The Worthington advance., 1882-01-05
CY, MINNESOTA THURSDAY, JANUARY 5, 1882.

H., So ile..s'tTA nT :" "'Si Golipenea 10 GO 80 ~
mues' amusement, Corlih'll's head is
said to. resemble Gni.ean's, althongl
shs Resemblance Wa not striking.
Ipaersoil's :.hc,, I'hviag. sail l1lyea O., tSe
" oua .iii: Ch!ef Jus:.ca l.srtsr's and Ire sur
81 U! i:'ans were most curiorsly examined.
! ~; :, IL .'st,r shove: by iheso heads, Ill of
Whlcil were Irregular, aoItle of thern much more
tlau auittau's, which he pronounced to be
sood head, thai very few heads were symmetri-
Cal, Aid that symmetry was no evi'fence, unless
very marked: Of either insanity 0. idiocy. Gui-
7 teau kspt Lis pro'aise He was nois,er in tho
IHcA thah he bad been OUT OF it.
Hls Interruptions i:scame, as usual
More ireqnont sa he became more weary, and
toWari tbs close OF the session Le was in ono
C0X permitted !tim TO write on the broad top OF
me lslllhg OF The dock, furnishing him pen and
INK Tor the purpose, and securing less noise
II not si!ence. He said eome 1athcr amusing
things, at which, OF coucse, every 10 y laughed
The governments expects to c;caa .is caso in
rebnttai on Saturday. Ts.e defense ,xpocts to
:iose It. case III sur rebustsl by the following
Saturday.
FRIDAY, DBo. 80.
On the bench beside Judge Cox sat Judges
ilagnor and Wylie, President Mott of Union
saiiege, and Congressman Walter A. Wood of
.. ,ew York. Proctor Knott of Kentucky aud
sssS., Sherman we're the only other prominent
t-.SoiiSs pi, a5.4.. Euiteas Sa5 Vol? tal!:atiyo,
although loss abusive than usual. lie got lii 4
number OF ''li'tle speeches" in a very theatri-
cal way: One OF them does not appoArlu the
official report OF the proceedings. 1t Was ia
teuied soIey for the ears or S1o7le and Reed
was WHISPERED hastily as Guiesu WIS led past
them to the dock and ran thus: You ko.p
quiet and l II laugh the case out Of cDurs"
Sonlo OF his pubic speeches followed III netii
ateiy upon the heels OF this rem 4r:
Dr. }. =. Gray, supecin onient OF the stato
lunatic asylum at Utica, n. Y, for the ras!
thirty one years, who has had $1,000 iasaue
patients rndcr his caro-: testified to <,ay tia!
Guiteau wss zane and responsible Oil tie sec
on;l of Ja y aai is sane and responsible to- >7ay
He ie the last Of the government 'x;)er;s, and
Wien he Shall have sst: the lust w.!u III beh If
Of iAo great holy ;:i lneii cl mon Of the country
whose representative he is, respecting the men
tai coudluon OF the assasal2, the weight OF evi-
dcnco III favor Of his eanitv will be 80 great as
to leave little room for doubt in any mud
The question OF permitting the jury to dis
band was raised, but was dismissed by the fore
man announcing that they preferred not to sep.
arate provided they could have q reasonable
opportunity for exercise and to obtain fresh
After recess Dr.. Gray stated he made thor
ouSh, complete and satisfactory examination of
the prisoner at the jill, and gave, at some
length, tho details OF his examination aud con-
yersa,in with the prisoner. After half an
hour had bee been taken u thus, Guiteau re-
marked: "This is a very interesting sory, no
doubt, bnt it must be familiar by this timo to
everyone. The doctor is telling it we'll, how
ever aud is getting in all the facts a. told them
to him. have no objection to it. Witness con-
hnulng'said: 81 asked the prisoner the question,
Suppose the president had offered you the
Paris counsclship during the time you were re-
aecting upon the sui jsot OF removing him,
woul you still have shot him?' and he replied.
We'll, we'll, that would have sot!ed the matter,
would have taken the position. Guiteau
called out from the dock: II said if he had
offered it to mo at any time before the 1st OF
June If he had offered it after the 1st it
would not have made the slightest difference" /"
Witness asked the prisoner hov he came to
shoot the president: II came to The conclu-
sion the political situation justified it.
g9da1y 9ssoa nsss became . convinced q this
shouted again: ''That knocks your Paris con-
sulship aud shows there was no malice in it.
