Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-05
THE TRIAL OF GUITEaU.
What His Counsel Say-The Feclin.
To-Day. Etc.

| l. Ok
What His Counsel Say-The Feclin-
To-Day. Etc.
MI ScoVille and Mr. Reed were IN conference 81
an early hour this morning, and VIII he engaged
all day upon the preparation OF law points which
they VIII on Saturday present to the for its
rulings. Neither of these gentlemen appear at al
sanguine OF obtaining a verdict favorable to their
client Yet both OF them stoutly maintain not
only that Guiteau legally irresponsible for hi
act, but that he is at this moment an insane man
Ills own assertion to the contrary notwithstanding
Mr. scovlle was greatly disappointed at his failure
get before the jury yesterday the additional eX-
| pert evidence with which he had expected 10 re-
| Dut the very damaging testimony OF the govern.
ment experts. He did not assume to question the
legal soundneSS of Judge Cox's ruling mt thought
| under all the circumstances the Gdium attaching
10 The defence Of this case; the difficulty I'm indu
ing witnesses to testify upon the unpopular side,
ana the TACT t6at the names OF these expert wit
| nesSes, ana what they would testify, were not
known at an earlier stage of the trial-that the
greatest latitude within the d ,creian Of the court
| would have been justified in the Introduction 1T
| any stage of the trial OF any evidence material.
| ana perhaps vital, to the defence.
THE GENERAL FEELING TO-DAY
IS that the defence viii have 10 ground whatever
upon which to stand before the jury if the court
| snail rule favorahly upon the prayers presented
| by the prosecution yesterday. This feeling is un-
Gohettdly shared in great measure by counsel FOR
rn'ihg from The court as will give them the oppor-
tiinity to plead any possible doubt that may be
.hoTn OF the application TO the prisoners case of
me itgal deiinit!on Of insanity and responsibility
Tor illegal acts III contrast with the facts shown
! py lne Vouminous evidence in the case.
MANAGEMENT OF THE COURT FOOM DURING THE
| AKGUMENTS.
Judge Cox has issued the following directions as
| to the management OF the court room during the
| argument OF the case OF GUiteau TO the jury:
l. NO visitors To be allowed TO stand in the north
| east corner OF the room.
| = No visitors to enter there after the argument
IS commenced each day, SO rs 10 pass between the
counSel and the jury, though visitors may be ad-
! mittSl who are invited to a seat on the bench
3. All persons leaving the court room, during the
argument must pass out through tie south doors
TO avoid passing between counsel jury, and Tor
tiat OBJECT pasSageway is to be lett between the
trial table and the audience.
| 4. The south passageway to be kept sufficiently
| cieJf TO allow passing In and out.
o. The space before the jury TO be kept clear
The marshal Is charged with the execution OF
the foregoing directions
The Ruled Out Evidence.
The evidence which the defence desired to sub
NIT yesterday respecting the appearance and con-
duct OF the prisoner in Lafayette square, before the
shooting, was in substance as represented by the
de1ence as follows: Guteau, from the 18th Of June
W ,e isI Oh Juiy was frequently seen In the PARK,
where ne used TO take out his papers, looking them
over In an excited and nervous manner; then re-
turn them TO his pocket, look over TO the White
House, and act SO wildly and strangely that per-
sons who saw him thought he was insane.
Mr.. John w. Gufteau says. also. that lie under
stands that two ladies saw his brother in Hertc
two weeks before the shooting acting so strangely
and wildly that they concluded he was insane.
when the assassination occurred they made Up
Ihelr minds that the man they had seen in the
Herdic had done it. They afterwards saw a pic
t,lre OF the prisoner which confirmed their con-
clusion. "We did not know OF these things be-
fore" remarked Mr. Guiteau 81 did not get the
witnesses to my brothers actions fn Lafayette
park until IL O'Clock Tuesday night"
sIr. Reed on the Prayers of The Pros
cCHsi0n. :
"The prayers OF the prosecution" !" remarked ME-
Charles II. Reed TO a STAR reporter, "would OBJ,
lfterate the defence OF Insanity altogether. We
want the jury to take Q broad and comprehensive
view OF this thing" Mr.. Reed intends to speak
for the defence in the final argument, as Well as
yesterday he said to the reporter. ''came
IKE special providence. You remember
he b, IS said that hat he went to the cell at mid
TIE prisoner asleep. The next day lac went to see
him again, and the prisoner SAID he had had
good nights rest for the first time in six weeks
lie thought, perhaps he was t@St!fying for the
government. You VIII remember case fecited by
Dr. Kemnster where man was sized, as he
went cut. procured an axe, and Slew her. Then
ne SIT IN tie same room, stepping over the body
once TO get his pipe ana then returning 10 his seat
That was considered an evidence Oh Insanity"
s.siiteau's Right TO be Present fsuring
t.se Trial.
The question has been raised as TO whether
Gutcaus const tUtionaI privileges would be VIC
lated by removing him from the court room
during the argument, he having been confronted
with the witnesses against him. Mr.. Tagglrt, the
assistant district attorney expounded the law On
this subject to IL STAR reporter this morning.
Cooley, in his work on C0nSt ;tutfonal LintG-
tons, provides that In of ieionv. where the
life or liberty OF the prisoner is inperilled he has
right to be present and must be reSentat the trial:
that in capital case the accused stands upon his
rights and valves nothing, and the record must
show aflrmativeiy that the accused was present.
The same author also remarks that il the prisoner
should claim tie right of addressing the jury it
| would he difficult to confne him t3 the record.
Wharton, in his work on criminal law, makes tie
same general assertion, but. in addition, holds
waive his right to be present. and could not COM
plain if he titus compelled his own removal.
neither of which, however, were capital cases The
principle that in capt II cases the accused valves
no rights would be opposed to this. Wharton, in
| maintaining that waiver may be implied by vio-
lent and Obstreperous action on the part OF the
accused, says that otherwise the prisoner might
stop trial or extend it Indefinitely. As there is
no capital case to which any OF these authorities
refer they hey do },o not apply to the present
CART that there 'i has been 'iese nothing in ase
way of precedent to guide the court in this case.
IT. ti is new eld m ia atSgetner. r., That the argument
tempt TO remove the prisoner would be danger
Gus experiment. The constitutional provision re-
confronted by his witnesses, and have counsel to
assist him, implying that he himself has the right
W llhe llle CHlci part IN Ills UeienCe.
ROPE FOR GUITEAU.
This morning one OF Adams Express wagons
stopped at the court house and coil of rope about
Is or 20 feet long and ~ inches In diameter was
carried into the marshal's Office. 1t had on it
tag directed "CharesJ. Guiteau care OF the Sheriff
of Washington county," Major Williams, the
deputy marshal, declined to receive it, as the pris-
oner was not then in his custody, but in the
wardens, and the rope Will probably be taken to
the laiL To send ropes to the jail, however, IS
Ike sending % Goals to New Castle. for not only IS
dorS but the ropes there used former occasions
With black caps and cords. are always at hand,
and an execution can be carried out there on five
minutes notice, only time to grease the rope being
required
THE CRANK "sT. PAUL.
The crank who came here during the early part
OF the Guiteau trial, and stated that he was the
Apostle Paul" and came here to get Guiteau OF
by having DR.. Gray'S testimony thrown out be-
cause 'he hangs every man in whose case he testi-
fes," was relea ased from jail few days ago. hav-
ing served thirty days for contempt in the Police
Court by insisting on appearing as counsel for
fellow.prisoner after he (PauD had been dismissed
On Z charge OF VagraQcV. He n l,o pnt