The Portland daily press., 1882-01-20
GU1TEAU'S TRIAL.
Scoville Continues His Plea for the
Defence.
SHARP TALK BETWEEN THE
LAWYERS.
Prospect that the Trial Will Occupy the
Most OF Next Week.

reaCneu MS S6aI ne delivered nluSoli Vi inc
following speech, with a pompous effort at
oratorical effect:
The decision of tho New York court of ap-
peals comes with so much force at the present
moment that L desire to call attention to it. 1t
comes with great grace from the Empire
State, from that grand old State of the re-
public, the State that sends forth the brains,
the money and the commerce of the nation. 1t
is great step forward in the law of insanity.
Hitherto the law@has been that the burden of
proof was on the defendant, but the court OF
appeals, with grand magnanimlty says the
burden of proof is on the prosecution to prove
that the maa not only had committed the act
but also that he was sane at the time he COM
mitted it. In the name of justice and in the
name of the American people and in the name
of the American judiciary | desire to thank
rhe gentlemen of the court of appeals OF New
York.
Scoville resumed his argument, reading
from the evidence of several witnesses who
were at the depot and saw the shooting and
the subsequent arrest of Guiteau, his object be-
ing TO show that the prisoner was perfectly
calm and cool and in condition OF nerves and
intellect at variance with the hypothesis of
sanity under such circumstance. Mr.. SEQ
vile complained that the prosecution had
failed to call the detective McElfresh to the
stand and the natural inference was because
his evidence would have been of service to
| the prisoner.
Corkhill-We called man who was with
him. You say you wanted to prove by Nc
Elfresh what the prisoner said ON the way to
the jail. Now we had npon the stand an OIL
Ger who rode with MeElfresh and the prisoner
to the jail. Why didn't you get all you
wanted from him.
Scoville replied from the evidence of the
witness mentioned by Corkhill.
| did not speak with him but McElfresh
talked with him all the way to the jail.
He added, "This is sufficient answer. /
think, to your last remark and sufficient rea-
son why we should complain that you have de-
prived us of this very material evidence which
would have shown precisely the language and
mental condition so far as it can be judged by
the conversation of the prisoner at the very
time of the shooting"
Davidge-Then why didn't you summon
these witnesses yourself"
Scoville turned quickly and replying with
some vehemence of manner was interrupted
by Corkhill, ooh please don't scare him."
Scoville-Im not attempting to scare any
one. Don't imagine any one will be easily
scared on either side.
Scoville read from various letters and docu-
ments written by Guiteau at the time of the
shooting in which he alluded to and explained
the act, and argued that it was an utter i'm
possibility for sane man to have written and
talked as the prisoner did in relation to it.
Scoville again called the attention of the jury
to what be had before chs rged, that the prose-
cution had suppressed every particle of evil
dence bearing upon the first two weeks after
the shooting. They had destroyed notes of
their interviews with the prisoner and had
introduced as evidence just what they thought
would aid the prosecution and help TO hang
the prisoner. But accidentally
Guiteau interrupting, "And providentially.
Put the word providentially in, please"
Scoville continued:
But accidentally, providentially might add,
we have the testimony of DR.. Young, and
will say here that if the prosecution in their
final argument should attempt to show that it
was an after-thought with the prisoner to
claim inspiration for his act, you have right
to take all these things into consideration.
Guiteau-They came to my cell and tried
to draw me out. / talked with them little
and told them about the Deity and my in
SEPARATION, and now they suppress all that evil
dence. That shows the iniquity of this prose-
cution and God Almighty will curse every
one on this prosecution in my opinion.
After short pause the prisoner added,
THAT reminds me to say Judge Porter has
been pretending to be sick for two days. |
hope it will be providential to keep him sick
/ hope the Lord will take him down below
quick and then send for Corkhill."
