Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-24

dsv. This careful man, careful of his own
safety, made every provision even to his own
CONVEYANCE to Jail, and as soon A. he had
seen his victim fall turned and run where?
Where did he rum
Mr. Scoville interrupting Judge Porter,
said: 1 desire to correct the speaker on the
evidence. do not find single witness who
testified that the prisoner ran after firing.
Mr.. Davidge with much earnestness OBJ
iected to the interruption. He believed it
but the first of series Of Interruptions in
tended to break down the force of the closing
arguments. Counsel had no right to inter-
rupt unless the speaker read incorrectly.
Judge Cox-We cannot have a running
discussion, and that is just what this will
lead to.
Scoville-I was interrupted fourteen times.
have done so but once, and l propose to
test this question right here, If the counsel
persists in disappearing.
Davidge-Yourh onor can at once see the
object of this thing, and it is for your honor
to decide whether the argument is to be given
in its entirety to the jury, or whether inter-
rupted in this manner.
Judge Cox-You will proceed Judge
Porter.
Judge Porter continued at length, being
interrupted several times.
The speaker after this somewhat breezy in
cdent, continued by saying, cannot, in this
argument, even allude to Scoville or Reed,
he counsel on the other side. This case
looms up so immeasurably above them, that
in making the closing argument, l cannot
even allude to them except as it may be alb
solutely necessary.
The evidence and papers presented here
by Gen. Reynolds, said Porter. and among
them, the prisoners address to the American
people, are sufficient to stamp him cool,
calculating, cold, blooded murderer. These
papers, at one time could not be found, either
in the district attorneys or the attorney gen.
erals offices, and neither of the counsel for
the government saw them until day or two
before Reynolds took the stand. But. thank
God, the papers were found, and they are in
the evidence before you, and before con-
cude think shall be able to show you
that not one of you could, on this evidence,
acquit this criminal unless you perjure your
souls and assume your share of the response
bilitv for the murder of the lamented Gar
field.
Guiteau-That's all bosh. I'm very glad
those papers are here. When the attorney
general saw them he wouldn't have anything
to do with the case.
Porter then explained at some length, the
relations of the counsel for the prosecution
to this case, in reply, as he said, to the fire.
quent insinuations of the prisoner and his
counsel that he (Porter) and his associates
were improperly influenced by the expecta-
ton of money reward and had entered into
a conspiracy to execute the law and convict
the prisoner. The district attorneys duty
was plain and his salary was fixed by law,
Il C.lnn n,xI
fees in certain cases as prescribed by law.
Guiteau shouted, His office, I'm told is
worth 81 900 year, and yet he cannot pay his
board bill He spends it all for wine and
fancy women.
Speaking of his own compensation, Porter
said, that was matter to be fixed and deter
mined by the highest law Office of the gov
eminent, and whether the prisoner was con-
victed or acquitted would make no difference,
if his full duty in this responsible charge was
performed.
In reply to the broad cast imputation put
on the government, that they offered special
inducements, by Corkhill, to come here and
testify Porter said, not one dollar can Cork
hill draw from the Treasury except upon
proper vouchers certified according to law,
and not single witness has received one
dollar more than the bare allowance provided
by law.
Porter repealed the assumption of the coun-
sci for the defence, that there was man up
on the jury who would hang the prisoner
the prisoner himself had indicated that he
rested his safety upon one man.
Guiteau-I rely upon twelve men. The
arguments of the defence for the past seven
days had all been directed to this one object
to divide the jury.
Porter addressed himself upon this subject
with great force of argument and eloquence,
directly to the intelligence and conscience of
the jury. They must not believe if any man
of them thought to discharge his duty by
avoiding full duty and should cause divi-
ded jury, that the United States government
would any the less press this trial to convic-
ton.
Judge Porter continued-This case stands
and stands alone upon the single question,
Whether on the I'd of July the prisoner be-
lieved he was commanded to commit this
crime?
Guiteau-That's it. that's all there is to it,
POrter-The prisoner assents and in nv
opinion he knew from the first that upon this
sole issue his case must rest. If his counsel
had half the intelligence of the prisoner they
would have seen the same.
Guiteau-Thank you Judge. but l don't
take much stock in your opinion any way.
Porter adverted to the constant Interrupt
tons of the prisoner, his false claims of SYM
pathy and that the press was with him, and
said in contradiction have yet to see single
American newspaper that has one word to
say in his defence.
Scoville vainly strove to get the ear of the
court by protesting that Porter was exceeding
the rules of the court by such statements.
At length Porter paused and Scoville de-
manded that he be allowed to make a similar
statement in reply.
Porter attempted to go on but Scovillc, re-
inforced by the clamor of the prisoner, sue
ceeded in getting the floor, when with much
excitement, he demanded that his rights
should be respected. He insisted that Porter
had no right to state what newspapers said
or what they did not say and he desired an
exception duly noted.
Corkhill insisted that the counsel had no
right to object. The prisoner had been al
lowed to state what he had received in way
of letters. He had been permitted to read
them and to read extracts from the papers
and to make all sorts of statements as to
what the American people and press were
saying of him. Porter was simply contradict
ing these statements.
Judge Cox intimated that the prisoner was
not allowed to do as charged but could not be
restrained from doing so.
Scoville-Well, can't Judge Porter be re-
strained?