The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1882-01-19
THE NEWS.
Compiled from Latest Dispatches.
The Guitoau Trial.

IL the Guitcau trial on tn" 10th !gc Porter
addressed the Court in behalf OF the instruc-
tions asked for by the prosecution. He re-
fCrrCd to the disorder which has characterized
the proceedings on the part Of the defense, and
then spoke of Mr.. Reed S argument as lawyer
like and based on the only law points which,
with any plausihity. could be adduccd by the
defense. OF Mr. ScOVilCS argument, he said
II could Only have been delivered by one of the
family of Guitcau, who, as he himself had
boaStcd, had learned his law in the police
courts, and acquired his manners among boot
ing owls in the woods of Western Ohio. He
then proceeded to expound the law on the sub
1cct or malice. referring to his lying in wait
for the President he said: Was this worth
less vagabond the man to be selected and
inspired by God, u cheat, a swndler, a creature
OF EllcSt habtr He, then, is Junior in the firm
OF Jesus Christ Co. This murderer, tracking
ms victim at night, ut church, at railroad sta
ZION, everywhere, till the deed is done. But
grant this hideous prctcnsion, and allow the
inspiration of Paul, which he impously
quotes; that does not protect, as it did not pro
tcet Paul from stripes and death" He went
on TO say that, although the President had
died. the Government still lived, and his sue
ccssnr was prosecuting the assassin. Under
mlsapprchcnson that the law was stronger
IMAM the prisoner, Guitpau seemed to think
that be was stronger than the law. Here Gui-
tcal Interrupted the speaker and said: s. do
not claim to be stronger than the law. but
GOd Almighty is stronger than the law.
You will come before God Almighty pres
emily" said Porter, solcmnly. Until then
you would do we'll to refer but little to Him.
you will feel soon what you have never felt be
fore, tn" divine pressure of a hanglnan's
moose" The prisoner had sworn on the stand
that nc was prrdcStincd to remove the Presi-
dent. III" had forgotten to say that he was
also prcd"stincd to he hung for it. Speaking
again of his Interruptions and of the prompt
ings of his family, Porter said he had SUI
preme contempt Of all GuitCaus-nOt the re
specialize OnpS-hut thos" who sympathiZed
with the assassin. Mr.. Porter then took up
the authorities cited by the defense,
If,ii mi tod or
bad law from obscure benches. He
snccred at the assertion of Scovilc that
the Anticipated arguments of thu prosecution
could not stand in the light Of those of the
defense, which purpOrtcd to be the Outgrowth
of an enlightened age-an age of Guitcaus-
when hungry politician Kills President
!" who Ind such belief in the gulbility and
dcpravity of mankind that he supposed he was
doing mon like General Grant, Mr.. Conkling,
the greatest parliamcntarian and one of the
foremost statesmen of his time, and even
President Arthur, service, for which he
would receive a reward Why, had General
Grant, Mr.. COnkling, or President Arthur
been standing at the door of the Baltimore
Potomac Railroad on the morning Of
the shooting; Ind they seen the assassin
creeping upon his victim, revolver in hand,
aiming at his back, an iron hand would
have descend Il which would have paralyzcd
the assassin and saved tn" President" Mr..
Porter ran over the decisions of StItn Courts.
intlIduccd by the defense. and showed that
the Courts of eighteen States held the view of
III" prosecution, that the insanity of the aSsa5-
sin must be proved by thu prcpondrrance of
evidence. The Federal Courts unanimously ad-
hCr,d to the same view. while the Courts Of
eight states held fc"bly that the accused
entitled t. the benefit of the doubt. Judge
Porter concluded his argument by reading
the ltt"r of President Garfield to Judge
Payne i'll which he complimcntcd and
thanked him for brushing away the
network of sophjstres with which it has of
late years been customary to envclop the plea
or insanity when set up i'll excuse for crimes.
Judge Cox, at As, began the reading of his
ntCNl"n. which commenced with lengthy re-
view of tn" subject of jurisdiction. He ocCu-
pied htty-1NC minutes in reading that portion
touching upon the question of jurisdiction. He
reviewed thu progress of opinion, and cited all
important rulings from the early days of the
common law in England, and decided against
I'll" prayer of tn" defense. He summed up the
question, " That Jurisdiction is complete in the
pl0C" whore the wound is inflicted" COnSe-
qutntly this Court has full cOguZance of the
ott"nSr. Judg" Cox next took up the question
Of the legal test of insanity. and decided that Il
knnwlCdg" and an appreciation of the differ
Cn"o between right and wrong must be taken as
tn" correct test. Judge Cox concluded his deci-
sion AT -, having consumed an hour and for
" minutes with rapid speaking, upon every
mat"rial point. His rulings were directly
against the prayers of the defense. The only
gram OF comfort for the prisoner was offered
when Jnig" Cox reached the question of rea-
sonAhe doubt. Upon this subject he said: II
shall not charge the jury TO acquit if they find
rcaS" enable doubt as to any one element, but
Shall take into consideration and charge them
relative to the elements, and that if, from all
the circumstances and evidence. they have
reasonable doubt of the commission by de
fcndant of the crime as charged. then they
shall acquit.' The Court then adjourned until
the morning of the 18th.
