Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-02-18
Mr.. Ed..,nna. Upon the Gnitcau Trial.


Senator Einunis has an article in the North
american Rerielc for March on the conduct Of the
Guiteau trial, which Is both interesting and in
structye. Like everything from his pen. it is
temperate and judicial He reviews the conduct
OF the case critically, and f1nl5 nothing to con-
denim III the course pursued by Judge Cox, but, on
the contrary, much To commend In the first
place Mr. Elmun Is separates the reol Incidents o:
the trial from the rubbish OF exaggeratlOn and
senSatloaaliSm, which marked some OF the report
and dlsni,Ses the latter as unworthy of notice
He admits, however, TINT there was "mOre than
enough OF what really derogatory to the due
and dignifcd administration OF justice to demand
an inquiry how such scenes can be prevented
In a trial for felony. II they be prevented at
all" THIS Is the p.th Of the whole subject, and ii
was because Judge Cox dill not prevent such scenes
that he WAS, at time, severely criticised III
the case under consideration the prisoner alone
was guilty Of conduct wanting IN respect for the
court and regard for the s0lcmnity OF the occasion.
Therefore the question IL, what penalties can lie
gally be inflicted upon prisoner for such miscon-
duet marked Quite aus course throughout the
trial? Under the Constitution the court could not
proceed with the case without the personal pres
ence of the prisoner, nor could it deprive him OF
his right to speak in his own defence.
The power Of the court TO punish contempt, in
Guiding dfSOrd Fly conduct, iyS Mr.. EtmundS
Is undoubtet, provided that cruel and unusu /
punishment Is not inflicted, but the means of the
court To punish are limited to fine and mprison-
ment- To have imprisOneI GuitaaU for contempt
would have been to iniireetly punish the court
and the jury ut the SAM time. The trial cOul1
not proceed while the prisoner was being confined
under sentence OF the court, but meantime the
jury must be kept together and Isolated Should
the trial BE- temporarily aban iOned while the prI-
soner is suffering his sentences for contempt, Mr..
EimuEdiS suggests that 1t would afford a basis by
the defendant to plead upon the resumption OF the
Trial that ne had already been once put in Jeopardy
for the same offence. The difficulties In the way OF
inflctins punishment upon Guitelu for his daily
misconduct aud hlbitu3l contempt of court were
no tifieS 10 be diSSipate1 or removed by an order
OF the judge. and after giving due weight to them
MIR. Einunds asserts that such criminal trial
cannot practically be delayed or abandoned In
order to punish contemptS: it must proceed to its
regular end, however disIgreeable the Incidents
OF It's cause may be. Ir, it Is suggested,
the practice OF aijourning a trial in order
70 punish the prisoner for contempt should
be established 1t is natural to conclude that all
prisoners who considered themselves In danger OF
the gallowS would resort TO this method of heap
Ing Insult upon the court for the purpose OF pro-
longing the day OF possible execution. While JUS
tfyfng the court In it, course towards Guiteau
himself Mr.. Edmun1s regrets that some Of the
persons ttending the trial were not given taste
OF The courts power TO tm1riSOn. He thinks that
aiter re lSonable warning, persons who inlulged
In applause or IN demonstrations Of any sort
SHOULD have been punished, and that one or
two examples OF this kind would have taught
s'the public the valuable lesson that courts of
justice are not thelters." Judge Cox, per-
haps, displayed wiser discretion than his
Critic IN tolerating the demonstrations of
the public It was case in which the public
VINO are the people, the source of power and of
taxes felt very deep interest, ami this feeling nat
urally broke forth at times. By way OF consola-
zion to the American people and humiliation to
some Others who have been free In criticism upon
The Gulietu triaD Mr. EdnuA1s quotes from the
records Oh some noted English cases that eulilled
II not surpassed the Gut.au Ease in want of d.
nifty AMI decOrum- He recalls scenes OF the Itch
borne case where the ''bias and bad temper OF
the Judge and the inSOlence of the counsel strur-
gled for the mastery"