The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-01-05
GUITEAU.
Testimony for Prosecution and
Defence All In.
THE COURT ADJoURNs UNTIL sATUR-
DAY.
Parting Pleasantries Between the Pri-
sOner and His Counsel.

WASHINGTON, Jan. 4-Some delay was
caused in the proceedings while Scoville was
preparing an affidavit Guiteau, as soon as ne
had taken his seat said, 81 promised the mar
shall would keep quiet to-day, SO Twill try
and do So"
vile read it to the court. 1t set forth that the
prisoner has been in such state OF mind that
he has been unable to render any assistance or
suggest the names OF any witnesses, ana thab
the affiant has since the closing OF the case
learned the names of certain witnesses VINO
can testify to material facts for the defence.
After giving the names of the Witnesses aud
briefly stating what he expected to prove,
Scoville moved that he be allowed to intro
duce this new evidence.
quired if the counsel desired to be heard upon
the motion.
Corkhill-I hardly think anything need be
said.
Scoville then amended his affidavit by in
sorting that DR.. Mcfarland would testify that
in his opinion the prisoner is now insane.
After he had subscribed to the amended atfi-
davit, Reed arose and addressed the court IN
favor ofthe motion. He was aware that the
matter was entirely within the discretion OF
the lcourt. 1t was not however, without
precedent, and that, too, in United States
court. He then cited a case where evidence
was admitted even after the argument to the
Jury had begun. 1t had sometimes with sneers
that this trial had already consumed too much
time This was not the first trial that had
been long drawn out The distinguished
counsel from New York had himself been en-
sunpd upon trial in Brooklyn. which con
civil case the life of no human being depended
upon the issue. In this country 1T was the
boast of our free institutions that the poor
man should have the same rights in court OF
justice as the denizen of a palatial mansion,
and he felt that the American people would
not begrudge the one extra day that was now
asked in behalf of this prisoner in the name of
Justice and fair trial. He then paid a glow
ing tribute to Scoville, who had borne the
entire burden of the preparation of this de-
fence, who had defended this poor creature
alone and unaided, without money and with
out encouragement from any source.
Davidge replied at some length and denied
that any precedent existed for re-opening this
case simply to introduce accumulative evil
dence. Particularly in the case OF DIR. McFar-
land he believed it would be a scandal to adj
NIT the testimony of a man so reckless as to
form an opinion and be willing to swear to 1t
merely from reading the newspapers.
Scoville replied at great length and detailed
the hardships and difficulties under which the
defence had labored in the preparation of
their case. It was almost impossible to get
Witnesses to come. Experts fol the defence
were compelled to be satisfied with the S1.25
per diem regular witness fee, while the ex-
perts for the government came here, it is sup
pOb60, l6aViQX grave bIuSue Doltuu tucul anu
remained for six weeks, and every one of
them plainly indicated by their own evidence
that they expected full pay for their services,
and all knew what that meant "These ex-
perts," said Scoville "are still waiting here to
see the results of their evidence in the hangs
ing of this prisoner, but fortunately for the
cause of justice, your honor and this jury
stands between him and the gallows."
Col. Corkhill could not at this stage allow
the remarks of the counsel to go unanswered.
To- as1 farIo ox,I f,-fa N
that he would not object to the introduction OF
any new fact material to the defence. The on
~ objection to be made by the prosecution had
been already mentioned by Davidge there had
never been trial in this district where SO
much liberality had been shown by the govern
ment
Guiteau insisted upon being heard. A bailif
tried to silence him but was met with the an
CRY words, sLst me alone or will slap you In
the mouth" Guiteau then called out, "Your
honor all I want is to show that told these
men on their way to Jail that it was the POLITE
cal situation and pressure of the inspiration
caused me to remove. the President"
Judge Cox said the counsel for the defence
came here strangerito the courts OF the dis
trict and even to the prisoner himself, and
found himself environed with difficulties. For
the most serious difficulty was that the odium
attaching to the assassination made witnesses
unwilling to even allow their names to be made
known to the defence. Approaching all these
Judge Cox had felt opposed to offset them with
an equal latitude and more than ordinary IA
cilities in the PRESERVATION of their case. Evil
dence of insanity could not be offered In sur
rebuttal. In his opinion proof of insanity
should be limited to the evidence in chief of
the defence and rebutting evidence of the
prosecution. He therefore must exclude the
evidence of DIR. Mcfarland. The testimony,
however, of these witnesses by whom the de-
fence expected to prove what the prisoner as
eartad the day of the assassination and
upon the day after as the motive for his act,
the court held should be admitted as evidence
in sur-rebuttal.
Scoville then called DIR. Beard of New York,
who took the stand.
Objection was made to his testimony, and
the objection was sustained.
The next witness called by Scoville was j. j.
Brooks, Chief of the Treasury Secret Service.
The witness visited the prisoner at the Jail the
night after the shooting. Guiteau was in bed
at the time. "He arose in great anger and ex-
element" said the witness, "and wanted to
know what meant by disturbing his rest and
quiet at that hour of the night" said it ill
became him, a murderer, to speak in that man
ner; that he had disturbed the rest and quiet
of whole nation. He said that he was no
murderer, but Christian and a gentleman;
that his mind was made up; that he had been
moved to the act as political necessity and
that it was for the good of the country"
The witness continued: 81 told him was a
sThen vou can appreciate why / did it," The
witness detailed at some length his converse
ton at that time. He said to the prisoner. ssIf
Won had taken the Deity into consideration Won
eould not have done such an act"
The prisoner repljed that he had Thought
over the matter and prayed over it for Six
weeks and more. He thought the more he
nraved tha more he became Convinced that the
President must 90. and that it was his duty to
remove him.
Inst before n. m. Scoyille stated that the
def, nee had closed its case. ana the prosecu-
tion nYesented to The court its PRAYERS for in
strnctions
Notwithstanding his promise in the morning
Gnitean Continued to interrupt and became
Involved in an Alteration with one of the ball
IFS who tried to silence him. NI'll sian Won
in the month. he freouently snarled at him
INIT made no Demonstrations of carving his
threat to execution, At another time he said
to him. "You are nothing but miserable un-
derling. while sneak to fifty millions of peo-
nile when talk
When Judge Cox had finished his remarks
upon Mr.. Scoyille's motion, Guiteau insisted
mon expressing his opinion. THAT'S first
class decision iudge: that's all want to get
before the iury-what said at that time rela-
tive to the causes that impelled me upon the
President AS for the rest don't care a SNAP.
Wouldn't given fifty cents a bushel for this
expert testimony. II / had money enough