New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-05-12
ARGUMENTS AGAINST GUITEAU.


THE COMPETENCY OF A WIFE'S TESTIMONY.
COLONEL CORKHILL AND MR. DAvIDGE IN OPP
sITIoN TO THE BILL OF ExCEPTIoSs-PoNrED
QUESTIONS by THE JUDGES.
WASHINGTON, May 1.-The hearing upon
exceptions in the OF the United states against
Charles j. Guiteau resumed this morning. Colonel
Reed called attention to authority to the point That
IL is the duty Of the Courts to sustain technicates wheh
they appear in the law He then quoted Lord Mans
fields observations upon this subject, pending the de-
cislon of case where popular olImor demanded con-
trary decision.
Judge CariterYOu mean 10 say he held that the MOD
should not try the case
Colonel Reed-Precisely your Honor.
Judge Carlter-Wel, that is sound law; we accept H.
DlstrictAttomey Corkhl then began the opening
argument the prosecution and addressed the Court
He said:
This has been great case not only because the vic
tim of the crime Wan President OF the United states
and his emnence, his great character ms hlgh ouea
position attracted the attention OF The cYuIed WORM "
the because ia addition 70 all tis there we're
legal complications that were not only new IN tDs Jnrs
dicton, but some Oh the questions presenIeu hfe p
the subject Of grave discussion by many OF the ihO9
eminent legal authors III this country ana IN EurOe 4.
disputed the "a OF Juy 1881, the prisoner
shot James A. Garfield with pistol III faliroau uepot
Ia tins city as he was about leaving on tonr Oh peas0
and resi- INJECTING mortal wound As the sufferer LAY
ia the White House. sITrOuLded ny the pohp anu celo
power aud station, ms feyered brain onSeu or
the sOOthlng Inurnurs OF the waves Vi eho . it
begged to De borne 10 It's shores where ne c0ud ee i
and fond hope OF saving his life he was taken 10
ElOoron in the OF NcwJersey where lie could see
the hear lts music aud feel It's lnWg9raung ar
But 1t was of no ava-hs weary eyes were looking pc
You'd the oceanthe bullet was doing liz flta work ne
died. and his eess body was brought back 10 the spot
where he had Deen fatally sh0L
But this Effort 10 his nfeand il possible by human
prevent effects Of TINS crime, now made
the important ana leading feature ia ne argument
punishment OF the criminal It is grayely
said that President Garfield was not allowed to
and die that therefore this Court has no
inrsctlou TO try tine assassin who committed the
centuries the fata stroke aud the death must DOM oc
cur in the same Jurisdiction make tho crime complete
II claim well founded 10 one OF tie most absurd
egaces that We nave Inherited from system OF law"
day and adapted TO the condition OF society as
it then existed but utterly napplcable To our present
system OF jurisprudence IL never had any Foundation
III crime tse-it was one OF the exigences growing
out OF the form vi the then existing ADMINISTRATION Vi
criminal Justice.
Counsel then discussed bis brief the question of u
rsdcton which ia the main reliance Of the defence. lie
held that the long list Of authorities presented by coun
sci for the defence show the disability OF the jury to
inquire Of facts which took place out OF the county or
jurisdiction from which they called had its origin
period when the mode Of its selection and the COM
position Of the body entirely different from those
which obtain; and that the crime of murder should
considered committed at the place where the fatal
blow is struck. He quoted numerous authorities Ill
support of this view among them the decision Of the SUI
preme Court Of tennessee, which held hat The Onence
was committed at the place OF the blow, though the
death occurred elsewhere.
COUNSEL then proceeded discuss the exceptions taken
a condensed review vi the testimony adduced upon the
trial. and argued that tle evidence admitted Tor the
tent and properly admitted; that II was )usilaDle
rebuttal for the prosecution to go TO any iehgth IN
showing that all the OF the decentralization had
been offered evidence VI nsanty-were rather The
product o immortality
the evidence OF Mrs. Dunmire culteaus former Wueb
calming that the domain OF continental comnunlca
tions between husband aud wife had not been invaded
MIR Reed stated for the information of the DistrctA
al ne cd
We're in the eve of the law confidential
The Chief Justice-Do you claim that all observations
are and that she could not even swear that she saw
her husband during that time
Mr.. Keed-Yes; that she could not
The Cuiel Justice-So / supposed.
Mr.. Davidse-Judge Cox would have ruled out the
If the result of confidential communica-
Mr Corkhl-The Judge ruled that confidential COM
muncations between her ana ner husband should not
be yioa,ed Public pSl!ey requires qnieserVed conf
the wife tesufyng facts within her observation
and open, at the same time, TO the observation oil
Judge MacArthur-Read the form of of the question.
Mr. toTkIl reading- state whether III your associa-
tons with min you anything that would indi-
cate that he was man of unsound mind Answer-I
did The question was framed Tor the very pur-
pose Of avoiding the difficulty.
MI Ccrkhl went argue that. under the statutes
relating the District OF Columbia, Mrs Dunmirc would
have been competent 10 testify even as TO confidential
communications, If she herself did not claim protec
The Chief Justice-Would not be prejudice to the
other party There are generally Two parties 10
n marriage, and there two parties to profit or
to suffer by the disclosure of confidential conmnica
tons You would have to get the consent VI the other
Nj Corkhili-Ihe of the rule protecting
fdentlal communications between husband ana wife |
was ON the ground of public policy ana to prevent
trouble and in families There is no violation
n, The snctty of The domestic hearth where the
relation is broken up by death or divorce.
Various questions, in the direction OF dissent from
the views OF the Attorney General were put by all the
members OF the Court.
Judge MaoArthurrhe question put to the witness re-
lates 10 her association with her husband II embraces
the period of coverure. Intercourse between man and
wife thousands Of acts that have no verbasm
them. Can make distinction between
companed Did you not include III the question put To
the witness the largest OF the domestic lie OF these
parties that must be protected from disclosure !
Mr. Corkhill-IOur Honor Is asking questions that are
considerably outside OF the present exception 1t would
depend very largely on the question at issue as 10 how
sacredly these confidential communications could be
guarded.
this witness who could have given that testimony
Mr. Davidge-I did not suppose that the word "usso-
citation" was confined 10 the relation oi husband and
Judge MacArthur-The question was from your asso-
ciaon" aud the previous examination showed that she
was the wife OF the defendant.
Mr. Corkhll-The divorced wife.
Judge MaoArthur-Ihe divorced is not material.
After further cOlOquy THIS point Mr. COrkhl passed
on the discussion Of further exceptions He said IL
would be strange II in trial OF such magnitude minor
errors were not made and a familiar principle Of
law that a trial will not be granted for admitting
improper evidence for the reason that erroneous ln
sriIctlOns were given II it APPEARS from tho whole
record that substantial justice has been done"
Colonel COrkh finished his argument at l2;4o, ana
Mr.. Davidge immediately began tho closing argument
for the prosecution addressing himself To the question
that the place OF death Is an inherent element IN the
crime OF murder in the legal sense Here was crime
AGAINST the United states defined by the statute OF 1870
which says: whoever within the Jurisdiction OF the
United shall commit murder shall suffer death"
The act was the commission Of the murder and the place
OF death was not an element, but an incident IL was
absurd to say that the learned English st' defined muir
in one Jurisdiction would not be murder II u occurred III
another Mr. DaEldge MOI haVn5 cohc.lue1 "a us ais-