The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1882-01-13

in 1913. at the request of the House of Lords
laid down the legal rule defining responsibility.
This rule WAS the good old right-and-wrong TEST
the rule Of common sense. The law drew no
line between the low degree Of Intelligence on
one hand and the highest on the other In the
respect of the responsibility for crime.
Mr.. Heed opeLsd the argument Tor the ae-
Tense in advocacy OF the prayers presented py
them. He promised his remarks by tho con-
cession that, in the use of deadly weapon In
such manner as to result In death, the
law presumed malice. That need not
DO discussed. The question whether or
not the killing Of the President was
done with malice was a question entirely ana
exclusively for the jury. The defense Claimed
the act was done without malice on the part
of the defendant. II the jury had reason
able doubt of the guilt of the accused,
it was their duty to acquit him. They
had no discretion As to insanity, the
modern doctrine = the better doctrine
was that IL the jury had reasonable doubt Oh
the sanity of the accused at the time OF COM
hitting the act, it was their duty TO find him
not guilty. Formerly, the insanity had to be
proved by defendant beyond any reasonable
doubt
FoRTIETH DAY.
Guiteau opened business by stating that he
had received some 800 letters, most Of them
from ladies, as we'll as a check for 81 900 from
the stalwarts of Brooklyn and an other for $500
from the stalwarts of New York. lScoulie
states that the papers are worthless, like one
sent him for $15, O00.l 81 want" said the as
sassin, this jury to understand how public
opinion is on this case
bailin tried 10 silence HIM, when he turned
upon him in most vicious manner and snarled
out "You keep quiet and mind your busi-
ness. Do not interfere with me when l am
talking. II you had any sense you would I'M
derstand your place"
ant
His remarks were listened to with marked at
tention. He laid stress upon the propositions
that insane men often knew the difference be-
tween right and wrong, and for that reason con-
ceal their plans, and that the benefit OF the
doubt shonld attach to the plea OF insanity
when raised with the same force as when urged
n connection with the commission OF 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 an indignant reply that the charge
| was false.
Scoville retorted that the opinion Of a man
who sat OH the same bench with Barnard and
Cardozo should not be received with much
| consideration.
| Judge Porter, with even moro vehemence,
reiterated that the charge of counsel was abso-
lutely false that Judge Davis never sat on the
bench with either of the gentlemen named:
of an honorable member OF the Federal
| judiciary is to be put upon trial here, de-
maud, said Judge Porter, % that the recort
be produced here upon which this base charg'
| is made"
Sooville insisted that when the style of pro
ceedings best suited to police courtwere intro
| duced here by the prosecution, he should com
| ment upon them he deemed fitting. HI
should not be frightened by the tragic utter
ances of Judge Porter. He had heard tia
same notes years ago from owls at night In tn
woods of Ohio.
Abiding TO his controversies with Judg
Porter, Scoville disclaimed any intention l.
transgress the bounds of propriety or tn
rules of practice, but he should criticise tn
conduct of counsel when il merited criticism
and threats of prosecution would not intim
date HIM. Citing the custom of counsel upo
the other side OF bowling to the jury upon er
terlng, Scoville said sometimes 1t is thre
bows all round sometimes more never les
than three. 1t has never been done by oounst
upon this side, and l do not hesitate TO Ont
else the propriety of it."
Judge Porter" The gentleman Is simply in
staneipg his lack of politeness. II he has n
apology to offer, shall certainly not apologiz
| for him."
Corkhill next proceeded to read from printe
slips an exhaustive argument upon tbs subjer
Of juri sdietion.
Davidge then discussed at length the ques
ton of malice. He also discussed seriatim tn
prayers of the defense, and pointed out "thei
sophistries and Inconsistencies.
The prisoner followed the argument with tn
closest attention, and INDUCED IN frequent ant
! noisy comments.