THE trial of Guiteau was resumed on the
morning of the 18th, Mr.. Davi1gr making the
opening speech to the jury in behalf of the
prosecution. In his opening Mr.. Dnvidge dis
claimed any intention of making any set
lint sod hi
render the jury what aid h" could in their
present and solemn duty Whatever of dis
order and levity might have characterized the
trial, there was but one sentiment in respect
10 tn" conduct of the jury. As Mr.. Davdge
traced the process of reasoning by which the
prisoner gradually reached the conviction that
- nut one life int"rp DS"i between himself and
possibly great benefits. Guteau became
restless, and for the first time since the open
ing Of the court, indicated by his nervous
twisting about the usual prelimnuries to
series of Interruptions which in this instance
quickly followed. Not often" said Davdge,
- III the record of heinous crime. do we have
the first conception of crime. In this
case the suggestion came to the wretch
IN the night as he lay in his bed" series
of Interruptions and intersections followed
after which Mr.. Davidge said: In the begin
nng II was sought to show that the prisoner
was on his balance. Now the Court tells YOU
=" look Tor that degree of insanity that disablcs
a man from knowing that what he was doing
was wrong. This is the test you are to apply. |
Upon the question of inspiration think win |
nc aOlG 70 snow TO your satisfaction how little |
there is III this claim. The only question" he |
sald, " was that of inSantyT He then argued |
that the prisoner had that degree of ntelli- |
gencc, legal knowledge and the moral sense |
which rendered him responsible for his acts |
In telling passage he showed that the prison |
er himself had the wit to see the fatal weakness |
OF Scovllle S line of defense. and repudiatc,lit
arguing IN his own behalf that he was no i'm |
beetle, but sane man, whose intellect and |
will had been dominated during Il specified |
period OF time, rendering him irresponsible
for this particular crime. He then reviewed
tn" circumstances of the crime and the victim
and the criminal. His analysis of Guiteau's
character was graphic and effective. If"
and intellectual qualities of this man. should
say that he had the daring of a vuIture com
bined with the heart of Il wolf" In speaking
Of Gutcau's plan, he remarked upon his
law, and exclaimed: We must mus saw Sl the te
our shame, that this estimate had
Jury to show the world whether Guiteau's
opinion was well founded. If he had feared
me law as he feared the mob, our martyred
head and chief would be alive to-day" After
recess Mr.. Davidge considered the question of
and took up the case of each member
oi IN" Guiteau family. Even admitting the
SAID: But the unan~wer.ible testimony of
Experts settles the question how much effect
ms collateral insanity could have upon the
NE ntal condition Of the prisoner IT is but tine
ner'st mDckcry t, discuss this question in view
ot tn" und"ubtcd ability Of this man to distn-
,ush between right and wrong" Mr. Davidre
hon recapitulatrd the leading incidents Of
iuit"aus life and argued thcrefrom that
VhIle they showed that he was q bad man they
no not indicate his insanity The evidence
by the defense was carefully dish
"gratrd and pronounced worthless The ar
ghmrnt was here suspended. An exciting dis
'uSSlon then cnsucd upon Judge Cox inuriring
counsel desired to say anything upOn Gut
eau 5 request to be heard. 81 want shouted
Iuli %au, TO make the closing speech [
Wouldn't trust the conclusion Of my case to
ne best lawyer in America" The District
Attorney, IN ringing speech, protested
against GultcauS being allowed t. fake a |
cat at the c"unsel-tablc. Applause from
ne audience. with shouts of Guitcau,
ma cries of "Order' from the boiIiff |
made an exciting scene for some minutes
IA u.Au WAS finally heard shouting through |
ne dln: The American people will read nv
P"cch aAd IN " are greater than this Court |
ne American people are trying this case IF ,
ou undertake" to put on the gag law, the Court
n pane will right me. My speech will make
light columns, and it reads like an Grafton of
zero. twill go laundering down the ovcs ,
ma d"n1 you forget 1t. And as for Won. Cork.
M, PRESIDENT Arthur will soon disposn nf | |
on MIS-. ScONiie was deeply affected and |
'rpt hYSt"r'cnlly. Judge Cox finally told Mr. ,
N"Nlll" to read over tn" prisoners Spccch and
# III" Court know in the morning if thnre 7
~" anything in il he desired to go before tho
u !. without stating whether h. would nor.
Nv INC prisoner to sneak ~ N Ind