Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-05

the prisoners father, in which he expires!
ed the opinion the prisoner was innsn,
Guitesu called out, sneeringly, "Was ho,
crank, or that ann You're the biepes
lackass, Scoville, ever saw. II You can
learn any sense, I shall have to rcbuke yo'
Dayidge, on behalf of the prosecution
then requested the defence to make know,
the law points upon which they desired
ruling of the court.
Scoville said he would like little time
iSr the proper preparation Of this part o.
Davidge said the prosecution had alread,
prepared their statement OF law point
upon which they would rely, and he would
be pleased TO give the defense the benefit
OF them. He then read as follows:
The InstFuctions.
First-The legal test Of responsibility
where insanity is set up rs defense Cor an
alleged crime, is whether the accused Al
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 at the time
OF committing the act charged, knew the
difference between right and wrong in
respect to such act-that is-if he knew
what he was doing, and that what he was
he is responsible.
Guiteaa-I didn't, because my free aeen.
cy was destroyed.
Second-lf the accused knew what he
was doing, and that what he was doing was
contrary to the law of the land, il consti-
tutes no defense, even if.it- we're trus thnt
when he committed the act he really be-
iieved he was thereby producing a public
6enefit OF carrying ont an inspiration Of
divine origin or approval. Such belief
would not afford any excuse, nor would
such an excuse be afforded by the fact that
in the commission of the act he was i'm.
PEELED by deprayed moral sense, whether
insfte or acquired, or by evil passions or
Guitea'-as 10 moral Obligation.
,ute a defence, il. Which Which is false.
accused al the time Of col}s.,wsse col}hSweyer, consul
Charged. did not know what he inc
or il he did know it, did not know ~
what he was doing was contrary to law.
Guiteau-I had no choice I'm the matter
Fourth-The only evidence In tne pres
ent case, tending to show an irresisioie t!n
pulse 10 commit the homicide, IS the clain
OF the accused that his free agency was 1e
stroyed by his alleged conviction that th'
Sa,fb of the President was required for thu
GOOD of the American people, and that M
Was diyinely inspired; but such conVicuon
even il il really existed could not afford
anv excuse, when their party knew VIVA
he was doing, and that Il was contrary =
law. No mere delusion and error OIL luagE
mems. not even fixed belief-that what
prohibited by the law Is commanded or az
proved by the Divine
Guiteau-God's law is higher than man
Nav, ,,,,
. IN exempt the accused from responsioill
tSSor hyeakinp the law. To have such
efleS the commission of the act charge
musAaye been the result Of an insane u
| lusionShich was the product OF diseas
and OF ssSh force as to deprive the accuse
OF that de,ree OF reason necessary 10 Oil
tinguish beSeen right and wrong In T
spect of the Mt, so that at the time OF con
mitting the acNhc either did not kno
what he was dong, or II he did, did NJ
know that the actNwas wrong or contral
:, TO the law of the laid.
At Scoville's suggestion, the court the
! adjourned until Saturday.