The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-01-10
THE LAWS DELAY
AND THE AssAssl@s coNrvMELY,
ola Dspratlty Open, COurt By Taking a CsASul
Of His Popularity with the LAdlH,D-SsO.
vile Continues the LrTun,ntIO Of the De.
fSuSs-LfufI Tits Between Counsel

I'll Nhbs-LlVely luh bttWtth SouAAu
, WASHINGTON, January O.-Guiteau a,
rived at the Court House about $50 an
, was taken to the waiting room. He aI
peared rather nervous and hiscountenanc
indicated anxiety. When he had taken
, seatin the dock he glanced around stealthil
over the audience and Immediately begaI
harangue, evidently intended for the jury
81 have received" he said, "some eigh
hundred letters, a great majority Of then
from ladies. When l get time l shall at
tend to them. l want TO send my greeting
to the ladies Of America and thank then
for their sympathy. They don't want m,
to be hanged. Public opinion Is ias
changing. Ireceived Saturday check fo
81 900 from the stalwarts OF Brooklyn, ant
another for $500 from the st2lwarts Of New
York. wantthis Jury to understand wha
public opinion is on this case"
| A bailiiF here tried to silence him, when
he turned upon him in most vicious nan
ner and snarled out, "You keep quiet and
mind your own business. Do not inter
tere with me when l am talking. II you
had any sense you would understand your
place." With this opening breeze the pro.
ceedings In due form were begun.
Scoville resumed his argument.
Scoville proceeded without interruption
for an hour. His remarks were listened to
with marked attention. He laid stress up
on the propositions that insane men often
knew the difference between right and
wrong, and for that reason conceal their
plans; that the benefit OF doubt should
attach to plea of insanity when raised
with the same force as when urged In
connection with the commission OF the
crime. His allusion to the decision Of
Judge Davis, who went out OF his way, he
said, to pass upon something not involved
IN the case he was then considering, brought
Judge Porter to his feet with the Indignant
reply that the charge was false. Scoville
retorted that the opinion Of the man who
sat on the same bench with Barnard and
Il Cardoza should not be received with
much consideration.
Judge Porter, with even more vehemence,
reiterated that the charge Of the counsel
was absolutely false; that Judge Davis
never sat on the bench with either OF the
gentlemen named If the honorable
Der Of the Federal Judiciary is to be put on
trial here, l demand, said Judge Porter,
that the record be produced here upon
which this base charge is made.
Mr.. Scoville insisted; that when style
OF proceedings best suited to q Police Court
were introduced here by the prosecution
he should comment upon them as he
deemed fitting. He should not be fright
ened by the tragic uttennCes Of Judge
Porter. He had heard some notes years
ago from owls at night in the woods oi
Ohio.
Guiteau laughed sneeringly, and called
out; That's very fine speech, Mr.. Por,
ter"
Mr.. Davidge protested that not five min.
utes had been devoted to the proper scope
of argument, and the court warned the
counsel that they must abstain from per
sonalities.
Mr.. Scoville continued his argument un,
til II o'clock, and in conclusion desired 10
make few remarks OF q personal character
Abiding to his controversy with Judge
Porter, he disclaimed any intention o.
transgressing on the bounds OF propriety OIL
the rules OF practice, but he should Criticist
the conduct OF the counsel when 1t meriteC
criticism, and the threats OF the prosecu
ton would not intimidate him. Citing the
custom OF the counsel on the other side
OF bowling to the jury upon entering, Mr.
Scovllle said: Sometimes it is three bow
all round; sometimes more; never less thar
three. 1t hasnever been done by the counse
on this side, and l don't hesitate to crit
else the PFopriety OF it.
Judge Porer-The gentleman is simply
instanclng his lack Of politeness. u he has
no apology to offer | shall certainly moi
apologize for him.
Recess.
After recess Corkhill stated that he had
not expected to speak on the legal points
relying upon the assurance OF the defense
that tue question Of jurisdiction would moi
be raised, but as the last two prayers Of the
defense distinctly made that m issue, he
felt that it was his duty as the prosecuting
officer OF the Government to address the
court upon the question, to which he had
devoted much careful consideration. He
. then proceeded TO read from printed slips
an exhaustive argument upon the subject
OF jurisdiction. The argument occupied the
attention OF the court one hour.
DaVidge discussed the seriatim PRAYERS
OF the defense and pointed out "thelr soph.
istries and inconsistencies.
THE object OF the prosecution" he said,
sis TO obtain from Your Honor plain, clear
and direct ruling upon four distinct propo.
sitions. The apparent object Of the de-
Tense has been to beios oil that may be
clear in this case in the vain hope that they
may get the jury with some uncertainty
attached in some way to the case
upon which to build up plea for ac-
quittal. Why, Your Honor, in the course
OF thirty years Practice | have never seen
such prayer us this one offered by the
defense. 1t has no justification, Il has
no excuse. We don't want obscurity in
this matter. We want light. We don't
mean to let this prisoner escape in q
cloud, but We want from your Honor a
clear and perspiCuous ruling so that the
twelve average men sitting upon the jury
cannot possibly go astray,
DaVidge severely handled the eleventh
and twelfth prayers Of the defense, and
characterized them as mean attempts 10
cast a suspicion upon the experts who had
testified for the prosecution themselves
The prisoner followed the argument with
the closest attention, and indulged in fre'
quent and noisy comments.
Davidge concluded his argument at five
minutes TO 8 o'clock, and the court then ad
journed until tomorrow morning.
Judge Porter will make the concluding
argument Immediately upon the opening
Of court, after which Judge Cox will rendel
his decision,
GOULD PLANKED
BY the baltimore 4 ohio RAilroad-mIl