The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-01-05
STANTON, VIRGINIA, JANUARY 5, lssta~

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Giles to the administration of justice.
The Prisoner-That is false
Mr.. Davidge (continuing)-W have undel
stood from the beginning that your Honor nc
only desired to accord to this prisoner the flu
measure OF his constitutional rights, but ths
you wished, furthermore, not even 10 appea
to infringe on those rights We have sur
posed that not only were those rights to b
respected in their integrity, but that any erro
ON the part of the Court should be an error i
the direction of mercy IN respect of the pris
/ oner
The Prisoner-That is correct
Mr.. Davidge-f not acqulescing in at leas
respecting, views of that sort flor We have no
fully subscribed to the idea that those consti
tutional rights may not be lost by the conduc
Of the prisoner at the BARI, we have allowed
| day after day TO pass without making any APP
plication for judicial coercion The prisone
has proclaimed himself to be sane to this cour
and the world. The last theory of this case il
that il presents an instance of what is callet
"trsnsitory insanity"--that there was a par
ticular segment of time during which he wa
deprived of reason, but within an hour afte
the crime recovered that reason and has had i
from that time to the present. Your Honor
in addition to the consideration have referred
to, has doubtless been strongly controlled b,
the consideration that here was man on trla
for his life whose sanity was one OF the issue.
involved in the trial. ! simply now assert
that at this stage of the trial nobody can ques
ton the fact that he is sane in respect at least
of his conduct and behavior in this court
think that your Honor cannot deny that man
who, as he says, is here as his own counsel is
at least to be treated as sane as to decency in
conduct and behavior.
The Prisoner (excitedly)-I am decent. II
is your side that is not decent.
THE MOTION TO DOCK HIM
Mr.. Davidge COMMUNICABLE want to
call Your Honor's attention to the motion
made by Mr.. Porter on Saturday. That mo-
ton was to remand this prisoner to the dock,
where he belongs.
The prisoner (violently)-I am here as my
own counsel, and the Court has no discre-
ton.
Mr.. Daviage- Your Honor and myself haye
tried many cases in this court where men were
under indictment. The old practice was that
man indicted for crime should always be in
the dock, no matter who or what he should be-
We know that perfectly WELL and we know
that the relaxation has been for the benefit of
counsel and not for the benefit OF the prisoner
We saw yesterday the salutary effect of this
motion on the part of Mr.. Porter. We ex-
perienced then for the first time day of quiet
and order
The neutrality-suspicious. was
not abused as much as usual
Mr.. Davidge not needing the interruption)
AS contrasted with the disorder and black
guardism of former days. That was the ex-
perience of Your Honor in regard to the
making of that motion. 1t seems to me,
therefore, that the time has come for the court
to act. 1t seems to me that not to act is to
encourage in the future what has transpired
will take up and decide the motion submitted
on Saturday
The Prisoner am quiet when am treated
decently not otherwise. 1t is all caused by
the mean, dirty way in which the prosecution
have conducted themselves. If they had con-
Quoted themselves as bigh-toned lawyers there
would have been no trouble. 1t has been all
caused by Corkhill and Porter
Mr.. Reed do not know what the practice
has been in this court as to the place the ac-
cused should occupy.
Mr.. Davidge i will state to you as fact
known to all old practitioners that the place
of the criminal is in the dock. General Sickles
sat in the dock and the court refused to relax
the rule, notwithstanding he was lawyer in
good standing and at that time member of
the House of Representatives. I ought to
have added to the remarks made that the in
tention was not to press the motion except in
the event of some expression on the part OF
the prisoner, requiring in our Judgment, iu-
dicial action.
The Prisoner-What you want is more
sense.
GUITEAuS OUTRAGE Gus INSULTS.
Mr.. Davidge-His outra geous, scandalous
insults to my senior (alluding to Mr. Porter
furnish the necessity for calling for judicial
decision on the motion
The Prisoner am quiet enough when
treated properly, but not when am abused
No decent man would be. Sickles did not APP
pear as his own counsel, and that is the differ
Anca between Sicklas and 1ne
Mr.. Reed then proceeded to argue that I'M
der modern practice everywhere the prisoner
was allowed to sit beside his counsel and in
stanced that such was the case in New York,
where Mr.. Porter practced
Mr.. Porter misunderstood the remark and
exclaimed, II am no criminal"
Neither am /, y retorted the prisoner.
Mr.. Reed then repeated the remark, where
upon Mr.. Porter apologlzed for his interrup,
ton, stating that it occurred through defective
hearing.
Through stupidity broke in the prisoner,
CONTEMPORARY.
MIR. Reed-1 have endeavored to persuade
him that he was dong himself an injury.
have been unable to accomplish the desired
purpose. What Mr.. Davidge says-that it is
established to everybody that this man is sane
80 far as it respects his conduct in the court
room-I deny. That do not believe is salts
factorily proved to everybody. If there is q
fair, reasonable doubt as to his sanity, l. sub
nit that humanity calls aloud to have him
treated kindly. Your Honor has been very
kind and patient and intelligent and has been
subjected 10 some unkind criticisms for that
conuuct'; but enlightened posterity and the
patient judgment of posterity will commend
rather than condemn your Honor. Nothing
would crafty us more than that some means,
not harsh not unkind, should be adopted to
keep the prisoner quiet.
The Prisoner-It can be DONE because |
will do anything his Honor says. l want
these men on the prosecution not to abuse me
any more. They have dug up my record and
it is enough to exasperate any man, even q
saint. 1t has no possible relevancy to this is
sue whatever and it is an outrage on me, the
Court, the jury and the American people.
That is my opinion about the prosecution.
Mr. Spnyi11a hat ;c pcta mo