Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-05-10
GUITEAU's APPEAL.
PROCEEDINGS IN THE COURT IN BANG.
MIR. REED CONTINUES HIS ARGUMENT.

the Circuit Court this morning Mr.. Chas II. Reed
at once resumed his argument upon the bill of ex-
ceptfons In the of Charles j. Guteau the con-
v1cted assassin OF President Garfield The attend
ance at the opening OF the court was hardly larger
than On any ordinary session Of the court, but
during the morning the audience continued to in
crease in number Mr.. Reed In opening his argu-
ment, referred to a revision Of the District laws
made by Messrs Ould & Cross IN 1853, which, how
ever, had not been adopted by Congress, in which
certain sections had been introduced which showed
that these gentlemen considered it necessary to
provide for jurisdiction OF the District courts in
cases like that OF Guiteau Mr. Reed also cited
section $500 r. s., explanatory of section 731 R.
s., and argued that the latter section related to
jurisdiction simply in internal revenue cases. He
held that Judge Cox in his decision, expressly de-
c1ded that section 731 r. s. did not apply to this
court in such eases this and, furthermore, that
there was no statute, either In Maryland or the
from the question OF jurisdiction.
THE PLACE OF DEATH
Mr.. Reed held that the statement by Judge Cox.
that the averment OF the place Of death was i'm
material, was not the law, and never was He
challenged his opponents to produce respectable
authority that did not hold that the averment Of
the place of death was absolutely necessary. He
said he could fill the court room with authorities
on that point.
JUDGE CARTIER, IN RESPONSE TO REMARK
by Mr.. Reed, said there was no doubt in the mind
of the court that the Indictment charged death,
which was the most material part OF homicide.
He thought that Mr.. Reed was simply following
out his old argument 1t was all resolved into the
question whether death was constituent part OF
the crime
Mr.. Reed claimed that Judge Cox had rested his
decision on the point Of Jurisdiction entirely on
the common law; whereas the overwhelming
weight Of authority in common law was that the
court had no Jurisdiction.
THE BILL OF EXCEPTIONS.
Mr.. Reed, taking up the bill OF exceptions, said
there were thlrty-twO OF them, but Le-would dis
cuss but four or five of them. They had not been
prepared by him, and he proposed only to argue
such as he believed were of substantial merit
Mr. Reed then referred to the testimony regarding
Guiteau at the time he entered the Oneida COM
mun1ty-sthat vestibue Of hell"-as Mr. Reed
termed 1t. After he left 1t irregularities Oc-
Cured in his llfe-some vagaries of department.
Which he {Mr. Reed) claimed then and he claimed
now were the result OF an infection from High,
or dlsease testimony was offered to show that
he hadn't paid his debts: that he had imposed
upon upon a paWnbroker with bogus watch-a state
ordinary life could cheat a pawnbroker with a
bogus watch. There was other testimony as to
alieged moral irregularities. which, despite an
earnest protest, the court had admitted. -
He denounced the testimony OF Rev. r. G. Mac
Arthur and DR.. Fordyce Barker. In the case of the
latter the special objection was that he had
declared that certain manifestations on the part
or Guiteau were vices and not dseases-a matter
which the jury and no expert should have de-
termined.
JUDGE CARTIER ON ExrERr TESTIMONY.
Judge Cartier said ordinarily, the province of an
expert was to give learned and enlightened con-
cluslon upon predlcated facts. The query raised
by The exception here was whether one could use
The same class Of testimeny-professional testi-
mony to prove the cunning OF sane mind.
THE QUESTION OF INSANITY.
The prosecution, Mr. Reed said, felt the neces-
sity, in view of the testimony, showing the de-
rangement OF the prisoners mind, to pour into the
Jury's mind such expressions as this: s'For they
feared" said Mr.. Reed, "that the twelve men
might say that the defendant, when he fired the
Shot, was inflicted with a weary and wandering
mind. They felt the necessity OF this, and so they
used such instances time after time. They deemed
IL necessary, to secure verdict of conviction, to
use these extraordinary means" Referring to the
testimony OF j. M. Justice, OF Logansport, Mr.
Reed discussed what he claimed was error in per-
hitting the witness to say that he believed the
prisoner could distinguish between right and
wrong
In speaking OF what was shown by this witness,
Ml. Reed said: notwithstanding the evidence OF
volumes TEEN with evidence unquestioned, that he
was Irving in religious state, which was abnOr-
NAL, during his entire life His theme was his
men,"
Judge Cartier, remarking upon this testimony,
said that part OF the constituent elements of in
to discriminate between right and wrong.
Mr.. Reed said Mr.. Scovilie had preparei some
EXCEPTIONS to the Hypothetical questions of the
He then turned to the eleventh exception, which
he said referred to
THE GROWING INJUSTICE INFLICTED UPON THE
PRISONER.
This objected to the testimony OF Mrs Dunmire,
Guiteau's divorced wife. Mr.. Reed cited section
e77, page 103, revised statutes of the District Of
Columbia, and argued that Mrs. Dunmre was an
incompetent witness, Notwithstanding her divorce
as her testimony related entirely to occurrences
before she was divorced. He referred to Greenleaf
on Evidence, vol. ], sections 3A-33S.
Judge Cartier said that when a marriage was
broR en- up a new state OF affairs existed Could
not divorced wife express an opinion as to the
mental condition or her husband
Mr. Reed insisted that she had no right to testify
about what occurred while she was married to the
defendant.
Judge Cartier asked If she could not testify to
an eclipse during that time
eyes, said Mr.. Reed, sif her husband had
nothing to do with it."
Mr. Reed, proceeding, denounced the admission
OF Mrs Dummies testimony in energetic terms as
Mr. Reed then proceeded To discuss the excep-
tiOnS pertaining to
THE EXPERT TESTIMONY.
In speaking Of expert witnesses Mr. Reed says:
~ believe they are as rule the greatest humbugs
THE BIG GUN OF THE EXPERTS.
MI. Reed when about to comment on the excep-
tions taken to DR.. MacDonald's testimony ex-
claimed: "The big gun OF the experts for the pro-
secution! The cannOneer OF the battery OF experts
during the trial. man little above medium
height, corpulent-"
"You have the wrong man." interrupted Mr.
Davldge; "MacDonald is six feet two inches-as
tall as am"
81 think you have DR.. Gray in your mind" said
the district attorney.
'That is So" said Mr.. Reed. 81 apologize to DIR.
MacDOnald-and humb,y, too"
The objections to DR.. MacDonald's testimony,
chiefly that they were permitted TO testify to mat
ters OF fact, which the jury alone was competent
to determine.
"No man." said Mr.. Reed, "who did not see the
trial from beginning to end has any conception OF
the cause or the influences which surrounded the
prosecution, and which they used craftily skill
FULLY, and l must say, sadly, successfully to the
misfortune OF my client"
Mr.. Reed then went on to describe how i'm
pressiye the experts had been; how they had
bowed to the jury, as much as to say: "We'l
stand by YOU" ut was picture, scene," said
MIR. Reed, (which, II put upon canvas, would
startle the country"
JuDaE cARrrxR's QUESTION.
Judge Cartier, fnterrupting, asked rather
bluntly: SHOW are you going 70 find out whether
this was an irresistible impuise7"
"That is matter for the Jury" said Mr.. Reed.
Judge Cartier said that this was an impulse re-