The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-01-19

IlG WIS USktN, llON hNlO Npu llN''SN''
with Mr.. Reeds speech Yesterday and
replied "Well, ! don't take any stock in
Scoville's theory or Reeds either: |
shouldn't like to trust my defense to either
of them. Charlie made good speech.
though, and itinterested me, but lwouldn't
give a cent bushel for that kind at talk.
Then after a short pause-"l don't know,
though, it may oe just as well to
have that go before tine iury"-with a grin
There may be soft fellows among them
who will believe that | am an imbecile."
The Guiteau Trial.
WASHINGTON, January 16,-Court opened
at 1910 this morning. Scoville began his
address to the jury by confessing his unfa-
miliarity with the modes of practice in
criminal cases, which had resulted in his
making numerous mistakes, which had I'M
doubtedly gone against the prisoner, lie
did, however, publicly acknowl-
sistance he had received from
members of the bar here and in other parts
of the country-assistance Cheeriully and
voluntarily rendered, and which had very
materially aided him in conducting the de
fense. All the defense asked for was q fair
candid and impartial weighing OF evidence
by fair and candid men. Counsel would
attempt no OTullnS, ucCduSc hc N"o 'IpII
equal to it. If he could he would
address himself to the intellect Of the jury.
Oratory, eloquence and appeals to the pas,
sions he would leave for counsel who would
follow him-Judge Porter-and he desired
to warn them that in the effort Of the
learned counsel, Judge Porter, to eXpound
the law or explain evidence, he would IN
yariably seek to influence them through
their emotions, or to touch their hearts and
Ia tn IN
! their judgment.
The speaker dwelt upon the seriousness
of the duty devolving upon the gentlemen
of the jury in arriving at fair and impair
tial verdict and explained the reasons for
care, and particularly observed by courts in
selecting Jurors. Counsel upon either side
would inscnsibly add clashng evidence to
the suit. Their particular views might
be honest. Counsel upon opposite sides
would naturally take opposite views OF the
case, and listening to and reading over the
same evidence, would advance points which
seemed ofadvantage to their respective sides
As a consequence, in presenting counses
prcconceived opinion to the jury, neither
would in reality present the whole truth
Mr. Scoville complimented the fairness,
honesty and integrity of counsel
Mr, Davidge), who had opened
the argument for the prosecution, and
! then proceeded to show, for causes he
! had Just set forth, how unfair. partial anu
| dishonest Davidige's comment on and re
view of the testimony had been.
Scoyille said: "I do not care to complain
although do not think the counsel in con
ducting this case have been treated wltl
| fairness. Personally, | care nothing for it
/ but when it Injuries a case in which my cf
| forts are enlisted then | must complain
scoville proceeded to name the consprl-
/ tors the District Attorney, Judge Porter, MIR
| Davidgc and five OF the government eN-
/ pcrts namely, iirs. Gray, Hamilton,
/ Kempster, Mcdonald and Wooster. Apollo
! giZing for the transgreSsion, Mr.. ScoyillC
| said the habit of newspapers OF anticipat-
/ ing the processes Of our courts oI law
and complaining against the tardincss o
/ judicial decisions is most perniciOus and an
! tagonzes every result they are clamoriu}
/ for The courts of this indictment are
| twenty in number. They have presented
/ the law in this case
Scoyile continued: "When Judge Porter
comes before this jury and undertakes t'
present evidence, shall not keep quiet a
! / did with Dayidge, but | shall stop him.
Guiteau-"So shall ~
shall correct him If find hc is misstatin!
/ the evidence
Guiteau-"Never mind I'll attend t.
/ him.
Judge Portcr-"There will be two Cult
/ eaus to attend TO me"
] Scoville at some length reviewed thost
parts of Davidge's argument in which Tia,
law of the case was stated, and claimed
/ that it was falsely stated in every
| instance: that if applied II woul,
hang four-niths Of the insane criminals o
] the country. can only express my
surprise that gentleman Of the learning aud
I experience possessed by the counsel for the
/ prosecution can 50 state 10, unless there b'
/ wilful perversion of facts. The prosecution
state that If the prisorer knew the ac
was wrong on the ?. Of July
then be sbould hang. Now this Is not IN
any means the whole Of IL or corrcc
statement Of the law. The court la
added in substance as follows: \ et
] II in this act lac was OyCrpoWCrC,
/ by consciousness coming through hil
diseased mind that what he was doing wa,
necessary for the good Of the country and
was specially approved by God, then you
cannot convict him OF murder
Continuing, Mr.. Scuville said. Tho
second count tOfiudictment apCrycrsiOu %
the testimony. / do not know how On
Judge Porter will go. but ] viii alludC %
some instances in DavifrC's speech
Scpville proceeded 90 sustain the court Pa
hv reading from Judge Davidre' speech
. and accompanying it with testimony.
"bl that's i4r money. called ."ui q U'
tr1u. "Heis paid for that. be don't b.-
licya it'
savIle couteudcI that th
facts were perverted, and TlrficI..iIl
prf1afIra rs fn flIe imrIrrr .i.r OF r-.-HueI
i.Tf.r u-Ir alienation. Eail seville. "ft.r
-.I hnii e.airsf I.m g. tllf of arI.tC-y.
frraru shouted Iuf. elbow many Ir.H
cent ucOn r-a there iu this c1lrt-r1rH.-
..Ia s-..I.tI. "EHf Ona' ~ I.-uHIt Iar.
be- asIlal ont. o. don't r.-r f1 I.leI ll--
tan people. hut ] want tle record STRAIGHT
] say tne majority oi Christian men an.
. kind ore not. Let that 20 on the record.
Afer recess Mr.. SrIrlIe proceeded O.
point out o. the jury what De- called per
T versions orth eviieuce hr uavidce nlte
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