Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-13
CLOSING IN THE TOLLS.
THE ASSASSIN AND HIS CRIME.
Argument of MIR. DaVIdge-A Clear
and FOFcIbIe Presentation of GuI-
teau's ResPOnsibIIItY-Th Prison
er StiII IrrepressibIe.

WASHINGTON, January 12.-The audience
which assembled in the court room this
morning to listen to the opening argument
to the jury in the Guiteau case was large
and intelligent one, which, entering the
room at an early hour, waited patiently
the arrival OF the court, counsel and
prisoner. The Marshal gave the spec
tatOrs due notice . that no one
would be permitted to leave until the hour for
recess, and for the purpose Of emphasizing
his remarks ordered that the main door
should be locked. At ten o'cock sharp the
jury entered, and few moments later the
court was called to order. Mr.. Davidge
then took a position in front Of
the jury and opened his argument
with the disclaimer Of any intention to make
a set speech, but expressed his simple desire
to render to the jury what aid he could in
/ their present ana solemn duty.
The time had now come IN this trial
when the jury were to become factors.
| Whatever disorder or levity might
have characterized the trial, there
was but one sentiment in
respect OF the conduct Of the jury. All
commended their dignified department and
close and patient attention to the evidence,
and he should not doubt that, as they had
received the cOmmendstiOn Of all in the
past, they would continue to deserve it in
the future by their decision of the question
before them.
"There is here, gentlemen" >" he continued,
''but simple point for discussion and con-
sideration-the subject Of insanity. The
court will tell YOU that In this land Of law
it is not allowable for man cOolly and de-
liberately and treacherously to slay another
l 20 hn bod No
| court will tell you when it
comes to charge you that to constitute the
crime OF murder the existence of malice is
| wholly unnecessary, and that, indeed, crime
| committed is infinitely worse In the absence
| OF that element than II ii were present. In
| the beginning OF the trial, as you will all
| recollect an Intellectual attempt was made
| in the direction Of showing that the death
OF the President was attributed to the
malpractice Of the surgeons who attended
/ him with much fidelity and ability. That
/ attempt was shOrt-lived, however, and was
very speedily abandoned, so that there is
/ now but a single question for you to deter
mine, and that is the question OF insanity
| Ia the progress OF the trial very many vague
| and general expressions have crept into the
| case.
1--WE have heard of crazy men, of men off
! their balance, of insane men, and hence it
was necessary to apply to the court for a
| clear and perspicuOus definition as TO what
/ is insanity in a legal sense. Material ex-
/ perts have defined insanity from the stand
| point OF medicine, and II was necessary
/ to have it defined from the standpoint
/ Of law. Even il men be deficient in intelli-
| gence, it does not follow that they shall be
| pc mitted to commit murder with impuni'y.
| 1t takes one degree of intelligence for man
| to make a contract, another to make a will,
and another to do any other act. But when
| YOU come 10 cIime-such crime as we
| have hereunder, murder most foul and
/ unnstursl-the law requires q very slight
! degree of intelligence indeed. 1t was, gen
! tlemen, in order to make the question per
! fectly clear, and to abridge your labOrs so
/ far as to prevent you being led astray by the
! introduction OF irrelevant matter, that the
/ prosecution asked the court to state sue
! cinctlY what constitutes malice and insanity
] in legal intellect.
"The court has spoken, and It has not
! spoken in any vague or ambiguous Ian
guage. L has laid down two instructions
! FOR your guidance, which l will now read"
Here Mr.. D7vidge read Judge Cox's in
! structiOns, Nos. l and 2. In COM
menting on the first instructions
/ Mr.. Davidge said: "That is, gentlemen
/ of the jury, II any human being has
/ any degree Of intelligence which enables
! him to understand the act he is doing, and
! IL he has sense enough to know, and does
! know. that that act is in violation Of the
/ law of the land, or wrong, then no frenzy,
no passion, will afford any excuse
\ whatever; then no disease Of his
moral nature will constitute any
excuse whatever; then no belief, however
! profound, though man, through reason and
| reflection, may reach the conclusion that
/ the act is the suggestion OF and command
/ of the Almighty God. will afford any excuse
| whatever for the preparation Of crime
] Hfa solo ard pVnlneiVn pVpn9a Is Il diepQea gf
| the mind, oblitersting the sense Of differ
/ ence between right and wrong, and ahsO
/ lutely controlling the judgment and reason
! OF the party Thus you will see that the
/ degree of reason necessary to mske man
| responsible is very limited indeed. Thus
| you will see that man may
! be here who has been styled a crank or
| off his balance, and even partially insane,
and yet may be entirely responsible for
| crime. What is the act committed here?
Murder murder murder by lying in wait
| what is commonly called assassination.
! "HOw great a degree Of intelligence does
/ it take to inform a man that that Is wrong
| What degree of intelligence was necessary
/ TO make a lawyer know it was in violation
/ of the law of the land to kill? WHAT
/ degree o. Intelligence was necessary to
make a religious man know that the ever
/ lasting edict had gone forth from Almighty
| God. Thou shall commit no murder?'
"There is no hardship in holding
/ man to responsibility when he
/ has sense enough to know
| the act he is doing and that Is is wrong.
| l. is that element which gives such great
| importance to the present case. II J con-
ceived it possible that by your verdict you
were to assert that the degree Of intelli-
gence required by these instructions did
not exist here, would deplOre that result
more deeply than l have language to ex-
I WnUlH regard a Tpsult of that
! as tantamOunt TO an invitation to every
crack Drained, III balanced man, with or
without a motive, to resort to the knife or
10 the pistol, and to slay man for party pur-
poses, or, it may be, without any purpose
| whatever"
AS Mr.. Davldge traced the process of
reasoning by which the prisoner gradually
reached the conviction that but one
| little life interpOsed between himself
and possibly great benefits, Guiteau
| became restless, and for the first time since
the opening OF the court Indicated by
his nervous twisting about, the usual
preliminafies to a series Of inter
ruptions, which, in this instance, quickly
followed. mot often" said Mr.. Davidge,
'in the record of a heinous crime do we
have such plain and pointed evidence as to
the first conception of crime. In this case
the suggestion cams to the wretch In the
night as he was lying in mis- Ded.H
ut came TO me Wueu tue LJfu SOL feddI
to have #, snsrled the prisoner.
Mr. Davidge continued: "Thls thought or
suggest n came to him on the Is of MAY.
Still thinking that he might obtain office he
sought sad kept his hands clean, aud he
made another EFFORT On the 2Sth Of May to
induce the President"
Guiteau called out from the dock, 81
wouldn't have taken q foreign mission after
the first of June If II had been offered to
NE"
Mr. DavIdge apparently not needing
him)-' On the 2Sth of May
Guiteau-"I am talking about the first Of
June"
Davidge, (pausing a moment just to listen
TO him) Guiteau said sneeringly, "they
would listen to you but your talk is so weak
it Is hardly worth listening to-"
For several minutes Guiteau continued to
iuteriect with his comments, with the evil
dent intention of annoying MIR. Davdge,
but finding be could not effect this he
gradually subsided into complete silence.
After the recess, when the court reassem-
bled, the attendance was even greater than
in the morning, and for everv one that left
the court room half dozen new applicants
pressed for admission. Mr.. DaYidge re-
sumed his argument ct FIVE minutes past
m ~ = g..F