The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1882-01-09
SECOND EDITION
THE POINTS OF LAW.
Counsel in the Guiteau Case Argu-
ing their Respective Prayers
and Propositions.
The Prisoner Row Declares Othat
His Complaint Last July was
LssTrans1tOry Manfa.VI

~
L''Transitory Mania.T
WASHINGTON, January Tin ex-
pectation Of the arguments in the
Guiteau case this morning larger
number OF spectators than usual de-
manded admittance to the court room.
Many were disappointed, however, for
long before 10 o'clock every seat was
occupied, and the audience inpatient
ly awaited tho assembling of the
court. Mossrs. Reed and Scoville were
early at their desks in consultation,
but the Government counsel was some
what tardy in appearing. The Judge
himself was late, and it was not until
1918 that the monotOnous "Oyez" Of
the crier announced the arrival of His
Honor. When the prisoner was con-
Quoted to the dock Mr.. Reed stepped
over to talk to him and an animated
colloquy ensued, emphasized by the
prisoner by blows of his fist upon the
dock rail.
The Judge suggested that there was
no necessity for keeping the Jury in
court to-day, and this suggestion being
acquiesced in by the counsel on both
sides, the jury was given leave to
retire. Through their foreman, how
ever, the jury expressed etheir desire
| to remain.
The Court then said that it was
ready to hear arguments as to the
prayers on the part of the prosecution
and defense.
Nh. DAvIDeE OPENS.
Mr.. Davidge opened the argument
ON the part of the prosecution. He
recalled the fact that on Wednesday
last he had submitted to the court
four simple, brief prayers for instruo~
tion to the jury.
l have read TO Your Honor Q deliber-
ate charge delivered by the presiding
Judge of the Supreme Court ofthe First
District of New YOrk-delivered by
jurist who, II be has peer, has no sup
erior In the magistracy OF the Union
delivered In . case of which have never
heard-delivered by man with whom /
have not exchanged q word either orally
or In writing since the commencement
Of this trial. II is reported in the official
organ of the Supreme Court Of New
York. It is authority; 1t does apply to
this care; it did apply to that, and that
law should be authority which should be
respected.
II Gulteau-The jury went against It.
The COurt-Judge Davis is an emin-
0nL Judge and his opinion is officially
I reported. or course If not applicable "a
this case 1t can be made the subject OF
. comment by counsel.
Mr.. DaVidge said that the charge jusl
read was applicable to the case in which
) it was deIiVered-case Of q woman
, named Coleman who was indicted for
. shooting q man whose mistress she had
! been and who claimed to have shot him
under pressure, under an uncontrolla-
J BILE impulse.
r Gulteau-That Coleman case wai
published in all the papers . mouth ago
and the jury went directly against thai
j charge in the verdict which they foHud.
Mr.. Davldge-Here is q man (indicat
. Ing the prlsoner), who, 1t is contendeG
/ for the defense, is im5ecile.
sis what?" said Guiteau Mr.. Davidgt
having laid the emphasis on the second
{ syllable OF "imbecils").
Mrs. Davidge-Now listen to him anG
t see what farce has been acted here fol
. these many weeks. He not only knows
. the difference between right and wrong,
. but be knows the law of the case.
q Guiteau-I don't pretend to be anJ
2 more insane than yourself Mr.. Davidge
and have not been insane since july
! 2. 1t was transitory mania that had
I and that il all the insanity that claim.
Mr.. Davidge-He knows the primer
i pies of law applicable 10 the case as &C
= curately as any lawyer.
: Guiteau-I do not pretend that l dG
= = not. My head is as good Ss yours or .
: Porter's. am no fool. The Lord doe
2 not employ fools to do his work.
Mr.. Davidge-Mr. Scoville has sRlt
= that this man was fool for three weeks
Guiteau-ScoVille is afool himself (t'
l. the Deputy Marshal, "keep quiet; let m
Z alone'O. Irepudlate entiIeIy Scov'lP
theory of the defense.
Il Mr.. DavidRe--We will come bereafte
to the Deity part OF this matter. al
4 not saying q word about that now.
d Guiteau-It y Iu get the Deity dow
on you he will stick to you all your day
In this world and In the next. / motif,
you row.
G MIR. Davidge-We are trying lawyer
d Q theologlan, lecturer, man whC
s although imbeclle for three weeks "a
v claimed by the dsfense), was transigure
n In the estimation Of the jury and OF th
a world by his own testimony. Still
!, want the law to be laid down as it ii
"a want its simple rules TO be given b
= this Court, because then there is an Gu
= of irresponsibility in respect Of inca
= pacity.
u Mr.. Davidge continued "I have no
l. presented 10 you the unbroken curreI
70 of the English decisions from 1S43
rs the present iime. | have presented
you the unbroken current of the deci
ions of the judiciary ot the State of Ne
York down 10 the present time. haV
,. presented to you every outgoing froI
th the Federal judiciary of which you al
20 an officer. think that have a0uI
:, dainty established the proposition tn
~ insanity, when urged as q defense In
v. criminal trial, is to be governed by ii
'. application Of certain rules of law, an
Q. those rules are found In nature an
30 common sense. They are so plain th
he who runs may read. They csnsi
simply of two plain propositions invol'
n Ing, flst, the consideration whether II
patty on trial knew what he was doing
on whether, even IL eccentric, even
ID queer, even ifpArtially insane, he b
o. sufficient reason and understanding
ms know that what he was doing W
We wrong. shall trouble you no no furth
Vo In respect Of the first prayer.