The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-26


came 80 violent and noisy that il was with
the greatest difficulty the bailif could quiet
him. The Interruptions OF the prisoner
increased in violence and frequency till. re-
inforced by objections from Mr. Scoyilc. /
the clamor and din for the moment resem- !
bled small Babel.
Judge Porter Closes.
Judge Porter continued his Argument |
amid continued struggle to make his /
voice heard against the clamor and vile |
abuse OF the prisoner lie closed at 3 !
O'Clock. In conclusion. he said - He who /
has ordained that human life shall be shield /
cd bv human law from human crime pre- /.
sides over your deliberations. ara the YER I
dict which YOU will give to-day will bc re- +
corded where we are all 20 come at the
grcat dav. trust that your verdict will
be prompt. and will
UPHOLD TIE MAJESTY OF TIE LAW.
and reflect credit upon your integrity. and
that the warning shall reach all lands that
political murder shall not be- permitted TO
avcngc political wrongs or settle political
disputes. ! trust you viii so discharge
vour duty that by your acton, at least, ~
litiral assassination shall ind no sanction 10
make n precedent hereafter, and ! hope
the time will come when, by an inferno
fionaI agreement, the law shall be 50
strengthened that the political assassin shall
find no refuge on the face OF he earth.
TIE ASSASSIN OF GARFIELD
knew that against the law OF God he was
breaking. with bloody hands, into the
house oi life. but hc did not know that over
his crave. ii grave he j. TO have, would be
written thi, inscription: 'The grave OF
the cowardly assassin, the swindlcf and the
murderer He did not know when Gar
field Welded up his life that the hand
that aimed That pistol against his lille
wrote the name OF Jamcs :. Garfield in
character, of living light upon the iirma-
ment n radiant rs il every letter Was
traced in living stars
judge Cox submitted to the Jury the
question whether they would prefer to re-
main and hear his charge to-day or wait
until tomorrow. They chose TO hear the
charge at Once.
Fudge COx's Charge.
judge Cox then read his charge to the
iury. He commenced by saying that the
Constitution provides that in all criminal
prosecutions the accused shall enjoy the
RIGHT OF speedy and public trial by IN inn
partial Jury i'm the State and district where
the crime shall have been committed: that
ne shall lc informed OF the cause and M
tire OF the accusation against him
tina; he Shall be confronted with the wit
ncs>cs AGAINST him; that ne shall have COM
DulSorv process 10 obtain witnesses i'm his
favor. and that he shall have the assistance
OF counsel in his defence. Those pro-
visions were intended for protection
Of innocent men from injustice and
oppression, and it was only by
Their faithful observance that guilt
or innoccne could be fairly asccriancd.
Every accused person was presumed to be
innocent until the accusation was proved.
With what difficulty and trouble the law
had been administered in the present ease
the Jurors had been daily witnesses. II
WAS. however, a consolation 10 think that
not one Of those sacred guarantees Of the
Constitution had been violated in the per-
son Of the accused. At last
THE Long CHAPTER OF PROOF
was ended. The task OF the advocate was
done. and it now rested with the jury to
determine the issue between public justice
and the prisoner at the bar. No one could
feel more keenly than himself the great
resnousihility " lis duties, and be
felt that he could only discharge them
bv close adherence 10 the law
as laid down by Us highest authorities.
Before proceeding further he wished
10 notice I'm incident which had taken place
pcnding the recent argument. The pris-
oncr bad frequently taken occasion TO pro-
claim that public opinion, a. evidenced BY
the press and spondents, was in his
favor. Those declarations could not have
been prevented, except 10y the process of
GAGGING THE PRISONER.
ANY suggestion that the Jury could be
Influenced by such lawlesS Gathering Of the
prisoner would have seemed TO him alb
Surd, and he should have tit that me was
insulting the intelligence OF the jury II he
had warned them not to regard II. The
counsel for the prosecution had felt II ne
cessary. however in the final argument to
inicrpose contradiction to such state
ment, and an exception had been taken
on the part OF the accused 10 the form
i'm which that effort was made. For the
sole purpose OF purging the record OF any
objectionable matter he should simply say
that anything which had been said on either
side in reference To public excitement or 10
newspaper opinion was not to be regarded
hv the Jury. The Indictment charged the
defendant with having murdered james \.
Garfield. and it was the duty OF the Court
TO explain the nature OF the crime charged.
MURDER WAS COMMITTED
where n person OF sound memory and dis
erection unlawiuIy kilcda reasonable being
in the peace OF the United States with
malice aforcthought 1t had TO be proved
first that death was caused by the act OF the
accused. and furthcrthat II was caused WIN
malice af0rethOught. That dld not mean,
however. that the Government had TO
prove any iil-will or hltred on the
part of the accused toward the de-
ceased. Wherever the homicide was
shown TO have been committed with
out lawful authority and with delibe-
rate intent II was sufficiently proved TO
have been done with malice alorethought,
and malice was moi di-proYed by showing
that the accused had no personal ill-will TO
the deceased. and that he killed him from
other motives. as, for instance, robbery or
through installing him for another, or (as
claimed in this case)
10 PRODUCE : PUEBLO BENEFIT.
If il could be shown that the Killing oc-
Cured i'm a heat OF passion on under provo
cation, then it would appear that there was
no premeditatcd attempt, and therefore no
malice aiorethought, and that would re-
duce the crime TO unnslaughter. IL was
hardly necessary, however to say that
there was nothing OF that kind in the
present ease. The jury would have
TO say either that the defendant
was guilty OF murder, or that he
was innocent. In order to consti-
tute the crime oil murder the assassin
must have n reasonably sane mind; in
technical terms, he must be of sound
mind, memory, and discretion" An irre-
sponsibly insane man could not commit
murder. II he was laboring under dis