The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-01-05
THE TRIAL.
Evidence All In-PoInts the Prosecution
Rely on for Conviction.
| To tho WeStern Associated Press.


Rely on for Conviction.
To tho Western Associated Press.
WASHINGTON, January 4.-This morning
some delay was caused in the proceedings
OF the Court while Scoville was preparing
an affidavit
Guiteau said 'This is a good time to
make a speech, but l promised the marshal
that I would keep quiet to-day, SO 1 will
try to do So"
Having subscribed to the affidavit, SEQ.
vile read it. 1t sets forth that he, the afEi-
ant, is sole counsel for the prisoner; that
the prisoner has been in such state of
mind that he has been unable to render
any assistance or suggest the names OF any
witnesses, and that afliant has, since clos.
ing the case, learned the names OF certain
witnesses who can testify to material facts
for the defense. Alter giving the names
OF the witnesses, and briefly stating what
he expected to prove, ScovilIe moved he
be allowed to introduce this new evidence.
ATTEMPT TO REOPEN THE CASE.
Judge Cox inquired il counsel desired
to be heard upon the motion.
Col. Corkhill-1 hardly think anything
need be said.
Mr.. Scoville then amended his affidavit
by inserting that DR.. Mcfarland would
testify that in his opinion the prisoner is
now insane.
After be had subscribed to the amended
n nNtJoUtk Hn1 pnaI nIIsnnyol kLn 6a,,.k -,
favor Of the motion. He was aware that
the matter was entirely within the disCre.
ton ofthe Court. Itwas not, however, with.
out precedent, and that, too, in the United
States Court. He then cited case where
evidence was admitted even after the argu.
ment to the jury had begun. He felta
sured that the American people would not
begrudge the one extra day now asked in
behalf OF this prisoner, in the name OF jus.
tice and q fair trial. He then paid glow
ing tribute to Mr.. Scoville, who had de.
Tended this poor creature alone and unaid.
ed, without money and without encour.
agement from any source.
Mr.. Davidge replied at some length, and
denied that any precedent existed for re-
opening the case simply to introduce &C.
cumulative evidence, particularly in the
case OF DR.. Mcfarland. He believed il
would be scandal to admit the testimony
Of man SO reckless as to form an opinion
and be willing to swear to it merely from
reading the newspapers.
scovILLEs REFLECTIONS on TIE PRosEcu
TloN.
Scoville replied at great length and de
tailed the hGrdships and difficulties under
which ithe defense had laboFed in the
preparation OF their case. It was almos
impossible to get witnesses to come here
The experts for the defense were compelled
to be satisfied with SIPS per diem, thu
regular witness-fee, while experts for thu
Government came here, 1t is supposed leaY
ing grave trusts behind them, and re
mained for six weeks, and every one o
them plainly indicated by their own eyi
denCe that they expected full pay for thei
services; and all knew what that meant
"And these experts" said ScoVllle, "ar
still waiting here to see the result OF thei
evidence in the hanging OF this prisoner
But, fortunately for the cause OF Justice
your Honor and this Jury stand between
him and the gallows."
j Col. Corkhitt said he could not at thi
stage allow the remarks OF counsel TO g
unanswered. He said yesterday, an
would repeat to-day, that he would not oil
iect to the Introduction OF any new fact
material TO the defense. The only objeC
ton to be made by the prosecution ha
already been mentioned by Mr.. Davidgt
There had never been trial in this Dii
trict where so much liberality had bee
shown by the Government.
, Guiteau insisted upon being heard. Til
bailif tried TO silence him, but was mt
with an angry "let me alone, or I'll sla
you in the mouth" Guiteau then calle
out: Your Honor, all want Is TO sho
that 1told these men on my way to ia
! that It was the political situation and
= pressure Of inspiration that caused mo
i remove the President.
}. THE LATITUDE ALLOWED THE DEFBSsE.
al Judge Cox said the counsel Tor the d
r Tense came here stranger TO the courts
the District and even to the prisoner hi