty under instructions from the Court to
maintain order.
Mr. scoyile read affidavit to the Court in suppori
of motion for leave introduce additional evidence
The affidavit, which 10 by himself states that since the
case for the defence closed December l5 he
learned Of the existence and Of certain wtnesse
material for the defence the subject OF insanity The
names II. d. Bragen Marshal Green, James Brooks
Thomas Rathbone, Katie Collins George W. McElfresh
NJ A. Austin, Edward Austin and Andrew Mcfarland
BY of these witnesses he expects 20 prove that In
the month Of June they frequently observed the singular
and strange conduct Of the prisoner and then
vnced Of his insanity and freely commented the fact
between themselves He expected to prove by Rahbons
and Brooks that they had interview with the pris
the Jail the I'd Sd Of July and he then said
that he had been forced do the act by inspiration
from God. He expected TO prove by McElfresh
and II. A Austin that they rode with the
prisoner the jail the I'd Of July and that
all his actions and words were indicative Of insanity
He expected by DIR. Mcfarland for thirty
years superintendent of the insane asylum at Jackson
ye Ill., that he knew Luther w. Guiteau, the prisoners
father and had opportunity for scientific observation
OF his mental condition in 1854 and that be then Ia
the conclusion that Luther W. Guteau was insane
the subject of religion also that from the circumstances
and developed evidence in the thus far ne
Dr. Mcfarland is Of opinion that the prisoner
sane. The affidavit further states that the aiant
mised by the prosecution giving the OF McEfresh
as Of its witnesses and then not calling him. other
wise he would have been called for the defense.
Mr.. Reed argued in support Of the
motion. He admitted that the motion "a
WAS one entirely in the discretion Of the Coura dscre
ton which he had doubt the Court would conscen
tiousy exercise to the end that justice might be dona
In this most remarkable IL was not without prece
dent He cited in this connection a tried before
Judge Blodge where evidence was admitted even after
the arguments the jury had been begun 1t had been
intmated by the prosecution by sneers and eers that
the trial had taken much time IL was true II had
been protrscted. but 1t not the first trial which lad
consumed much time. There case with which
Judge Porter had been connected (reierring 10 the
Beeeher case) which had taken about ak months TO try
And that a civil No mans life was at stake.
This had been interrupted by circumstances which
could not prevented Because this man was penni-
less should he be left undefended In an American court
and in land that boased Of the supremacy Of lava
land which boasted Of giving the poorest man fair
tral Mr. scove had had all the work OF the defence.
He had shown himself to be a hero. without means,
wi hout assistance, with client constantly nterruptng
and him. he had stood up week after week.
and defended this poor creature against oboquy and
AGAINST pressure from the outside He Reed begged
the CouIt In the Of justice and calm fairness to
give the defence chance 70 occupy day more, In
order to put this testimony before the jury and he
believed that the Court would that IL but fair
and right that IL should be done. Would the result
of this trial. whatever the verdict have better elect
the defence allowed to put these few witnesses on
the stand. and occupy nve more hours only, where
mans life was at stake
Mr.. Dayidge opposed the application on the ground
that there was not the shadow of foundation laid FOR the
introduction OF the evidence OF this Dr. Mcfarland IL
would be scandal reopen the in respect Of him
presented to the Court man reckless enough
TO form an opinion and reckless enough TO swear to an
opinion, on foundation which ought not TO controi
the mind and judgment of any man. In respect
OF the other Witnesses the evidence was simply eumuia
tivs The waste OF time the trial OF this cause had
been without precedent He had endeayored In the Do
ginning TO coune the evidence to specific facts teadns
10 make up the scoaAd SAfapcs Of nssniy His Hsnos