Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-11

A politician kills q President from
pique. IA politician" continued Per
Ter. "who had such o belief in the gull.
bility and depravity Of mankind that he
supposed he was doing men like General
Grant, Mr.. Conkling, the greatest par.
hamentarian and one OF the foremost
statesmen Of his time, and even Presi.
dent Arthur, o service, for which hs
would receive q reward. Why, had Gen.
eral Grant, Mr.. Conkling or President
Arthur been standing at the door Of the
Baltimore and Potomsc Railroad on the
morning OF the shooting; had they seen
the assassin creeping upon his victim.
revolver In hand, aiming ct his back, an
iron hand would have descended which
would have paralyzed the assassin and
saved the President"
The audience, carried out Of them.
selves by Porter's eloqusncs, applaudsd
vigorously, despite the cries Of "ordsr"
and "~silence." Even Guitsau was a..
fected, but hs managed to say: "Tbs
Stalwarts are coming to my side every
day. You ought to see some OF the lot.
tiers / get. They are all coming 10 think
with me. and so are oil decent people,"
Porter ran over the decisions OF the
State Courts collected in the St. Louis
Lau Journal, introduced by the defense
yesterday and showed that the Courts Of
eighteen States held the visw OF the
prosecution. that the insanity OF the as
sassin must be proved by the %prepondsr-
anc OF evidence. The Federal Courts
Of eight States held fesbly that the 40
cussd was entitled to the benefit Of Q
doubt. Judge Porter concluded his
mastery argument at 1l:40 by reading
the now famous letter OF President Gar
field to Judge Payne, In which he com.
plimsnted and thanked him for brush
ing away the network Of sophistriss
with which 1t has OF late years been Gus.
tomary to envelope the plea Of insanity
when set up In sIous for crimes.
Judge Cox, ut 11:45. began tho read.
ing OF his decision, which begins with .
lengthy review Of the subject Of juris.
diotion.
Judge Cox occupied fity.fve minutes
In the reading Of that portion Of his do.
cision touching upon the question Of
jurisdiction. He roviswsd the progress
OF opinion and cited all the important
rulings from an early day Of the common
law In England and decided against the
prayer OF the defense. He summed up
the question, "that the jurisdiction 10
complete In the place where the wound
is inflicted" and, consequently. the
Court has full cognizanos Of the offsnse.
Judge Cox next took up the question OF
the legal test OF insanity. and decided
that the knowledge and appreciation Of
the difference between right and wrong
must DO taken az the correct test.
Judge Cox concluded his decision ct
~, having consumed an hour and forty
minutes, with rapid speaking. Upon
every material point bis rulings were
against the prayers Of the defense. The
only grain Of comfort for the prisoner
was offered when Judge Cox reached the
question Of reasonable doubt. Upon
this subject he said: az shall not charge
tho jury to acquit II they find q reason.
able doubt as TO any n element; but I
shall take into consideration and charge
them relative TO the elements, and that
II, from all the circumstances and the
evidence, they have o reasonable doubt
Of the commission by defendant Of the
crime. then they shall acqui.."
As Judge Cox finished speaking. Gui.
teau called out: II am perfectly salts
fed with that exposition OF the law"
After consultation between counsel,
tho court adjourned until Thursday
morning, when Davidgo will make the
opening argument to the jury for the
prosecution.