Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-25
The Prisoner Withers Under
Pesfes,s MercileSS In
Vectice.
Exciting Colloquy Between the
Counsel.
WASHINGTON, Jan. 81.

WASHINGTON, Jan. Il.
Judge Porter entered the room shortly
before ten, and bowling pleasantly to the jury
took his place at the prosecution table. As
soon as the court was opened he stepped In
front of the jury and was about to begin,
when the prisoner forestalled him and called
out from the dock. l desire to say that some
crank has signed my name to a letter which
appeared in the papers this morning. 1t was
without my authority, and repudiate it. |
also want to say in regard to couple OF
cranks that understand have been arrested
for hanging around here, if they undertake
to harm me they will be shot down. | want
every one to understand this.
Judge Porter, who had paused to permit
this preliminary announcement, began by say
ing: The prisoner, as usual, has made the
opening speech.
After thanking the court and jury for their
consideration yesterday, which had made it
possible for him to appear before them today,
Porter, without further preamble, said: This
whole defence has been sham and an i'm
posture which was supposed to have gained
a strength of credence from reiteration. The
truth asserted by this defence is that truth
which is uttered with effrontery, enforced by
persistency, and reduplicated by reiteration.
This is the truth which they assert, in Opposi-
ton to that truth which you are to ascertain
and declare, In my remarks yesterday l
showed you how the prisoner has belied his
profession by acts; how he has belied by his
acts the character given him by his counsel.
showed you that he had been liar, a swim
dler, a murderer at heart from the beginning !;
that this man has grown worse every year of
his lire, we have all seen and knoY.
Guteau-That's bosh and you know it,
Porter.
Judge Porter continued to depict the
character of the prisoner and the fallacies
of his defense, when Guiteau again and again
interrupted him, at one time calling out
attorney General Mac Veagh wouldn't have
anything to do with it, Porter, half reply
ing to the prisoner, said and this Christian,
gentleman, would have you even believe that
Attorney General MacVeagh had dipped his
hands in Garfeld's blood.
Guiteau-Oh that's very fine.
moment later. an allusion having been
made by Porter to the present Attorney Gen
eral, Guiteau bawled out:
He is a high-toned gentleman, and you are
wine bibber, I've got you record, Porter.
Judge Porter~Well, perhaps am.
Guiteau, with a drawling accent-Well,
guess you are, Mr.. Judge Porter.
Continuing in reply Porter:
This Christian gentleman who prays every
uiSht oho SVSiy hioihhS, navy Nou
believe am q wine bibber.
With great effect and an impressive earn
estness Of manner, Porter emphasized by an
anedote which he related, the distinction be-
tween the spirit of love and the spirit of war.
the latter being expressed in the life and
character Of the prisoner.
The first serious outbreak of the morning
occurred when Porter, adverting to the state
ment of the prisoners counsel, reiterated
assertion ofthe prisoner himself that the
notes of stenographer Bailey were destroyed
by the prosecution because they would have
benefited the defence he denied the right OF
the defence to expect or demand to see the
papers prepared by the prosecution solely for
their own use. Furthermore, said Judge
Porter, there was not contained in them any
thing as asserted by the defence, that would
have improved their standing in this case.
Scoville insisted upon being heard and de-
manded that the court should stop the coun-
sci from making any such statements on their
own authority as to the contents of papers
which had not been in evidence before the
jury.
Porter insisted he had right to deny state
ments of the same character made bv the
other side.
Judge Cox thought the counsel had no
right to make any statement as to the con-
tents OF sucn papers.
Porter with much feeling protested that he
had been practitioner much longer that the
Judge, and had never before heard such a
ruling. He, Porter, was of course debarred
from taking legal exception, but he mus,
protest against the unfairncss of the propo.
sition which would admit all sorts of state
ments from the prisoner and from his counsel
and yet would debar the prosecution from
all opportunity of refutation.
Col. Reed with considerable excitement.
but without rising from his seat said s'If /
was the Judge would put him under arrest.
Such insolence to the court should be pun.
ished.
Porter resumed his argument and proceed
ed to discuss the question of reasonable doub,
As an element of the defence of insarity. Re-
ferring to the decision of Judge Martin. OF
New Jersey, which had been reinforced by a
decision in Ohio, he was again interrupted by
Scoville, who desired to know if the argu-
ments were to be heard again upon the law
points.
A sharp colloquy between counsel ensued
when Porter removed the objection BY hand
ing his authority to the Judge, saying:
1t will answer every purpose of mine your
honor, if you should have occasion to note
upon the point.
Returning again to the crime and its CON-
mission, Porter said, Who killed Garfield?
Guiteau-The doctors.
Porter-The doctors?
Guiteau-Yes, the Lord let them do it to
confirm my act.
Porter-Secretary Blaine was responsible
Guiteau-I say, mostly responsible
Porter-Mr. Blaine saved his life on that
night before the murder, simply by his pres
ence with him, as they walked together He
might have saved his life on that fatal I'd of
July, but from the fact that the murderer
stole up from behind. Then, Blaine is NOR
ally responsible for not preventing the crime.
The prisoner confessed that Mrs. Garfield's
presence with her husband on former
occasion had prevented him from
shooting. He vas asked, If Mrs. Garfield
had been leaning upon his arm instead of
Blaine's on that fatal morning, would YOU
have shot hims and he answered, No. Then
Mrs. Garfield 10 responsible for her husband.
death, according to the fallacies of this
vretchedly fallacious defence.