The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1882-01-20

FoRTY-FIRsr DAY.

gan his argument, and at once commanded the
attention OF every person in the courtroom.
Writing under tho Negotiations adm nistered,
the assassin shouted out that he II willing to 10
10 tie gallows II 1t he the Lords will.
Judge Porter began his address with refer
ence 10 the disorder which had characterized
the proceedings of the defense, and than spoke
OF MIR. Reeds argument as lawyerllke and based
on the only law points which, with any plausi-
bility, could DO adduced by The defense. or
Scoville's argument lao said 1t could only have
been delivered by one OF the family Of Gui-
teau, who, as he had himself boasted, had
learned his law In the police courts, and
acquired his manners among hOotlng
owls in tho woods of Western
Ohio. MIR. Porter reviewed the argument
OF MIR. Davidge, pointing out its strong points.
"mahce," MIR. Davidge had rightfully said,
"was, III the presumption OF law, question
for the Judge, not the jury. Should the Judge
question OF fact for the jury, he would over
turn the law. He would create precedent in
this famous case which would inevitably be
condemned through all time to come"
MIR. Scoville had objected that decisions in
support OF the prosecutions postulate we're as
antiquated as his (Porter's) style OF oratory.
81 never" said Porter, initiated any man,
and never commented on any ones oratory."
~ never" said Porter, "sat a. tho feet of
that Gamaliel, as Guiteau did. Whether my
manners and morals would have been i'm
proved IL for others to say. Judging from
the disciple who Is before you, ne would
scarcely seem to be an appropriate instructor
for youth"
Proceeding to expound the law on the sub
ject OF malice, reading from the 1880 edition OF
Archibald's Criminal Practice" Porter dwelt
upon the Fermentation OF Guiteau. Referring
to his lyings in wait and 10 his lodging the
footsteps OF the President, he said: ''Was
this worthless vagabond the man to be selected
and inspired by God, a cheat, q swindlsr, a
creature of West habit. He, then, ID junior
in the firm of jesus Christ 4 Co. This murderer,
tracking his victim at night, at church, at rail-
road station, everywhere, till the deed is
done. But grant TINS hi Ieous pretension, and
allow him the inspiration Of Paul, which he
mpiously quotes, that does not protect, as it
did not protect Paul from stripes and DEATH"
Porter went OH TO say that al h,ngh the Pres
ident had died the Government still lived, and
his successor was prosecuting his ASSASSIN.
"Yes," said Gulteau, "and Arthur employed
you under Misrepresentation"
''Yes" SAID Judge Porter "under q misap-
prehension that the law was stronger than
Guitesu. Guteau seems to think that he's
stronger than the law"
- do not claim to be stronger than the law
but God Almighty IL stronger than the law"
said Guteau, sulenly.
"You will come before God Almighty pres
emily" SAID Porter solemnly. Until then he
would do well to refer but little 10 Him. He Will
feel soon what he has never felt tefore
the divine pressure in the form OF hangman's
moose. The prisoner had sworn on the stand
that he was predestned to remove the Presl-
dent. He Lad forgotten to say he was also
predestlned to DO hung for it. Speaking again
of his Interruptions. and OF the promptlngs of
his family Porter said he had supreme con-
tempt for all Guiteaus-not the respectable
ones-but those who sympathized with tho
assassin.
Porter then took up the authorities cited by
the defense, pronouncing them either misre-
ported or bad law from obscure benches.
Judge Porter concluded his mastery
argument 10y reading the now famous let
ter OF President Garfield to Judge Payne,
in which he complmented and thanked him
for brushing away the network of sopbisres
with which it has of late years been customary
TO develop the plea OF insanity when set up in
excuse for crimes.
Judge Cox dec ded that jurisdiction is COM
ple.e at the place whore a wound il inflicted,
and that an appreciation Of the difference be-
tween right and wrong is the correct test Of
insanity.
FoRTY-sEcoND 7AY.
Mr.. Davidge addressed the jury in behalf of
the prosecution. He began by commanding
the jury for its dignifed department and pa
tent attention to the evidence throughout tho
trial. Tho assassin began series OF Interrupt
tons, but, finding he could not discomfort the
eloquent advocate, he gradually relapsed into
silence
ain the beginning" said Mr.. Davidge, "it
was sought to show that the prisoner was OFF
his balance. Now the court t. lis you to look
for that degree Of insanity that disables a man
from knowing that what he was doing was
wrong. This Is the test you are to apply. Upon
the question of inspiration, l think [ will be
IN M y.AtIr OF onftn la
there is III this claim. The only question" lac
said, "was that OF insanity" He then argued
that the prisoner had that degree OF in
telligence. legal knowledge and the moral sense
which rendered him responsible for his acts. In
telling passage lie showed that the prisoner
himself had the WIT 10 seo the fatal weakness Of
Scoviles line CT defense, and repudlated 1t,
arguing in his own behalf that he was no i'm
beclie, but sane man, whose intellect and will
had been dominated during a specified period
OF time, rendering him irresponsible for this
particular crime. He then reviewed the cir
cumstances of the crime, and the victim and the
criminal. His analysis Of Guiteau's character
graphic and effective. "If," he exclaimed,
were 10 sum up the moral and intellectual
qualities of this man, l should say that he had
tine daring OF vulture combined with the
heart Of wolf.' La speaking OF Guiteaus
plan, he remarked upon his greater fear OF the
mob than OF the law, ana exclaimed 1--WE
must say, to our shame that this estimate had
foundation 1t rested" no added, with
the jury to show the world whether Guiteaus
opniOa was well found d. H he had feared
the law as he feared the mob, our martyred
head and chief would DO alive today"
Mr.. Davidge took up in order the
case OF each member of the Guiteau
family upon whose mental condition evil
dcnce had been offered by defense, and re-
cited in connection counter-evidonce OF the
prosecution, summing up the force OF this evil
dence with the remark " But the unanswer-
able testimony OF experts settles the question
hCw much effect this collateral insanity could
have upon the mental condition OF the prisoner
II is but the merest mockery to discuss this
question, in view of the urdoubted ability OF
this man to distinguish between right and
wrong"
Guteau interrupted once, and shouted: 81
have always been n Christian man, and for Six
years have been strictly virtuous. Don't for
get that, either"
Davidge continued: "There is not single
fact, or single jot or title, to show..that this
prisoner was not perfectly responsible for his
action Oh the I'd OF July. The jury will find
that the defense have carefully picked out and
held up to view everything in the entire career
OF this man which may be considered odd or
peculiar, and it is for you to consider how much
value can be attached 10 this evidence, when