Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-11
In THE SHADOW.
The Assassin Fast Tightening the Hang
mans Moose About Ills Neck
His Insufferable Impudeace
for Once
Completely Oyerawed Judge POrteT's
Mastery Argument-The Court
Rules Directly Against
the Defense.

WASHINGTON, January 10.-When Gut
| teau came into court, as he passed his brother,
he whispered to him: ''Come over to the
dock; / want to see you about something of
great Importance" Taking his seat, the
prisoner laid down large bundle of papers,
and spreading out the manuscript, busted
himself in looking 1t over. Judge Porter
began his argument shortly after 10
o'clock and at once fixed the attention of
everyone in the room. Guiteau pretended TO
be engrossed in his manuscript, but soon laid
ii aside and listened with wrapt attention.
Nothing like it has been seen or heard dur
ing the past nine weeks in the Guiteau trial.
As Judge Porter reviewed the conduct of the
prisoner and the conduct on the part OF his
counsel of his cause in this court, the crime
in all its hideous ugliness was held up to the
detestation of his hearers. The silence
became impressive, and the presence o.
avenging justice in the near future was sug-
gested with the force of conviction that
swept from the courtroom every vestige Of
that liberty which has so long danced in at
tendance upon every utterance OF the pris-
oner, and, like a veil, obscured from the con-
sciousness of the spectators the horrors of
the crime and what should be the solemni Y
Of Its judicial atonement.
The prisoner WINGED and nervously twisted
in his place. and for several minutes was I'M
abe to say anything that in any sense could
approach 10 an interruption NIduudiiY the
prisoner regained his usual assurance, and
resumed his daily habit of inter
rupting with contradictions and de-
mails. For once, however, the insult
ferable impudence of the prisoner was
completely overawed; neither his noise nor
his abuse could interrupt or silence the ava
lanche of condemnation that swept from the
lips of the eloquent counsel. "The prisoner
is mistaken, your Honor" said Judge Por-
for he hali NV w hra lima
that he can prevent my voice from being
heard by the jury. The puppet cannot be
moved in such good time as when he sat
with his counsel, and by his outbursts now
he is fast tightening the hangman's moose
about his neck"
With a nervous twitchiDg of the mouth,
Guiteau murmured, SWELL see about that"
The heretofore audacious and wholly una
Dashed prisoner seemed i'll at ease and at
loss to understand why his would-be sallies
of wit or impudence wholly failed with the
audience. While more severe became the
denunciation of the counsel the more fire.
quent and marked were the demonstrations
Of approval. Finally, like a wild beast
brought to bay, Guitean yelled out, II staked
my life on the issue, and l am willing to go
to the gallows tomorrow if it is the Lords
will. Pm sick of this bosh. Judge Porter,
/ wish you would get your $1,000 and go
home.n
Judge Porter concluded his mastery ar
gument at IL 40 by reading the now famous
letter of President Garfield to Judge Payne,
in which he complimented and thanked him
for brushing away the network of sophistry
with which il has of late years been Gus
tomary to envelop the plea of insanity when
it is set up as an excuse for crime.
Judge Cox, at II AS o'clock, began the
reading of his decision, which begins with a
lengthy review of the subject of Jurisdiction.
Judge Cox occupied ffty-ive minutes in
reading that portion of his decision touching
upon the question of jurisdiction He reviewed
the progress of the opinion, and cited all
important rulings from the early days of
law in England, and decided against
the prayer of the defense. He summed up
the question, that jurisdiction is complete
in the place where the wound is inflicted;
cons quently this court has full cognizance
Of the offense."
Judge Cox next took up the question of
the legal test of sanity, and decided that the |
knowledge or appreciation of the difference
between right and wrong must be taken as
the correct test.
Judge Cox concluded his decision at - 80 !
o'clock, having consumed an hour and forty |
minutes with rapid speaking upon every |
point. His rulings were directly |
against the prayers of the defense. The |
only grain of comfort for the prisoner was |
when Judge Cox reached the question of |
doubt. Upon this subject be |
'aid: 81 shall not ask the jury to acquit if |
hey find reasonable doubt as to any one |
element, but shall take into consideration
md charge them relative to elements, and
hat if from all the circumstances and evil
iences they have reasonable doubt OF the
by the defendant of the crime as
charged, then they shall acquit."
AS Judge Cox finished speaking, Guiteau
allied out: Il am perfectly satisfied with
hat exposition of the law"
After a consultation between counsel the
,ourt adjourned until Thursday morning,
When Davidge will make the opening argu-
nent to the jury for the prosecution.