The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-01-26
u d .Inly aud for thirty DAYS pregioas


should vanish in an instant that il
slogldsnveiope him completely day al.
Ten day for Inc puri1osienf murder; Chat
il should still 81 iiIg u him after tlle
IFst SHOT was 1rtsI and only left him al
ter lac saw his victim sink ing helpless
10 the ground and then il Instantly was
ssoslSsea lett him = perfectly sane
man.
sGuiieau = Well. iransltory mania
was The plea thai SiclSles cot on on and
srcIl Tzssre on TIC IiI1secntion of The case
and got beaten OF. The very. same doctrine
You are tryIng to fool chat jury on.
Judge Porter concluded his argu-
ment ana .Fpdge Cox began read
ing the charge to the Iury.
They retired ana after they had been
out ahotit twenty minutes recess was
taken until halEpast five o'clock.
Many OF the audience who had yir-
tualiy beeu Imprisoned since half past
nine this morning availed themselves oC
the opportunity of obtaining air and
lunch.
The prisoner, at his request had been
alloWc5, soon after the juTy left the court
room, to retire 10 little room he has oc-
eupied since the trial began as a waiting
roosa. During recess and before leav,
ing the court loon he evinced eonsid-
cradle nervousness, hut on getting away
to comparative seclusion his natural
composnre and assurance soon returned.
He sent out for some apples with which
he treated his attendants, meanwhile
chatting familiarly and good naturally.
He was asked what he thought the Jury
would do and replied: i
81 think they will acquit nae or disa-
gree. Don't you?h
Within ten minutes after the recess
L.. 81 Al. I
ballilf in waiting that they were ready
with their verdict. They were informed
Il recess had been taken and Judge Cox
had left the court room, SO they remained
in their room until coyfTTFasscmbIed
The rumor that the w Liza agreed
quickly spread from on sr, and
the excited crowd SURF fltO the
court room and ansi6lsly waited
for what all seemed to
expeet--a verdict of guilty.
The musiy, antique room is devoid of
gas, and score or more of candles
which had been placed on The desks of
tie Judge, counsel and reporters i'm
parted q weird, fanclful and unnatural
aspect TO the grim old place. The shad-
ows thrown upon the dark back ground
of the walls seemed like fitting speeters
to usher IN the sonlbre procession of
those who held in their hands the dlesti-
ny of human lie. 4s
First came the prisoner with quick
nervous step and as he seated himself in
the dock perhaps for the last time, the
light of solitary candle fell ON his face
and disclosed more than the usual pal
Tor. Not a tremor of the limbs or a
movement of the muscles of the face
was observed as he threw back his head
and fixed his gazeupon the door through
which the jury were TO enter.
Judge Cox soon aftcrward took his
seat, the crier called order and the jury,
ut ) 30 O'Clock filed slowly into their
seats. Every sound was h9lshed save the
voice of the clerk as he propounded to
The foreman the usual inquiry. Clear
and distinct came the reply:
I'VE have pas
"What is your verdict--guilty or not
guilty ~
With equal distictness came the reply:
"guilty as indicted"
The pent up feelings of the crowd
found expression in uprOariouS demon
STATIONS of applause and approval.
"OTder! order" shouted the bailiif
ScOville and the counsel for the prose-
cution were simultaneously upon their
feet, Scoyille attempted to address the
court, but the district attorney shouted:
await till we have the verdict com
pleic and in due form Of law,
Order was at last restored, and the
clerk, again addressing the jury, said:
Your foreman says guilty as in
dicted."
$50 say we all of us" all responded
Another demonstration of approval
followed this announcement, but not so
prolonged as the first.
Scoville, still on his feet, demanded a
poll of the jury, which was granted, and
each Juror was called by name and each
in firm voice promptly responded:
"Gnilty."
AS the last name was called the pris
Oncr shouted: "My blood will be upon
the heads oflhat jury. Dontyou forget
it."
ScovIIle again addressed the court,
saying: "Your honor, do not desire
to forfeit any right l may have under
the law and practice in this district. Ii
there is anything | ought TO do To save
those rights would be indebted to your
honor to indicate it TO me-"
Judge Cox, in reply assured him he
should have every opportunity, that the
charge would be furnished him in print
tomorrow and he would be accorded all
the time allowed by law within which
10 file his exceptions; that he would also
to move an arrest of jud gment.
GuttcaI, who from the moment Judge
Cox began the delivery of his charge
had dropped completely his air of ar
rogant insolence aud sat with rigid face
and compressed lips called out in tones
ofdesperation:
God will avenge this outrage"
Judge Cox then turned to the jury,
and said: "Gentlemen of the jury.
l cannot express too many thanks for
the manner in which you have dis
charged your duty. You have richly
merited the thanks Of your countrymen
and | feel assured you will take with
you to your homes the approval of your
conscIences. With thanks, gentlemen,
| dismiss you. With this announce.
ment court adjourned, and the famous
trial which has absorbed public interest
and attention for more than ten weeks
was ended
The prisoners gestulatlng with his
mancled hands was led out As he pass
ed the reporters table he leaned over
and called QUITO an acquaintance:
The court iR 5a1ae will reverse this
business
His appearance was that of q man
deeply moved with indignation at some
outrage or Indignity which had been
the van the crowd of men and boys
shouted themselves hoarse in mock
cry of the prisoners constant boast:
'Ihe American press and people are all
with me-"
Thevan was quickly driven away, fol
lowed out of sight BIZ The .jeers and yclls
of the crowd
Scoville will probably file motion
in arrest of Judgment and for new
trial on exceptions. The law gives the
defendant four days TO file a motion and
reasons for new trial and it is custom
airy for the court to set some day 10 hear
the argument thereon Should this mo-
ton be overruled the defendant will ap-
peal the general term, and under the
law the defendant is entitled TO the sus
pension of sentence until after tlIe next
general term, not exceeding thirty days
The general term is noU in session and
the ease cannot go there but will be ap-
pealed to the April term. 1t is custom |
airy for the April term to run until Sep
TENDER, taking a recess over July and |
August, but should /. close by the latter
part of May, then, if Judgment is affirm |
ed the execution might take place in |
July.
The Closing Argument in the GuIteau |
Case.
''The law continued Judge Porter, |
'';is it bears upon this case, is supreme |
and you are but simply God |
made men under the obligation |
of solemn faith To bring in your
verdict under the law and facts, |
summing up the question presented by |
the case upon which ynu are soon 10 be
called upon to pass" Judge Porter /
said: "The first question for you TO
consider Is, was the prisoner insane on
the I'd of July? IL he was not, the case
is at an end and your sworn duty is ended.
If you frd that he was insane on that
day, was be insane TO that degree ON the
I'd day of July, that he did know that
murder was morally aud legally wrong?
II he was not insane to that degree, you
are bound by your oaihs to convict him.
Third, if, in utter disregard of his con-
fession and under oath you shall find
that he actually and honestly believed |
ibof Goa had ar.Gsa6 hin, 20