Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-05-15
the GUITEAU CASE.
The Justices Unable to Agree Upon q
Decision.

WASHINGTON, May Is.
Chief Justice Cartier and Justices Mac
Arthur, Hagner and James, the judges who
sat in the hearing in the court in banc on the
case of Charles ]. Guiteau. convicted of the
murder of President James A. Garfield and
sentenced to be hung Oh the 30th of June
next, were consultation for four hours, today,
trying TO reach a decision in the case. 1t Is
said in this they failed and the court Is
equally divided and a reargument will be
ordered before five judges. Another con-
sultation, however, is to take place and an
effort made to harmonic the views of the
four Judges and secure decision if possible.
WASHINGTON. May IA.
The four justices of the District Supreme
Court who heard the argument upon the bill
of exceptions in the Guiteau case, namely
Chief Justice Cartier and Justices Hagner,
Macarthur and James are still. it is under
stood. unable to agree on decision. The
Chief Justice and Justice Hagner are report
ed to be of the opinion that the exceptions
should be overruled and Justices Macarthur
and James that they should be sustained.
Another conference will be held tomorrow,
when, if decision is not reached, a reargu-
ment will be ordered with Justice Wyle
(who was engaged in holding the criminal court
last week) also upon the bench, making five
Judges instead of four. Should the excep-
tions as to jurisdiction lie sustained a new
trial would take place in New Jersey, in
which case Guiteau's counsel would again
raise the question of jurisdiction upon the
ground that the assault and death must take
place in the same jurisdiction in order to
render the prisoner legally amenable. Should
this exception, however, be overruled and a
new trial granted upon the ground of error
,,,.. I,,,,f ftat Of hnn rsra
(Guiteau's divorced wife) the case would again
trict of Columbia.
ANOTHER REPoRT.
Although the current report of the dsa-
greement among the judges Of the District
Supreme Court in regard to the Guiteau
case, has been almost universally credited
today and yesterday, yet there is good reason
at late hour tonight, for believing it was
wholly erroneous.
The Post tomorrow will make the following
positive statement: ''Chief Justice Cartier
and Judges Macarthur, Hagner and James
held consultation Saturday, summing up
the arguments of counsel in the application
of Guiteau for re-hearing of the case. The
consultation lasted during four hours. and
was marked by most searching examination
of authorities, and the most rigorous analysis
of every point made in the arguments. The
Judges were in thorough harmony all through
the consultation and in reaching decision,
not for one minute differing in the general
steps by which the decision was reached,
although. of course, each judge had individ-
ual opinions on the various points of law and
their application. The decision will be an
nounced today week. May 22d, Chief Justice
Cartier probably delivering it. This decision
afirms the sentence of the court below, and
of course overrules the exceptions. This
dispsses of Guiteau's last chance. He will
be hanged June 30th, 1882"