The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-01-12


died in the state of New Jersey, then tht
prisoner is guilty of the crime of man
slaughter and the jury shoald 50 find
fJseeRth-Ihe jury are instructed tC
find a separate verdict on each count oil
the Indictment, and ilasmuch as il Is
charged in the first, second. fourth, fifth
seventh and eight counts of the indict
ment of this case that the death of the
| President took place ia the county ol
Washington, in said District OF Column
bia, and there is no evidence of such fact,
therefore the jury are directed to find the
accused not guilty on each of said counts
separated.
:. Sirtee1tk-Inasmuch as the evidence
is uncoatradieted in this case, that the
wound was inflicted on the deceased on
the I'd of July, in the county of Wash
ington. in the District of Columbia, and
that the President subsequently, and in
the month of September 1881, died in
the state of New Jersey, the jury are in
Il Structed that by reason of these facts the
accused is not guilty of the crime of
murder, as charged in the indictment,
and the verdict must be not guilty, un-
less the jury shah find him guilty of
maQsiaughter as charged in Tue four,
tecnth prayer of the defense,
WILL URGE HIS RESPIRATION THEORY.
Scoville said tonight that Guiteau
| would undoubtedly close the argument
in the case by urging his inspiration
theory.
The Grant Porter Correspondence.
WASHINGTON, Jan. 5.-The following
correspondence has been submitted TO
the president:
MoRRIsTowN, N. J., Dec. %, 81.
Hon. Wm. II. SesoelL, United States Sen
| ate:
DEAR SENAroR-You kindly offered
your services in the matter of my vindi-
cation, and l am grateful TO you for
your outspoken friendship. beg of
my appeal and accompanying doc
uments, and ask of him in the
name of long delay justice early
| consideration and earnest action on its
merits. With my appeal is one from
| General Grant 10 the president, and I
have his assurance of a further personal
appeal In the near future. He is feeling
deeply interested in the result, having
from misunderstanding, failed TO act
when the matter was before him as gen.
eral of the army, and as president of
the United States. There are also
several petitions from officers, from
higher ranks, and indeed, from soldiers
of all grades, generally, cognizant of the
facts in New York Oiiy aud other cities
of New York, from Maine, New Hamp.
shire, Massachusetts, Pennsylvania; also
from numerous citizens of Philadelphia.
Numerous other petitions from officers
and soldiers from several states were
presented to congress at its last session,
and there were many in the hands of
President Hayes when he appointed the
| advisory board, including the appeals
from the legislatures of New Hampshire,
AIkarrz nd OILS
guments from able jurists. The few of
these that have been able to recover /
have appended to my appeal SO that it
may be seen how much larger Is the
class of our citizens interested in the adj
ministration of justice in this case.
Last, but not least, take-that, which
under the circumstances, will be sane
| tioned-liberty of sending private let
| ter to me from General Tarry, whose
manly utterances are only equaled by
those of General Grant am very
| truly yours,
[Signedl F. J. PORTER.
| New York, December, %, 1881.
| To the President, Washington, ID. c.:
Sir:-I respectfully represent that iH
January, 1868, by court martial, | was
most unjustly declared guilty of the
charges against me, and sentenced 10 be
cashiered and forever disqualified from
holding any Office of trust or profit un-
der the government of the United States.
From the PRONUNCIATION of the verdict Of
that court, ! have protested my limo.
cence of all wrong done, and asserted
the injustice of the sentence, presenting
sustaining evidence. l have from time
to time urged a rehearing In 1873 the
president, in order to be fully informed
| of the facts in the case, and TO be enab-
| led to act adYisedly upon my appllca-
Lion for relief appointed aboard OF army
officers to investigate into the merits OF
| the case and report what be taken on my
application. That board, after thor
ough investigation into the facts, vindi-
Gated me in every respect, and reported
that, in :heir opinion, justice required at
the hands of the president such action
as may be necessary to avail and set aside
the findings and sentence of the court
martial and restore me to the position
of which that sentence deprived me,
| such restoration to take effect at the date
of dismissal from service. ! now re.
specially and urgently represent that
the sentence is a continuing sentence,
and so long as it exists within the reach
and under the control of executive pow
er, that harsh and burdensome originally
and lasting through many years, 1t is,
for stronger reasons, a subject for the
tive now that it is proved to be founded
on error and unjust. 1 now respectfully
ask you, if convinced of the justice of
the Recommendation of the advisory
board, to annul and set aside the find.
ings and the sentence of the court mar
ttal and nominate me to the senate for q
restoration to my rank. This | ask, not
merely in justice to ne and those most
dear to me, but in justice to the army to
which I belonged and which has ever
believed in me, and to the government
which honored and trusted me.
Very respectfully yours,
FRI JOHN PORTER,
{ NEW YORK, Dec. %, 1881.
The President, Washington, u. o.
> DEAR SIR: At the request OF Gen
John Fitz Porter, 1 have recently re-
Viewed his trial and testimony, furnish
ed before the Schofield court of inquiry,
held in 1879, giving the subject three
full days of careful reading, and consid-
Grafton, and much thought in the inter
vening time. The reading of the whole
Of this record has thoroughly convinced
, me that for these nineteen years l have
been doing a gallant and efficient sol
! der a very great injustice, in thought
; and sometimes in speech. feel 1t ID
: cumbent upon me now to do whatever
: lies in my power to remove from him
and his family, the stain upon his good
name. / feel this more incumbent on
q me than l would if had beer
q corps commander only, or occu
!, lpying any other command in the army
= than the one did, but as general Ihac
it as possible in my power to have
!, obtained for him hearing, which
: did not obtain until later day. car
. only state that shortly after the war clos
q ed his defense was brought to my att
\ ton, but l read it with sketch of tn
field where his offences were said u
q have been committed, which ! now fnC
: since perfect maps have been made b,
a engineers, of the whole field, were total
ly incorrect What l would ask in Gen
I Porter's behalf from you, is that If yo'
= can possibly give the time, that you Civ
a the subject the same study and though
!, | that have, and then act as your discr(
# tioa may dictate. But feeling that ya
I | will not have time for such investigt
"a ton, (for it would take several days
q time), l would ask that the whole ma
= ter be laid before the attorney genera
= for his action and opinion HOpin
. that you will be able to do this muc
= for the officer who has suffered for nint
teen years, punishment that never shout
"a have been inflicted on any but the mos
r guilty. Very truly yours,
TSignedl U. S. GRANT.
If
n Wound up-The Testimony in the Ga
teau Case All In.
j. WASHINGTON, Jan Mr.. Reed az
d mitted that Scoville's motion to add az
N dional testimony rested entirely With
Ot the discretion of the court, but urge
that it should be allowed in the interes
l Il r. n