The Somerset press. [volume] (Somerset, Ohio) 1873-1977, 1882-01-12

Witness did not believe in what is termed by
some emotional insanity" or "moral insan-
ity." "Kleptomania," he considered, simply
thieving, "dipsomania," drunkenness, and
"pyromania," incendiarism. Their designa-
tions were simply convenient terms which
had been invented to cover certain
crimes. INSANITY" said the witness, sis
never transmitted any more than cancer"
The examination progressed with tedious de-
tail. In an effort to extract something favor
able to defense counsel renewed the attack
upon witness again and again, and each time
Was met with evasive or qualified replies
Finally, Scoville. with some impatience, in-
quired "Can you tell me, Doctor, how maEy
direct repli you have given me this morning?"
Answer-"I do not know that have given you
any; l propose to answer precisely in my own
way, Mr.. Scoville. I am under oath, and / pro-
pose to give all information bearing upon the
case in nay possession, but do not care to drag
my personalities into it any more than possible
After some further examination, the District
Attorney announced the conclusion of the tes-
timony on the part of the Government. After
q short conference with the prisoner, Mr.. Sco-
vile said . Z" Your Honor, am taken somewhat
by surprise by the action of the prosecution, in
not calling several witnesses whose names
have be IN given in as witnesses for the prose-
cution. These gentlemen being employees of
the Government, were in a position to know
something Of the mental condition of the pris.
oner about the time of the shooting of the
President. I do not know what action in the
matter the defense will wish to take, but I
will inform the Court tomorrow morning"
DIR. Bowker, of Kansas City, was called by Mr..
Scoville. Witness met Mrs. Dunmire at Lead
vile, Col, and convereed with her. She said
she had entertained grave doubts as to the
mental condition of Guiteau at the time she
obtained her divorce, and thought at the time
perhaps she had better defer her divorce pro-
ceedings aud await some further developments
n the mental condition Of. her husband.
The prisoner undertook to read o letter as he
claimed from an old friend of President Gar
field, in Ohio, showing that the public opinion
him to be SILENT Guiteau-"It shows the
state Of public opinion outside of this Court
room.'' Judge Co1-"Be silent. Public opin-
ion has nothing to do with this case'' Gui-
teau-"When speak 1 speak to fifty million
people, not to this little crowd in this Court
room" Marshal Henry (rising and moving to-
ward the dock)-" Keep quite, SIR The
Marshal whispered some instructions to a b. lift
sitting in the dock. A moment later the pris-
oner started upon another harangue, and the
baliff put his hand upon his shoulder and at
tempted to quiet him. Guiteau-" Get away
from me, or I'll slap you in the mouth" With
this outburst he subsidized, however, and turned
his attention 10 writing autographs. Mr.: SEQ
vile stated that he would submit in writing {
motion to introduce further testimony for the
defense. Adjourned.
TESTIMONY ALL IN.
The thirty-eighth day of the trial Of the
assassin of the President witnessed the closing
of the testimony, and all that remains now is
the argument and the jury's verdict. The only
witness called by Scoville, in surrebuttal, who
was permitted to testify, was J. J. Brooks,
Chief of the Treasury Secret Service. Witness
fhot tof1 fto tryhf of ffof
the shooting. "Guiteau was in bed at the
time. He arose in great anger and excitement, F"
said witness, "and wanted to know what ]
meant by distur bling his rest and quiet at that
hour of the night. said it i'll became him, a
murderer, to speak in that manner, that he had
disturbed the rest and quiet Of the whole Ma
ton. He came back at me, that he was no
murderer, but a Christian and gentleman that
his mind was made up; that he had been
moved to do the act as o political necessity,
and that it was for the good of the country.
l told him l was q Republican and Stalwart
and he replied; Then you can appreciate
why did it. 1 then said to him: If you had
taken the Diety into consideration you could
not have done such an act The prisoner re-
piled he had thought over the matter and
prayed over it for six weeks or more, and he
became convinced the President must go, and
that it was his duty to remove him." This
practically ended the testimony. As usual the
bailiffs found it impossible to keep Guiteau
quiet, the expression "Tll slap you in the
mouth, you miserable underling" being his
frequent snarl. Scoville's motion to reopen
the case by the introduction of other witnesses
was overruled by Judge Cox. Scoville intro
duced q letter written by the prisoners father,
in which he expressed the opinion that the
prisoner was insane. Guiteau called out,
sneeringly: "Was it the object in reading that
letter to show that my father WAS crank, or
that I amp You are the biggest jackass, SEQ
vile, ever saw. If you can't learn any sense
1 shall have to rebuke you in public" MIR.
Davidge stated that the prosecution had pre-
pared their statement of law points upon which
they would rely, and he would give the defense
the benefit of them. He then read the follow
ing: "First-The legal test Of responsibility.
where insanity is set up as the defense for an
alleged crime, is whether the accused, at the
time of committing the act alleged, knew the
to such act hence, in the present case, If the
accused, at the time of committing the act
charged, knew the difference between
right and wrong in respect of such act that
is, if he knew what he was doing, and that
what he was doing was contrary to the law OF
didn't, because my free agency was destroyed
"Second-f the accused knew what he wal
doing and that what he was doing was contrary
to the law of the land, it constitutes no de-
fense even if it we're true that when he com
mitted the act he really believed he wal
thereby producing public benefit or carrying
out an inspiration of Divine origin or approval
| Such belief would not afford any excuse
| nor would such excuse be afforded by the fac
| that in the commission Of the act he wal
impelled by depraved moral sense, whether
innate or acquired, or by evil passion or indif
ference to moral obligation" Guiteau-"Al
| Of which is false" 'sThird-Insanity was how
ever, institute defense if by reason of diseas,
accused at the time Of committing the &C
charged did not known what he was doing, O.
1< 4 r,Df1 1r,npr hat rlcf h. Ii,
| was contrary to the law" Guiteau-"I hat
no choice In the matter" ''Fou, th-The onl,
| evidence in the present case tending t.
| show an irresistible impulse to commi
the homicide is the claim Of the accused tina
his free agency was destroyed by his allege,
conviction that the death Of the Presiden
was required for the good of the American peo
| pie and was divinely inspired, but such convir
ton, even if it really existed, could not affor
| any excuse when the party knew what b
was doing, and that it was contrary to law
no mere delusion or error of judgment, no
even fixed belief that what is prohibits
by law is commanded or approved b
Divine authority (Guiteau-" Gods law
higher than mans law can EXEMPT accuse
from responsibility for breaking the law. T
have such effect the commission Of the &C
charged must have been the result Of an insan
delusion, which was the product of disease, an
of such force as to deprive the accused of
degree Of reason necessary to distinguish be
tween right and wrong in respect to the act, 8
that at the time Of committing the act he eithe
did not know what he was doing, or if he die
that act was wrong or contrary to the law c
the land" At Scoville's suggestion, Court the
adjourned over two days for the preparation Q
arguments b..
Observations About the Baby.
The baby does not belong to the ami
NAL kingdom the animal kingdom be
longs to him. He is King. In fact
he is always aching. However, bah
is often spoken of as "this wheat Great
ure )" which is why they cradle him