There was not an clement Of murder in it but
political necessity"
Wtness-1 then. asked him upon what
grounds he resolved to remove the president.
and he replied: II considered the removal Of
the president e political necessity" then
asked him how he arrived at that conclusion.
and he replied: eff you will read the palers
of May and June you will fiud what the poiiti-
cal situation was, ana you will perhaps apprs-
ciate what mean by political necessity" Wit
ness then inquired in regard to his ale ;ed insp;
ration, and asked him If came to him in the form
OF s. voice or vision or of direct command, snd
| his reply was: "Ii came to mo as conception,
and effected upon it until resolved that it
was Justified by the situation" Witnoss then
asked how this accorded with his theory of in
spiralion, and his reply was: 1.-THE inspiration
Was in the form of a pressure constantly upon
me to commit the act"
Guiteau-That's al! there is in the case-short
and to the point You can talk about it SIX
| years, IT you want TO-
DR.. Gray continued the story Of his interview
with dultoau, with occasional comments by
the latter Of assent or dissent, but not to the
extent of annoying interruption, until the hour
! IT adjournment
JUDGE COxs DECISION
Following is the full text Of Judge CoX's decision
remandug Guiteau to the dock: 1t is hardly neces-
the trial has been one OF persistent violation ant!
! defiance Of order and decorum aud decency from
The beginning. The orly measures which cout?
have been resorted to to etfectuay aud comDleel,
suppress this disorder were such as might have in
fringed his consttual right prisoner at trial,
and that was conclusive argument against resort
10 that. Until SATURDAY last other
! measure had been suggested from AM
| quarter, when the measure now proposed was sug-
2cs'ed in the form of a motion. although it had
heretofore been an impression shared both by
court and counsel that the prisoners conduct and
language at the bar would probably afford tho best
and contribute largely to tile cnlightenment OF the
rsspo":iOility: Il was, therefore, in accordance
with 4 desire expressed to mo b. the
districtattorney that he was allowed such latitude
Of conduct unrestraned except SO far as necessary
to conduct proceedings at all i'll order to furnish
an opportunity to diagnose his case. l, was thought
that no better opportunity could be afforded than
constant study of the prisoner in the court room
and under the excitement of the trial and the v,r-
} phases of This daily NpnI;nu tho n q
/ period which this trial has continued. As it now
appears the opinions OF the expe.ts have been
| EXHIBITIONS THAT HAVE TAKEN PLACE
during the trial. and if they have contributed to
enable expert witnesses to reach conclusions ii is d
complete vindicaton Of the view OF the district at
torney, that this the proper course to be pur-
sued At this stage Of the trial tile object seems 10
be accomplished. The trial is now approaching its
close. Some six weeks have elapsed since the he
| ginning. Those gentlemen Lave had ample oppor-
tuuity to make up their judynents ana are now II
the course OF pronouncins t!'cm before this court
| and country. On SATURDAY. or the first time, as
said, An application was made to me- to remand tic
jet Of the course herrtoio.s TAX taken "H avng fl1;
been accomplished it seems to me- incumbent upop
me now that the a,piica1on made to impose such
restraint upon the pi scn": as the circumstances
OF the case shall admit anl rs shall con1n TO Tie
more orderly conduct of the case or what is l"ft of
| 1t. considered this motion because 1 doubted!
the ex,elicncy Of it and wished to be clear in my
| Judgment that it did NOT cenacct with The
lilSoHef ccnSL!tu'lCnal flgnl. 1te mas q rigll.
| 10 be confronted with the witnesses
| against him. He has a right to hear
! the. testimony and to appreciate its import
| He has a right to have counsel assist him or con-
! suit with counsel. He cannot be gagged or sent
| out OF court I had considered the application and
| was prepared to act upon it the day il Was
proposed, but I had hoped the mere making of
the motion would have had its moral effect on the
! conduct of the prisoner The proper placa for a
prisoner on trial for felony is in the dock. He can
| only come within the bar to plead upon arraigu-
ment or receive sentence. If the court,
FOR THE PURPOSE OF FURTHER1NG JUSTICE.
grants him the privilege of sitting beside his conn
sci within the bar, it is privilege which confers
no right in itself, but like any other privedge, It
may be withdrawn summary at the discretion of
+ the court. While the prisoner has an undoubted
constitutional right to act as his own counsel or be
heard by counsel, he cannot exercise both rights
simultaneously. Having asked for and had counsel
assigned him, or avaiing himself of the assistance
! OF counsel in any other way, he has there
| by waived his constitutional right to appear
| as such iu person. 1t is well settled
that party cannot waive a constitutional
right expressly intended for his benefit, and sub
seQuently invoke its protection The behavior of a
party In court. whether prisoner counsel. Is q
standard by which to gauge his privilege of ex-
| pressing his constitutional right. If he abuses
that right he NAV to extent forfeit his privi-
taNo nrH1 II -