Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-01-09
CUITEAU.
The Famous Trial Drawing
to a Close.
Po1NTs OF TIE PROSECUTION
Interruptions of the Prisoner-Ad
dress by Colonel Reed.
tspuo1AL BY tBenArH 10 rHH REooRD-usIos.l

ESPECIAL BY rEl EeRAPH TO THs REooRD-usIos.l
WASHINGTON, January 7th.-Ia the Gui
teau case this morning, Davidge opened tn
arguments upon the legal points, and was fol
lowed with the closest attention. The jur.
were told By the Judge that they might b
excused for the day, but they all preferred t.
remain and listen to the arguments.
The prisoner assured his counsel that h
would not take any part in the legal argu
ments to-day. but should insist upon making
any comments that be might deem necessary
to set them right on either side as the argu
ment progressed.
Guiteau pretended to read letter, but II
reality followed Davidge with the closest a.
tention. The few interruptions he made vert
unnoticed by the counsel save when Guitear
called out ST didn't know the difference be
tween right and wrong. l had no choice. Il
l had would not have done it,"
To this Davidge said: "We will come te
that by-and-by."
THE FIRST SENSATION OF THE DAY.
The first sensation of the day was caused
| by the reading of Judge Dsvids (of New
York charge to the jury in the Coleman
murder case. Judge Porter relieved Dayidge,
and read from newspaper slips.
ScCville, with some impotence, objected to
any more Of such dramatic efforts on the part
of Porter, intended for effect upon the jury.
and insisted that he (Porter) might as well
read stump speech to the jury, and tkat he
| Porter knew that it had no bearing upon
the case
'.Of course be knows it." Guiteau shouted,
land more than that, the jury decided the
case directly az ainst the charge of the Court u
Judge Porter repealed the intimation, and
insisted that this farce, which had so long
been enacted by the counsel for the defense,
must now stop. If not rebuked by the Court,
it would be by others.
Judge Cox ended the dispute by saying
that the matter read was undoubtedly author
ity. Its applicability to this case could be
commented upon by the counsel at the proper
time.
THE PRISONERS LEGAL AcUMEN.
AsDavidge resumed, Guiteauagain shouted
81 want to get this thing right Before the jury,
Every one knows all about thatsGoleman case.
The jury gave a verdict against that charge
and this prosecution knew it well"
The effect was electrical when Davidge, in
the most deliberate and earnest manner, said
Your Honor, this man for three weeks has
been held up to US as an imSecile, and now
listen to him. He not only knows the differ
ence between right and wrong. but he under
stands fully the law OF the case"
Guiteau-Traasitory mania, that's my case.
l don't pretend that 1 am insane now. I've
got AZ good head as you, or Porter, either.
Scoville is fool, though. 1 repudiate him
and his whole theory Of the defense. All ]
want is two hours before that jury, and can
settle things all right
The scene was a lively one for few min
utes Judge Cox raped for order, and soon
Guiteau subsidized, and Davidge continued
without further interruption to the end Of his
argument.
DAvIDGE's POINTS.
Davidge read, and then celebrating the
prayers of the Government, which asks the
Judge to instruct the jury that, if the prisoner
knew at the time of the shooting the differ
ence between right and wrong, he was at that
time sane and responsible. Dsvidge, with
the prayer in his hand, said in low and dis
tinct tones and measured language: "And
that they 80 consisted, first. OF the above
definition of insanity second, OF the declara-
ton that, if the prisoner possessed ability to
50 distinguish between rig bit and Erong. no ire
sistible passion or impulse, no uncomfortable
desire, no moral depravity would excuse his
act; third, declaration that the standard of
insanity must be that of law; fourth,
that no delusion or inability to distinguish be-
tween right or wrong being present would
excuse the prisoner" Davidge hit the
prayers of the defense bearing on points con
tanned in the prayers of the prosecution ought
not to be eutert aimed for moment. lie said
tn at the law drew a line of responsibility for
crime somewhere. It had not been fully de-
fined until the Judges Of Eoglaud, in 1913 at
thu rsquest of the House of Lords lail rGwa
the legal rule defining rsspe:s ii ity. This
rule was the good old right.ai d-Srorg test
the ruls Of common segsr. There were ilstiGi g
degrees of intelligence. IhiDk Of The i usti
Gus victim OF this prisoner on the one hand,
and this assassin on the other. The l.. W drew
no line between low degrees Of Intelligence on
the one hand, aud the highest on the other, in
respect of responsibility for crime. This
prisoner had drawn keen poi trait as an i'm
bscile until he went upon the stand, and
TORE HIMSELF INTO sHREDs AND ATOMS.
The man might lie peculiar and might even
be partially insane, but if he arose to the
point of Intelligence which enabled hIm to
know the difference between right and wrong,
and that what he was doing was wrong, then
he was responsible for that wrong. Davidge
then stated in one case five questions on the
subject of insanity had been submitted to the
Judges Of England. Three Of these ques-
tions had direct bearing on this case. The
first question was as to the responsibility of
the person for an act when at the time of
committing the act he knew he was setting
contrary to law, but did the act complained
of while under the influence of an insane de.
fusion of redressiug a supposed Injury or of
producing some supposed public benefit.
The answer of all the judges, excepting Chief
Justice Mel, was that they we're of the
opinion that notwithstanding the party &C.
cused Gid the act in view under the insane
delusion of redT ssing some supposed injury,
he was nevertheless punishable according to
the nature of The crime committed, if he
knew at the time Of committing such crime
he was acting contrary to law.