Daily Los Angeles herald., 1882-01-27


0ner was insane because he com.
mitted an enormous crime. The
only safe rule was for the jury to
direct its attention to the one test
of criminal responsibility, namely:
whether the prisoner possessed suf-
ticient mental capacity at the time
the act was committed to know
that it was wrong, or whether he
was deprived Of that capacity by
mental disease. There was one
important distinction which the
ljury must not lose sight of, and
they must decide how far
it was applicable to this
case; that was the distinction
between mental and moral obli-
quity, between mental incapscity
to distinguish between right and
wrong and moral insensibility to
that distinction. And now, gen.
tlemen, to sum up all l have said
to you, If you find from the whole
evidence that at the time of the
ission Of the homicide the
prisoner was laboring under such o
defect of his reason that he was in
capable of understanding what he
was doing or Of seeing 1t was q
wrong thing to do-as for example,
If he was under an insane delusion
that the Almighty had command
ed him to do the sct-then he was
not in responsible condition of
mind, but was the object of COM
passion and should be now ac-
quilted. If on the other hand You
find he was under no insane deius-
ion, but had the possession Of his
faculties and had the power to
know his act WAS wrong; and If Of
his own free will he deliberately
c0nceived the idea and executed the
homicide, then, whether his m otives
were personal vindictivensss, po-
litical animosity, desire to avenge
supposed political wrongs or
morbid desire for notoriety, or il
you are unable to discover any
motive at all, the act is simply
murder and it is your duty to find
ia verdict Of guilty as indicated or,
(after suggestion from Scoville to
that effect) If you find the prisoner
ia not guilty by reason Of insanity
it is your duty to say so. You will
now retire to your room and con.
slider the verdict.
During the delivery of the
Judges charge which was COM
pleted at 4:40 p. NJ. there was perfect
ct II N occ IN ~ A oraDIaI n oncrt rnov,o
and even the prisoner kept abso-
lutely quiet with the exception of
one or two simple Interruptions.
The jury Immediately retired, and
many spectators left the court
room.
How sBa VesdiCt ives Reeenved-
Fatt Drtssis "s shr sc+ne After
R-cpss.
WASHINGTON, Jan. 26.-On the
convening of the Court after recess
first came the prisoner with
quick, nervous step, aud as he seat
Ell himself In the dock, the light of
a solitary candle fell full up upon
his face and disclosed more than
usual pallor. Not tremor of the
limbs or a movement of the mus-
cles of the face was observable as
he threw back bis head and fixed
his gaze upon the door through
which the jury were to enter.
Judge Cox soon afterwards took
his.seat.
The crier called "Ordern and
the jury at 5:35 filed slowly into
their seats. Every sound was
hushed save the voice of the clerk
as he propounded to the foreman
the usual enquiry. Clear and dis
tinct came the reply: 1--WE have"
"What is your verdict. guilty or
not guilty?" With equal distinct.
ness came the reply, "Guilty as In
dicted."
The pent up feelings of the crowd
found expression in uproarious
demonstrations Of applause and
approval. "Order! order!" shout.
ed the bailiff. Scoville and the
counsel for the prosecution were
simultaneously upon their feet.
Scoville attempted to address the
Court, tht the District Attorney
shouted: swat till we have the
verdict complete and in due form
of law" Order was at length re-
stored and the clerk again address.
ing the jury, said: "Your foreman
says guilty as indicted go say we,
all of u.s." 1--WE do" all respond.
ed. Another demonstration Of APP
Drnual falIOu,aH th;o opnonnoa
ment, but not so prolonged as the
first.
Scoville still upon his feet de-
manded poll Of the jury which was
granted and each juror was called
by name and each in q firm voice
promptly responded, "guilty." As
the lust name was called the pris-
oner slfrieksd: "My blood will be
upon the heads Of that jury; don't
you forget It," Sc0ville again ad-
dressed the court, saying: "Your
Honor, l do not desire to forfeit
any rights may have
under the law and practice In
this district. Ii there Is anything
that 1 ought to do now to save
tuOse IlSuts, Woliu Uo iuutUbeu
to your Honor to grant it to me-"
Judge Cox, in reply, assured him
that he should have every opportu-
nifty. That the charge would be
furnished him in print tomorrow,
and that he would be accorded all
the time allowed by law within
which to take his exceptions, and
that he would also be entitled to
four days within which to move in
arrest OF judgment.
Guiteau. who from the moment
Judge. Cox began the delivery of his
charge had dropped completely his
air of fippaDt arrogance, and sat
with rigid features and compressed
lips, called out in tones OF despera-
tion "God will avenge this out
rage"
Judge Cox then turned to the
jury and said: Gentlemen of the
jury, cannot express too msBy
thanks for the manner in which
vou have DISCHARGED yonr dutv: