Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-04-10
'rHE GUlTEAU CASE.
An Abstract of the Bill of Exceptions.

w "A pm U.
The bill of exceptions taken in case of
Guiteau, and signed by Judge Cox, of the
Criminal Court, have been printed. There
are 80 exceptions as to the matters occurring
up to the time the case was given to the jury.
and exceptions also, to the rulings of the
court in denying new trial and Overruling
the motion in arrest of judgment. They may
be summarized as follows:
lst-Ruling of the allowing the govern
ment to put in testimony, to the plea of
insanity, in rebuttal.
2d-On admission of X. S. McArthur's
testimony, that the prisoner had obtained
500 from him on note which had not been
paid.
3d-On admission of the testimony of C.
Well, that the prisoner, in 1872, collected
over $500 for Emil Haas. client, which he
failed to pay over.
4th-On everything the defendants testi-
mony, of Well, as to the conversations he
had with the prisoner after he had failed to
pay over to Haas the monies collected for
him.
5th-On overruling the defendants objec-
tons to the testimony of ID. Mclean, to show
and detailing the conversations he had with
the prisoner in 1872 or 1873, in which the
prisoner spoke of sticking someone with a
brass watch.
6th-On admission of the testimony of
Shaw, as to the prisoners speaking of bor-
rowing money from Mccarthy.
THIN the admission of the following
question and answer of DIR. Fordyce Barker
SIS the habit Of boasting of intimacy with
people holding high position, and possessing
influence and power, when the fact is other
wise, any evidence. in your judgment as a
scientist, of an insane delusion.'
Ans.-''lt is not an evidence of a delusion
of an insane person, because it is not the
result of disease, and insanity is a disease
1t is result Of vanity and self conceit, and
the love of notority. These are vices and
not diseases"
Sth-In the admission of the testimony of
Henry NJ. Collyer, that the prisoner, in 1873,
collected, as attorney for Rees Bros & Co.,
Sl7, which he refused to pay over.
9th-Tn allowing ]. M. Justice, a witness,
to be asked his opinion of the prisoners
power to distinguish right from wrong, the
exception being made to the answer, that he
believed the prisoner able to do so.
lOth-1n the admission of letter addressed
to Corkhill, submitted Dec. 18th, to which
the defence objected. on the ground that it
was incomplete, a piece having been cut
out.
llth-To admission of the testimony of
Annie Dunmire, formerly the wife of the
prisoner, that when she lived with him, from
1869 to 1874, never saw anything that would
indicate that he was of unsound mind
12th-To admission of the answer of DR..
Hamilton as to the prisoners sanity. 81 be-
lieve the man to be sane, although eccentric.
and able to distinguish the difference betw cen
right and wrong, and to know the conse-
quences Of any act he may be DOING
l3th-TO the admission of the answer of
Hamilton that there are great many med
ically insane people who do know the diff.
ference between right and wrong
Fourteenth, 18th. 10th, 18th. 18th, 18th,
oath, 18th, 26th, 9th, 2sth and 10Th excep-
tons relate to the admission of the hypothe.
tical questions of the government and replies
thereto of the various experts.
2Oth-To the admission, in testimony, of
Dr. Stearns who saw the prisoner on several
occasions in the jail and converted with him:
of questions if there was anything in the
statements of the prisoner to indicate that he
was under an insane delusion when he muir
dered the President, and his answers thereto.
He could not take his statement in itself and
by itself as evidence of insanity.
2lst-To certain questions asked DR..
Everts. who with other experts examined
the prisoner, as to his opinion from that ex-
animation, and his answers that he had an
opinion and it was that he was sane.
22d--To allowing DIR. Mcdonald to be
asked, Is an impulse successfully resisted for
two or three weeks irresistible? and allowing
answer to be given, should not consider il
so.
2Sd.-To allowing the statement of Nc
Donald to go to the jury that newspapers
commenced to notice the fact that interrup-
tons we're only given when evidence was
against him.
3Oth.-To the refusal of court to strike ont
from the testimony of DIR. Kempster, asked
him whether he considered the Apostles in
sane. He evidently discovered the dilemma
he was in.
3lst--To the refusal of court, while evil
dence in sur-rebuttal was being offered, to