Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-10
Scoville Argues in Support Of the
Prayers of the Defence.
Able Arguments by the Pros
ecutiOn.
The Gallows Not Far off for Mr..
Guiteau.
WAsHINGroN, Jan. 9.

ninln WEEK VI TIE buutdu tIidl. HIS mtIu-
ing, as usual, the crowd filled every nook of
the chilled room, and ladies were decidedly
in the majority. The prisoner arrived at
half past nine, and was taken to his waiting
room. He appeared rather nervous and his
countennnce indicated anxiety. The court
was called to order at five minutes past ten,
and few minutes later the prisoner was led
in and placed in the dock. The proceedings
were opened by the prisoner, who expressed
his desire to say few words about his mail.
II have" he said, ''about seven or eight
hundred letters that expect to examine as
soon as get time. A good many are from
ladies, expressing sympathy and praying that
may be acquitted. desire to thank the
ladies' Of America for their sympathy. Sat-
urday, received check for $1,000 from
stalwarts of Brooklyn, also one for $500
from the stalwarts of New York. l desire
to call on other stalwarts to show their hands
with check" Angrny to baliffs, 'Keep quiet
and mind your own business. Don't inter-
fere with me when am speaking"
Scoville resumed his argument in support
of the prayers of the defence, taking it up at
the point where he left off Saturday. As TO the
point of insanity being the ability to distn-
guish between right and wrong, he believed
it was not possible to produce a late case in
England or America involving the point of
irresistible impulse in which the courts had
sustained purely without qualifications the
positions of the English judges laid down in
the House of Lords on the McNaughton case.
Referring to the charge of Judge Davis in
the Coleman case, he said that while the
opinions of judges are entitled to weight in
matters properly before them, yet in matters
not properly before them they were mere
| obiter dicta, and were entitled to no more
| - -. tl,n ~ sIar
| matter.
Scoville proceeded without interruption
| for an hour, and his remarks were listened
| to with attention. He laid stress upon prop
| ositiOns that insane men often know the diff
ference between right and wrong, and for
that reason conceal their plans that the ben
eft of the doubt shall attach to the plea
| Of insanity when raised, with the same force
| as when urged in connection with the COM
mission of the crime. His allusion to the
decision of Judge Davis, who went out of
his way, he said, to pass upon something not
involved in the case he was then considering
brought Judge Porter to his feet with the in
dignant statement that the charge was totally
false.
Scovile retorted that the opinion of a man
who sat on the same bench with a Barnard
and Cardoza, should not be received with
much consideration.
| Porter with even more vehemence reitera-
ted tina: the charge of the counsel was abso-
lutely false, that Judge Davis never sat on
| the bench with either of the gentlemen
named If the honorable member of the
Federal Judiciary is to be put upon trial here,
l demand, said Judge Porter, that the accused
be produced here upon which this base charge
| is made.
| Scovlle insisted that when the style of
proceedings best suited to police coutt
were introduced here BY the prosecution, he
should comment upon them as he deemed
fitting. He should not be frightened by the
tragic appearance of Judge Porter. He had
heard the same note years ago, from the owls
at night. in the woods of Ohio.
Guiteau laughed and called out sneeringly,
''thats a very good speech, Mr." Davidge
protested that not five minutes had been de-
voted to the proper scope of the argument,
and the court warned the counsel that they
must abstain from personalities.
Scoville concluded his argument at II
| O'Clock, and in conclusion desired to make a
few remarks of personal character. AL
luding to his Controversies with Judge Por-
ter, he disclaimed any intention of transgres-
sing the bounds of propriety, or the rules of
practice, but he should crticise the conduct
of the counsel when it needed criticism. and
l
timidate him. Citing the custom of the
counsel on the other side, of bowling to the
jury upon entering. Scovillc said, "Some-
times it is three bows all around. sometimes
more. never less than three. 1t has never
been done by the counsel upon this side. and
| do not hesitate to criticise the propriety of
it."
Judge Porter-The gentleman is simply in
stancing his lack of politieness. If he has no
apology to offer, I shall certainly not apol-
ogize for him.
Recess.
After recess Davidge will speak for an
hour or more. and he will be followed by
\ Porter, who will close the arguments
Judge Cox will not probably render his de-
cision until tomorrow.
After recess. Corkhill stated that he had
not expected to speak on the legal points, re-
1 iylng upon the assurance of the defence that
the question of jurisdiction would not be
raised, but as the last two prayers of the de-
| fence distinctly made that ISSUE il is to be
his duty as the prosecuting officer of the
government. to address the court upon a
question to which he had devoted much care
| full consideration. He then proceeded to read
from printed slips an exhaustive argument
upon the subject of jurisdiction.
| The argument of the district attorney &C.
Supicu biS dtltnllO0 OF the court for one
| hour.
Davidge then addressed the court upon the
general propositions contained in the PRAYER.
Il do not deem it necessary, he began. ito
advert to the question of jurisdiction at this
time"
"A very wise decision, piped in the pris.
, oner
Davidge then discussed the question of
malice, which he said in its legal sense meant
intentional doing of wrongful act, and not
a. the defence seemed to claim. In this re-
spect he thought they had fallen into a grave
error.
Davidge discussed the seriatim PRAYERS of
the defence and pointed out their sophistries
and Inconsistencies. 1.-The object of the
prosecution" he said, lis to obtain from
your honor plain, clear and direct ruling
upon the four distinct propositions. The an
parent object of the defence has been to befov
all that NAV be clear in this case in the vain
hope that they may get to the jury with some
uncertainty attached in some way to the case
10 which'to build up a plea for acquittal.
Why, your honor, in the course of 4hirtv
years practice l have never seen such 4
prayer a. this one offered BY the defence:
It has no justification; it has no excuse We
don't want obscurity in this matter: we want
light; We don't mean to let this prisoner es-
cape IN cloud, but We want from your honor