The Evening critic., 1882-01-10
LEGAL POINTS
SETTLED IN GuITEAups CASE.

More members of the Bar were present
in the courtroom this morning than have
been seen in attendance any one day since
the great trial commenced. At one time
their absence was accounted for by their
inability to gain admission, but since the
order of the Court in Bauc, directing the
east corridors to be kept free of crowds, the
attorneys have had greater freedom. The
influx of lawyers was accounted for by
desire to hear Judge Porter deliver his
argument The gentleman enjoys an ex-
tended reputation as n counsellor, and the
part he took in the Beecher trial gained
him prominence among iurists that might
well be cnvied by his fellow.members of
the legal profession,
As usual, the chamber was filled for half
an hour before the meeting of the court,
and the crowd gathered without the main
entrance demonstrated that nearly as
many people had been shut out as were
admitted. The counsel for the defendant,
ever prompt in their attendance, arrived
some time before 10 o'clock. and the jury
came in on time. Judge Porter entered
alone IA few minutes before the court con-
vened and Immediately set about arranging
his notes and authorities, preparatory to
entering upon his argument. For the first
time since the cause began he walked over
to the opposing counscl's table and ex-
changed few words with Messrs. Scoville
and Reed Hardly had he returned to his
own table before Mr.. Reed Joined him and
a friendly conversation eusued. The ex-
change of courtesics was noticeable on ac-
count of the
Heavy Firing and CrOss-Gring
that has taken place between Judge Porter
and the two attorneys while the trial has
been in progress. 1t also clearly showed
that whatever may have been the hot legal
fitting betweelrthem, it left no unpleasant
feelings behind when it had passed.
Judge Cox was ten minutes late, and as
usual the prisoner was not brought in un-
til after the court had been opened.
Judge Porter's Argument.
Judge Porter Immediately proceeded
with his argument. He esad under ordinary
| circumstances he should not presume to
add one word to the mastery argument of
his associates, but there were some points
| which they had been unable to touch.
After the wide range that the argument
had taken on the other side he should feel
that he was neglecting his duty to the Gov
| eminent if he did not to some extent make
| supplementary reply. Mr.. Reed, in his
opening, made a lawyer-like argument on
the only two topics to be discussed and left
for his associate those points that required
! the cunning of the man who had learned it
from his education among the owls of Ohio
| He should discuss the point of moral in
| cop;tu of which Snitvlya tha n
thority.
There could be no moral insanity where
there was no depravity. Where malice
ceased to exist, there was no intent. He
WAS glad to see that in the question Of
malice Mr.. Reed planted himself squarely
on statute of the United States where il
declared that there might be q homicide
without malice. There had been hundreds
of such cases, but the murder Of Garfield
was not one of them.
lie read the other day definition o
malice by judge Of New England wh'
stands as illustrious as tie men that stant
in the courtyard of Richmond immortal
He was one Of the men who did not die
but resigned. He was as much beloved a.
the late Chief Justice Marshall. When tn,
late Chief Justice Curtis declared the Law
on the subject of malice, he thought here
at least, that matter was settled. His as
| SOCldtt WAS uOt COulcnp WIN CllluB
great authority.
He cited that of Justice Clifford, another
equally distinguished and beloved. III
went further still and cited the opinion o
the Supreme Court Of the United States
that the criminal intent set forth in the in
dictment was that intent that came iron
the atrocity of the crime. Yet, with al
this, the court was asked that if this malic
was not shown by the testimony of tn
I IL lax IL,
court was further asked to permit the jury t
determine what was law and what was moi
He did not doubt but they would do thei
duty, but he did object to the Court abdicat
ing its authority and trusting the same
the jury. He did not believe that th
Court would allow point of law to b
construed by the jury any more than tina
fact should be referred TO the Bench fo
decision. They had stated on the othe
side that all the law produced by the Coy
eminent was antiquated. He would pre-
duce an authority written since his hal
was gray and that Of the counsel on tn
; other side, work written one year befor
the President was assassinated and I,
written in 1881.
He referred to late work of Archibald
and read in reply to the point that thei
was no implied malice, and showed thf
where the killing was intentional and with
| out luSIlnaDle CAUSE tndU nlhllCe WAS III
piled. Unless the prisoner was foresworl
he cop1mitted this act with sedate min
and, deliberately, and, N the language
Justice Story, that was malice implied an
! aforethOught. He laid in wait for til
President at Secretary Blaine's, pistol
hand, with full intent to murder.
"Tbat is false yelled Guiteau.
"Then the prisoner foreswore himself O
r the witness stand" replied Judge Porte
THAT is absolutely false, as you put it
!, yelled back Guiteau.
Judge Porter, resuming, said that Gu
i teau had given the President a last chant
to see if he would give him the Paris consu
Q ship, and when that failed, he set his fen,
ishness at work to work destruction. II
: puppet that was moved to interruption
his counsel mot Mr.. Reed), when seated
the counsel table, became less obnoxio
e when removed to the dock. But as &
q Court has been patient and forbearing,
!, would also turn a deaf ear to the blatan
= = Of the man who, by his actions aud co
duct, was only Fastening his doom and
Journey 10 the Scanoid.
The authority that the-counsel had LEI
= as coming from the English bench prov
not to be an official report, but one of
!, briehess barrister which he wishes to s
g up in opposition to the court of the empil
@ Guiteau, through his counsel, wished t
D. Court to charge that when he commit
g. the act his mind was in such a conditi
2 | that he did not know right from xyror