The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-02-09

WASHINGTON, Feb. As soon as
Judge Cox entered the court room and
court was formally opened, the prisoner
took his place in the dock and did not
repeat the request of yesterday to be al
lowed to sit at The cOunsel's table.
ScOvil!e stated he wished TO say that
since the adjournment Of court he had
been informed that Curtis, who made an
affidavit in relation tO the Critic matter
was not the bailiff in charge of the room
at the time the paper was found that he
had been substituted for man by
the name of Silver, who was in
charge At the time the paper vas with
drawn by the prosecution. This man"
said ScoVille, Il am told knows about
| the paper and can, ia ten minutes, sum
NTH as n witness party who Will say
thai man Silver was heard 10 rtmark
that if that matter of the Critic be-
came known he (Slivcr) would have To
jump the town"
Col. Corkhill objected To an evident
attempt to postpone the consideration of
this matter. If every bit of heresay Cos
sip was 10 be dragged in here there
would never be any end TO the
question.
Scoville replied that he did not ask
for posipOnement; he simply desired
| to call the attention of the court TO ill.,
formation he had received as showing
how important it was to investigate the
| matter with closest scrutiny.
Judge Cox Immediately began TO read
from a roll of manuscript his decision
| upon the motion, reading from various
authorities bearing upon the Gaze Judge
Cox discussed at some length the Cir
cumstances attending the finding of the
newspaper in the room of one of the
bailiffs of the jury in the case. First"
said he, "aS to the handwriting there
are several circumstances that make it
| impossible that at least two of the names
upon the margin OF the paper were
| written by the gentlemen themselves.
| Second, if, as suggested, the paper was
| lying on the table in the bailiff's room,
| 3 I'D the gentlemen of the jury in
writing in albums first tried their pens
upon the margin, it would amount
| to nothing in face of the sworn
afIidavits of every member of the jury
that they did not see or read a paper at
any time during the trial. No onecould
swear to the fact that the jurors did
write upon the paper, while they all
swear they did not, and there is no rea-
son to doubt their verdict. So far as
| the discovery of new evidence is con-
cerned, the evidence to be introduced is
1
ance prior to the assassination. Ifthcre
had been no evidence introduced upon
this subject there might be some force in
| the request, but dozen or more witnesses
| testified on trial as to his manner and
| appearance, covering the period of time
from March until the commission of the
act. The evidence now sought to be
introduced would be merely cumulative,
and would not affect the verdict"
AS to the expert witness whose admis-
sions after the trial are alleged to have
been different from his evidence given
l upon the trial, Judge Cox said that IN.
sworn admissions of this character could
never be considered as ground for over
turning the verdict that may have been
obtained through the evidence of the
very witness who from a corrupt motive
might seek to reverse verdict.
From all the papers presented Judge
| Cox summed up: 81 am unable to find
any reason to grant the motion, which is
therefore overruled."
Scoville-"I would like to note an eX
ception to the ruling of the court"
Col. Corkhill-"Your honor, it now
becomes my duty"
1 Scovllle-"One moment, please;
would like to file, in due form, the mo-
tion to which l referred yesterday"
1
rest of judgment.
Guiteau, who had been permitted tC
resume his seat at the cOunsel's table
called out: If your honor please, de
sire to ask if there is any motion that
ought to make to reserve my rights"
ScOville tried to prevent his speaking
but he retorted: "Well, l don't wan
any advantage taken of me. 1 want &c
know how much time l shall have tC
prepare my appeal to the court IN banc.'
Scoville-"Please keep quiet. We
have not reached that yet"
Guiteau with much excitement)-"l
won't keep quiet. ! am here and pro
pose to do my talking"
Judge Cox then informed Scovi'le o
the rules of practice applicable to thu
filing of his exceptions and alter thi
matter had been arranged Col. Corkhil
renewed his motion, saying:
at Is now my duty to ask for the sen
tence of the court"
Judge Cox Ito the prisoner)-"StanC
up. Have you anything to say VIII
sentence should not now be passed upOi
your
Guiteau (still sitting)-"I ask you
honor to postpone the sentence as Ion!
as possible"
. Judge Cox-''Stand up. Have yol
| any tuluS W soy why oCutCuCC ouOulu uO
now be pronounced upon you ~
The prisoner then arose, pale but will
lips compressed and desperate detcrmin
alton stamped upon his features. In +,
low and deliberate tone he began, bu
, soon his manner became wild and vic
lent, and, pounding upon the table. h,
delivered himself of the following
. hSrangue:
~ am not guilty of the charge set fortl
in the Indictment 1t was Gods act
not mine, and Ged will take care of
9 and not let the American people forge
: it. He will take care of it and ever,
), officer of this government from the ez
ecutive down to that of the marshal tab
ing in every member of the jury an
/. every member of the bench will pay 70
i it, and the American nation will roll i
a blood if my body goes into tn
ground and am hung. The Jews pu
/. the despised Gallilean IN the grav'
e For the time they triumphed, but at til
destruction of Jerusalem, forty years a
forwards, the Almighty got even wit
them. am not afraid of death. / al
here as Gods man. Kill me to-mOrro
u if you want. am Gods man and
= have been from the start"
q THE GUITEAU CASE.