The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-01-05

willing even to allow their names 10 bC
known TO the defense. Appreciating all
y these difficulties which embarrassed the
defense he, Judge Cox, had felt disposed tC
offset them with equal latitude and more
than ordinary facilities in the preparation
otthe case. The evidence Of insanity could
not be offered In surrebuttal. In his opin.
ion the proof OF insanity should be limited
1 to the evidence in chief OF the defense, and
the rebutting evidence Of the prosecution.
He therefore must exclude the evidence Of
DR.. Mcfarland. The testimony, however,
OF those witnesses by which the defense
. expected to prove that the prisoner assert
ed upon the day OF the assassination and
upon the day after, the motive for his act,
the Court held should be admitted as evi.
dence in surrebuttal.
THE LAST THRoES OF TIRE DEPENsE.
Scoville then called DR.. Beard, Of New
Il York, who was sworn. Objection was
made to his testimony and objections sps-
tanned by the Court.
SCoville stated what be intended TO prove
by the witness and noted an exception 10
the ruling Of the Court.
The next witness called by Scoville was
]. ]. Brooks, Chief OF the Treasury Secret
Service, Witness visited the prisoner ut
Jail the night after the shooting. Guiteau
was in bed at the time. He arose in great
anger and excitement and said to witness
he wanted to know what meant by dis.
turbing his rest and quiet at that hour Of
the night. said it il-became him, muir.
derer, 10 speak in that manner; that he
had disturbed the rest and quiet OF the
whole nation, and he came back at me with
"that he was no murderer, but Christian
and gentleman; that his mind
was made up, that he had been
and that il was for the good Of the coun-
try" Witness continued: II told him l
was Republican and stalwart, and he
replied, then you can appreciate why l
did it." Witness also detailed at length
his conversation Mt that time. He wit
ness said to the prisoner, "1f you had
taken the Deity into consideration you
could not have done such an act The
prisoner replied that he had thought over
the matter and prayed over it for six
weeks or more, and he thought that the
more he prayed the more he became con-
vinced that the President must 60, and that
it was bis duty to remove him."
TIE GREAT UETnRoTrLED.
Notwithstanding his promise in the
morning, Guiteau continued to interrupt
and became involved in an alteration
with one OF the bailiffs, who tried to silence
him. "fit slap you in the mouth, /" he fire.
quently snarled at him, but made no
demonstration OF carrying his threat into
execution. At another time he said to
him, "You are nothing but miserable
underling, while speak TO fifty million
people when talk" When Judge Cox
finished his remarks upon Scovilie's mo-
ton, Guiteau insisted on expressing his
opinion, "That's q ffrstclass decision,
Judge; that's all want 10 get before the
jury. What l said ut the time relative to
the causes that impelied me upon the
President. AS for the rest don't care
snap. l wouldn't give fifty cents bushel
for this expert testimony. II had money
enough couldget fifty Of the best experts
in the country to swear that am as crazy
as loon. That's Just how much that eVi.
deRce is worth"
Seoville introduced letter written by
the prisoners father, in which he expressed
the opinion that the prisoner was insane.
Guiteau called out sneeringly: "Was the
object Of reading that letter to show that
my father was q crank, or that am? You
are the biggest jackAss, Scoville, that ever
saw. II you can't learn any sense l shall
have 10 rebuke you in public"
DaVidge, on behalf OF the prosecution,
then requested that the defense make known
the law points upon which they desired the
ruling OF the Court.
Scoville said he would like a little time
for the proper preparation Of this part of
the case.
THE POINTS UroX WHICH THE PROSECUTION
RELY.
Davidge said that the prosecution had al
ready prepared their statement Of the law
points upon which they would rely, and he
would be pleased to give the defense the
benefit OF them. He then read as follows
First-The legal test OF responsibility,
where insanity is set up as defense for the
alleged crime, is whether the accused at the
time Of committing the act alleged knew
the difference between right and wrong in
respect to such act, Hence, in the present
case, il the accused ut the time OF commit
ting the act charged knew the difference
between right and wrong in respect to such
act-that is, il he knew what he was doing,
and that what he was doing was contrary to
the law OF the land, he is responsible
Guiteau-"I don't, because my free
agency was destroyed"
Second-f the accused knew what he
was doing and that what he was doing was
contrary TO the law OF the land, it CoRsti-
tutes no defense, even il It were true that
when he committed the act he really be-
lieved that'he was thereby producing pub.
lie benefit or carrying out an inspiration Of
divine origin or approval Such belief
would not afford any excuse, nor would
such excuse be afforded by the fact that
in the commission OF the act he was i'm.
petted by depraved moral sense, whether
innate or acquired, or BY evil passions or
Indifference 10 moral Obligation.
Guiteau-"All OF which is false"
Third-Insanity would, however, con-
stitute defense byreason OF the disease, II
the accused at the time OF committing the
act charged did not know what he was do
ing, or II he did know it, that what he was
doing was contraryto law.
Guiteau--E had no choice in the matter.
Fourth-Thc only evidence in the pres.
ent case tending to show an irresistible
impulse TO commit the homicide is the
! claim OF the accused that his free agency
was destroyed by his alleged conviction
that the death OF the President was re.
quired for the good Of the American peo.
pie, and was divinely inspired; but such
conviction, even il it really existed, could
not afford any excuse, when the party
knew what he was doing and that It was
contrary TO law. To no mere delnslon and
error Of judgment isnotevena fixed belief
that what is prohibited by law is com.
mapded or approved by the Divinity.
The city (Guiteau-God's law is higher
than mans lawl can exempt the accused
from responsibility for breaking the law.
To have such effect, the commission OF
the act charged must have been the result
OF an insane delusion, which was the pro-
duct OF disease and OF such force as to de-
prive the accused OF the degree OF reason
necessary to distinguish between right and
~