Scoville proceeded. Corkhill made frequent
and as the speaker evidently thought sighting
comments until finally becoming irritated he
turned upon the district attorney and de-
nounced in scathing terms his unfair conduct,
and instanced his production as evidence in
this case of a letter written by the prisoner,
which ne (CorkhilD had Intercepted and mutt
lated by cutting off the signature and such a
portion as he thought might benefit the prison
never before permitted in court of justice,
not even upon the trial of civil suit"
Corkhill (sneering)-That's your opinion
merely. 1t amounts to nothing as fact
Scoville-Well, it will be my opinion. I
presume l am entitled to one, and SO is the
jury.
Guiteau-It was friendly allusion to Presi-
dent Arthur that he cut out, the mean, dirty
whelp.
AS Scoville continued, the counsel for the
prosecution frequently interrupted him and
running fire was kept up between the counsel
for time. Upon one occasion Corkhill ex
planned, II interru pted you because you were
not stating the truth.
Davidge (rather championship he's
just making a little capital before the jury.
Scoville-Yes am making little capital.
Davidge-Well please make it quick
Scoville continued, 81 am making little
capital here and little there, and am doing
it as fast as can properly get over the
ground" The speaker disclaimed as his main
motive the desire to shield this man for the
honor of the Guiteau family. If, however, he
could by his efforts stay this mob influence
which would rush to the scaffold this insane
man, this mob spirit which Davidge had so
lauded-if he could stay this influence until
reason and judgment returned to the consider
alton of this case, then would he accomplish
what was of still more account-save the
American nation and the American Judiciary
from the disgrace of hurrying to the gibbet an
insane man. Scoville then proceeded, APP
parently going over the same ground he had
once before traversed to show that the pri-
soner's morals had been correct and his life
proper up to the point when as he (Scoville)
claimed the evidence pointed to unsoundness
of mind. He denounced the Oneida commu-
nifty and their vile practices. The bench could
not summon any of these people as witnesses.
"But," said Scoville, with the telegraph and
all the powers of the government at their back,
if there had been single immoral or vicious
act on the part of the prisoner during the six
years he was in the Oneida community, this
prosecution would have produced the wit
nesses to show it,"
The counsel for the prosecution continually
badgered the speaker. who as frequently di-
crossed from his argument to respond. AS a
consequence the thread was so often broken
that it was matter of some difficulty at times
to detect any logical sequence in the argu-
ment. Abiding to the evidence of Dr. North,
the speaker said, "This was another instance
of the unfsirness of the District Attorney.
Without the slightest evidence or reason for so
doing he had asked the witness, "Were you
ever indicted for crime?" and the witness had
responded respectfully and frankly, "No sir
and never expect to be-"
Corkhill-I happened to know the mVn
well,
Scoville-All the more reason why you
should not gratuitousiy insult him.
Corkhill--"Well, / tried him in this court
once 1 remembered his face when he took
the stand, and I found afterward that he
was here ON an appeal from the police court.
AS the audience laughed at this point scored
by the District-Attorney, Mrs. Scovile became
very angry and complained in audible tones of
the discretionary "meanness," as she
termed it,
The hour of recess having arrived, SEQ
vile conferred for moment with Judge Cox
as to how long recess should be ordered. The
audience began to rise, and Guiteau impatient
" called out, "Your honor, we are waiting on
you; amt you going to announce recess?"
At this the crier raised a laugh by crying
out "Well, come along, we'll have a recess.
After recess Scoville continued review of
evidence and claimed the prisoner had been
free, frank and outspoken in all things; that
he had conversed at the Jail with every one
that the prosecution had sent there, always
without reserve. Had he been sane and play
ing part he would not have done so. Com
menting upon, as he claimed, the absence of
motive on Guiteau's part Scoville said: You
cannot find an instance in history, you cannot
suppose case, where a man 40 years of age
who never before committed crime, who
never for an hour associated with criminals,
or bad people; who on the contrary always
sought the society of not only the better class OF