Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-20
Going Over the Old Ground Once
More.
Tits Between Counsel--Guiteau
as Insolent as Ever.
WAsHIxGToS, Jan. 10.

peals comes with much force at the pres
ent moment that desire to call attention to
il. Ii comes with great grace from the En-
pire State, from that grand old state of the
republic, the state that sends forth the brains,
the money and commerce of the nation. 1t
is great step forward in the law of insanity.
Hitherto the law has been that the burden Of
proof was on the defendant. but the court Of
appeals with grand magnanimity, saws the
burden of proof is on the prosecution to
prove that the man not only had committed
the ACT, but also that he was sane at the time
he committed it. In the name of justice,
and in the name of the American people,
and in the name of the American judiciary,
I desire to thank the gentlemen of the court
appeals, of the State of New York.
Scoville resumed his argument, and read
from the evidence of several witnesses, who
were at the depot and saw the shooting, and
the subsequent arrest of Guiteau, his object
being to show that the prisoner was perfectly
calm and cool, and in condition of nerves
and intellect at variance with the hypothesis
| Of sanity under such circumstance.
Mr.. Scoville complained that the prosecu-
ton had failed to call Detective McElfresh
to stand. and the natural inference was be-
cause his evidence would have been of ser
vice 10 the prisoner.
Corkhill-We called man who was with
him. You say you waited to prove by Nc
Elfresh what the prisoner said on the way to
Jail. Why didn't you get all you wanted from
him?
Scoville in reply read from the evidence
of the witness mentioned by Corkhill:
Il didn't speak with him, but McElfresh
talked with him all the way to Jail; and
added This is sufficient answer, think,
to your last remark and sufficient reason shy
we should complain that you have deprived
us of this very material evidence which would
have shown precisely the language and men
tai condition, so far as it can be Judged by
the conversation of Il @ prisoner, at the very
time of the shooting.
Davidge-Then why didn't you summon
these witnesses yourself?
Scoville turned quickly and replying with
some vehemence OF manner, was interrupted
by Corkhil Oh, please don't scare him.
Scoville-fm not attempting to scare any
one at this stage of the trial. don't i'm
agine any one will be easily scared on either
side.
Scoville read from some letters and docu-
ments written by Guiteau at the time of the
shooting, in which he alluded to and ex-
planned the act, and argued that it was an
utter impossibility for a sane man with no
motive for so bloodthirsty a deed to have
written and talked as the prisoner did in re-
lation to it, Scoville again called the atten-
ton of the jury to what he had before charg-
cd, that the prosecution mad suppressed every
particle of evidence bearing upon the first
two weeks after the shooting. They had de-
stroyed the notes of their interviews with the
prisoner and had introduced as evidence lust
what they thought would aid the prosecution
and help to hang the prisoner, but acct
dentally-
Guiteau-And providentially put the word
providentially in, please.
Scoville continued, But accidentally, prov
dentially, might add, we shave the testi-
mony Of DR.. Young, and will say here if
the prosecution in their final ar gument should
attempt to show that it was afterthought with
the prisoner, to claim inspiration for his act,
you have a right to take all these things into
consideration.
Guiteau-They came to my cell and tried
to draw me out. l talked with them little
and told them about the Deity and my inspir-
alton. and now they suppress all that evil
dence. That shows the iniquity of this pros
ecution, and God Almighty will curse every
one on this prosecution, in my opirion.
After short pause the prisoner added +:
That reminds me to say that Judge Porter
has been pretending to be sick for two days
hope it will be providential to keep him
sick. l hope the Lord will take him dow n
below quickly and then send for Corkhill
Sco,ille proceeded: Corkhill made fire.
quent, and, AZ the speaker evidently thought
sighting comments, until finally becoming
irritatcd, he turned upon the distSrt attor-
ney, and denounced in scathing terms his
unfair conduct. and instanced his production
as evidence in this case, of letter written
BY the prisoner, and which he (Corkhill) had
intercepted and mutilated by cutting off the
signature and such portions as might benefit
the prisoner. A thing, said Scoville, which
was never before permitted in q court of JUS
tice. not even upon the trial of civil suit
Corkhill, sneeringly-Thats your opinion
merely, but it amounts to nothing as a fact.
Scoville-Well, let it be my opinion.
presume am entitled to one, and so is the
jury.
Guiteaa-It was a friendly allusion to Pres
ident Arthur that he cut out-the mean, dirty
whelp.
As Scoville proceeded, the counsel for the
prosecution frequently interrupted him, and
| a running fire was kept up between the coun-
sci for some time. Upon one occasion Cork
hill explained
interrupted you because you were not
stating the truth.
Davidge. contemptuously-Oh, he's Just
| making little capital before the jury
Scoville-Yes, am making q little capt.
tai.
Davidge-Well, please make it quick.
Scoville continued-I am making little
capital here and there. and am doing it as
fast A. can get over the ground.
The speaker disclaimed as his main motive
the desire to shield this man for the honor of
| the Guiteau family. If, however. he could.
| by his efforts, stay the mob influence which
| would rush to the scaffold this insane man.
that mob spirit which Davidge had so lauded
If he could stay this influence until reason
and Judgment returned to the consideration
| of this case, then would be accomplished
what was Of some more account, and save the
American union and the American judiciary
the disgrace Of hurrying to the gibbet an in
sane man.
Scoville then proceeded. apparently going
| over the same ground he had once before
| traversed. to show the prisoners morals had
| been correct, and his life proper up to the
point when, ~ he, Scovilie, claimed the evil
dence pointed to unsoundness of mind. He
denounced the Oneida community and their
vile practices. The defence could not sum-
| mon any OF these witnesses, but, said Sco
vile, With the telegraph and all the power of
the government At their beck, if there had
been single immoral or vicious act on the
pant OF prisoner during the six year, be was
d u Onsida Community, the prosecution