Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-18
Seville Resumes His Argu-
ment for the Defence.
He SavageIy Attacks the Counsel
for the Prosecution.
The Assassin Allowed to Read q
Short Speech.
WASHINGTON, Jan. IL

WASHINGTON, Jan. Il.
When the court opened this morning
neither of the counsel for the prosecution
were present, and at the suggestion of Judge
Cox, Scoville waited few minutes before
resuming his argument. AT ten minutes past
ten the district attorney appeared. and SEQ
vile began. He was at once interrupted BY
Guiteau who had been looking over towards
the Jury for some minutes in an anxious ex-
pectant manner.
Hadn't better deliver it now, he called
out
Oh. yes, replied Scoville, had forgotten.
Then turning to Judge Cox he said, He de-
sires. your honor, to prefer a request that he
be allowed to address the jury. l have look
ed over the paper which he desires to read,
and see nothing in it of an Objectionable
| character.
! Judge Cox nodded assent and Guiteau
said: have written down what wish to
saw, and will read it. 1t is in regard to my
speech He then read with considerable EN-
phasis: intend no disrespect to this hon
orsble court. In general l am satisfied with
the law as propounded by your honor, but
have suggested still broader view, which l
ask your honor to follow. to wit: That if
the jury believe that I believe that it was
right to remove the President because l had
| Special itoiu tuC DSitv 81 W uo,onu
was forced to it by the Deity, they will acquit
me on the ground of transitory mania. Sick
les, Mcfarland and Hiscock, were acquitted
on the grounds of transitory mania.
| In my speech published yesterday, and
which presume your honor has read gave
my reasons for asking your honor to 50
charge. Mr.. Reed made brilliant and law
yer-like plea for the defence, and Scovllle IS
making strong argument for his theory, but
neither Reed nor Scovliie represent me IN
TINS delehce. an, mere as my own counsel
anu as s'a'eu n. .he openins vi '"e cAse' ho
one can rePiesen, n'e " ,"a' july
kho" my iee,ihgs anu my insPiratio" III
removing the r!esiueht' anu 1 nave set IL
forth TO my sat'siactlon IN my speech pup
iished Yesterday ana l ask your nohor IN the
name OF justice, IN the name OF the Ameri-
can people, 10 allow me toeaudress the jury
OF my c3untrymeh, ~nen my NE may oe at
s'aAe' '"an ". :na' jury. n"s uuuo. as
" MS uu'y III "c' my sPeeen WIN
prooaoiy settie Nun Ill III! 'asor' anu there-
Iore' III the interest vi JUSTICE Is OF the
greatest Importance that they near ME IN my
defence. I our honor can decide the matter
If you have any doubt as to your duty.
ocoVliie began win the general complaint
Vi tue aiieseu un.ai'n gu t"e part Vi the
p.oseouo"; pa. al y. tne prosecuting
Ia IN. ' ~. "a pr
serioeu WIN snUu"u ,i'i. ."e ia" a"o VINO
shouioU not. ne hau introduced persons
into the prisoner cell unuer laise gulse TO
worm out MS secrets, ana wheh tne prisoner
said ahythi"g "nich might inure 70 MS ben
ent' .he prosecuting attorney had Deen very
careful " =. ie. IL peTo'he k"o"n' ne COM
p.s' .'.o y, ~, IN I'M, .urn III destroy
,us 'ne "o.es Vi 'ne s,e'os, "P"e,' nayiey, 80
','"' Tic ue'e"ce couiu ho' nave the oehent ot
them.
Inc conuuct OF the prosecution IN the
court room ne alleged was not only unfair to
the defence, but was OFTEN dlscourteous and
more oenenttlng ponce court than this cause.
Inc custom OF the counsel upon the other
SIDE OF nodding ana bowlng to the jury, he
considered highly improper on the part of
the government officers. The prosecution
had also been unfair and discourteOus toward
the witnesses for the defence, sometimes, as
in the case of DIR. Spitzka pursuing them
with ridicule and abuse, even after they had
| returned to their homes.
Commenting upon the failure of the prose-
cution to put upon the stand, detective Nc
Elfresen, who had been summoned by them
and upon whose evidence the defence relied
| to show the condition of the prisoners mind
and utterances at the time of the shooting.
| Scoville said he desired to hear no more of
the fairness and impartiality of the prosecution
until this and similar arbitrary acts should be
explained. lie called the attention of the
jury to the refusal of the prosecution to per.
nit the defence to introduce the testimony of
DIR. Mcfarland, gentleman who had had an
experience of 35 years in dealing with the
insane, and most of the time in connection
with some asylum, and who might have ma
terially aided in determining the true cOndi-
ton of the prisoners mind
Col. Reed suggested, They refused to let
you have photograph identified
Mr.. Davidge. interrupting. Is the case.
your honor, to be argued upon the law and
evidence before the jury or upon what coun-
sci think ought to be before them?
Scoville-I propose to argue this case just
as am arguing it. You may interrupt me
as much as you please, if l msstate the law
or the facts, but propose to be judge of my
remarks.
| Davidge-I see you do. but don't know
as it is of sufficient consequence to enquire
about H.:
ocovilie uhwittingiy raised smile by de-
ciarlne as one count OF ms indi;tment that
the government had acted unfairly in putting
upon the stanu so many witnesses to prove
the ACT OF kiiiihg, gong over and over the
horrors OF tne scene' ssld the counsel, and 1
a .s re; ,aaa II was shame ana disgrace,
inn