Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-21

Guiteau (exultingly)-If they should I'M
dertake 70 sue Corkhiil for ali he owes it
would take the time Of al the court to attend
to the business.
Scoville-I very much dislike to bring out
such things in court room. but when the
DISTRICT attorney persists in his mean little
perpooalities, he cOmpels me to retaliate.
Shortly Afterwards Corkhill again inter
rupeed, when Davidge, Who had come in,
peooesoed wish mock grsvity: Oh, dat in
fesrupt him, be might stop altogether. Gen
eral laughter followed, in which Scoville
joined
Guiteaa found a opportunity to call ont
The papers say that spent three weeks pre-
pairing nv speech. Az . matter of fact,
only spent three or four days, nights and
0osniDp. vast the record straight on this
Dassef.
ScoviIle took up the tables offered BY DIR.
Gray. of homicides by insane persons who
had BEEN ssder his charge n the Utica Asy-
lam. Tbese tables. said Scoville. were pre-
pared for this case, and do not correspond
With the tables for the same year in DR..
Grsy's oflcial report.
He then proceeded to read from the tables
from cases which we're not mentioned in the
tables offered in court by DIR. Gray; cases,
he said, which had Q direct bearing on this
case.
In reading the account of one case of hon.
icide, Scoville said: Had the district atttor-
ney been there he would have said. probably,
Put him on trial for murder and hang him !!
This 10 . case Ut deviltry, depsavity.''
Guitsau shouted exultinZly, Corkhill is an
authority On the devil. DIR. Gray is . man
With big mouth. That's the way / mark
him.
Court at l2.l5 took recess for three-quar-
tiers Of an hour.
A. Guiteau wss being taken out of the
court room At recess, he stopped to speak to
Mrs Scovills, when baili6 Tall attempted to
Inove him along. Guiteau turned angrily and
said to Tall, Behave yourself.
Come, come, said Tall, impatiently. trying
70 pssh the prisoner.
Let me alone, shouted Guiteau, mind your
own business.
team, the latter with his manacled hands
struck the of1cer in the back, when he was at
once seized by the officers and hurried out Of
the court room.
After recess Scoville said. 1 might detain
you gentlemen for . week longer with just
such observations - have seen making upon
the evidence introduced BY the prosecution,
but shall not dwell longer upon facts. l
will close with few general observations.
You are aware all the laws framed for the
protection of society and the punishment of
crime. are directed against sane people; not
one 10 framed for the punishme of the in
sane. Another thing would call your at
tention to, 10 that all laws are made to cover
the general classes Of cases. and it is not pos
sible to make laws that will cover each par
ticular case, according to its attendant cir
cumstances. 1t 10 impossible for human
laws to meet the exigencies of every case
and do exact justice to each. and while we
try in the examination of these matters be-
tween oar fellowmen, to reach the exact
truth and obtain exact justice, yet you all
know how imperfect human laws are in OBJ
tanning this result. Now when you come to
consider this case now on trial. they will tell
you because he knew his act was wrong the
same punishment should be melted ont to him
as in the case Of the hardest criminal. who
devoted all his life to the pursuit of evil
plans and purposes. But 1 tell you this is
not right, and when q man has overstepped
the boundary line of sanity and committed a
crime, he should not pc punished
IS should sane man. The iron rigor of law lie
modified in this particular, and as believe
the court will instruct you, if you find rea-
sOnable doubt as the law mercifully declares
of his sanity you shall give him the benefit
of it. The object Of human punishment is
not for revenge, tn do unto the criminal as
he has done to his victim. The object of
punishment in the enlightened age is for the
protection of life and property, for security
of society and not founded upon the barbar-
Gus theory Of revenge. Any punishment
that has that result for the protection of life
and property is right and sufficient for us to
infiict, and what is best to secure that result
lie the question presented TO us now.
Scoville then discussed at some length the
demoralizing influence of the scaffold. In
his opinions crimes can be diminished by the
abolition of capital punishment. Scoville
then proceeded to anticipate the argument of
Judge Porter and point to the jury the fallacy
Of the arguments which he predicted Judge
Porter would advance. In conclusion he
said: It often has been said that our jury
trials are a farce, and have often in nv
practice frequently heard it said that the jury
system ought to be abolished. Bnt, gentle
men, I thank God there was a time when my
English ancestry stood up against wrong and
injustice and wrested from a despotic
being the right Of trial by jury,
and never have yet seen the time when
would wish to have that right abolished.
feel more secure and more safe in this mode
of administering justice than in any other.
So long as the juries are honest 1t does not
require that you should have read Kent or
Blackstone. 1t requires that you should
have honest hearts and clean hands, and,
above all, that you shall be fearless to find for
right, regardless of what may come, regard
less of whether your fellowmen will approve
it or not. This 10 what shall expect of you,
gentlemen. and I believe you will do it. l
leave the case with you, gentlemen, thanking
you for your kind attention.
Some applause followed the conclusion of
Scoville's speech which was promptly check.
ed by the court.
Corkhiil stated on behalf of the prosecu-
ton that he would withdraw all objection to
Guiteau's addressing the jury; that the trial
had been long and expenslve and he did not
desire to give any opportunity for objections
upon which to found a demand for a new
trial.
Guiteau remarked that he appreciated this
unexpected courtesy Of Corkhill.
Judge Cox stated that he had decided to al.
low the prisoner to speak.
Guiteau-I shall deliver to the jurv my
speech hich has be en- published in all the
newspapers. shall want about two hours.
your honor. speak rapidly.
Amer some consultation between the court
and counsel, - Guiteau was not prepared to
speak today the court adjourned till tomor.
row.