The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1882-01-08
DRAWING NEAR.
The Prosecution Offers Its Prayers to
Judge Cox
In Regard to Charging the Jury in
the Guiteau Case.
Arguments ON the Case.

all preferred to remain and listen Il
the arguments. Eefrr+s1uU
The prisoner assured counsel that h.
would not ask to take any part in th,
legal arguments to-day, but should in
sist on making any comments he might
deem necessary to set them right, OF
either side, as the argument progressed.
Guiteau pretended to write a letter,
but in reality followed Davidge with
the closest attention. The few inter.
ruptions he made were unnoticed by
the counsel, ave when Guiteau called
out, 1 didn't know the difference be-
tween right and wrong; I had nc
choice. If I had / would not have
done it.
To this Davidge said: We will come
to that by and by.
The first senation Of the day was
caused by the reading of Judge Davis
New York; charge to the jury in the
Coleman murder Ease.
Judge Porter relieved Davidge and
read from newspaper slips.
Scoville, with some impasience, OBJ
iected to any more such dramatic eff
forts on the part of Porter, intended
for effect upon the jury, and insisted
that he Porter might as well read a
stump speech to the jury, that he (Por-
teri knew had no bearing upon the
case.
OF course the knows it, shouted
Guiteau, and more than that, the jury
decided the case decidedly against the
charge of the court.
Judge Potter repealed the intimation
and insisted that this farce, which had
been so long enacted by the counsel for
the defense, must now stop. If not
rebuked by the court it would be by
others.
Judge Cox ended the dispute by say
ing the matter read was undoubtedly
authority. Its applicability to this
case would be commented upon by the
counsel at the proper time.
AS Davidge resumed, Guiteau again
shouted: 1 want to get this thing right
before the jnry. Everyone knew all
about hat Coleman case. The jury
gave a verdict against that charge, and
this prosecution know it well.
The effect was electrical, when
Davidge in the most deliberate and
earnest manner said: Your honor, this
man, for three weeks held up to us as
an imbecile, and now listen to him. He
not only knows the difference between
right and wrong, but he understands
fully the law of the case.
Guiteau: Transitory mania; that's
my case. don't pretend I am insane
now. I've got as good a head as you
or Porter either. Scoville is a fool
though. 1 %repudiate him and his
whole theory Of defense. All l want is
two hours before that jury and l can
settle this thing all right.
The scene was a lively n for a few
minutes. Judge Cox raped for order,
and soon Guiteau subsidized and Dayidge
continued without further interruption
to b end OF his argument.
Davidge read, and then celebrating
on the prayers of the government
which ask the judge to instruct the
jury, that il the prisoner knew at the
time Of the shooting, the difference
between right and wrong, he was at
that time sane and responsible, Da-
yidge, with a paper in his hand, said
In low but distinct tones and measured
language; and that they consisted, first.
OF the above definition of sanity; sec
ond, of the declaration that il the
prisoner possessed the ability to so
distinguish between right and wrong,
no irresistible passion or impulse. nc
uncomfortable desire, no moral deprav-
ity, would excuse his act; third, a de.
claration that the standard of insanity
must be that of law; fourth, that nc
delusion or ability to distinguish be
tween right and wrong being present,
would Gus the prisoner.
Davidge thought the prayers Of the
defense bearing not on the points con
tanned in the prayers of the prosecu
ton, ought not to Uv entertained for Q
moment. He said that the law drew
line of responsibility for crime some
where. 1t had not been fully defined
until the judges of England in 1S43
at the request of the house Of lords, lait
down a legal rule defining r~esponspon-
sibility. This rule vas a good old RICH
and wrong test, the rule Of common
sense. There were infinite degrees o
intelligence. Think Of the illustriou
victim of this prisoner on the n han'
and this assassin on the other. Tn
law drew no line between low degree
Of intelligence on the one hand and tn
highest on the other In respect to tn
responsibility for crime.
THIS prisoner had been portrayed a
an imbecile until he went upon tn
stand and tore himself into shreds an
atoms. A man might be peculiar an
might ven be partially insane, but
he arose to the point Of i~ntelligenc
l which enabled him to knew the differ
ence between right and wrong, an
that what he was doing was, wrong
I then he was responsible for the wrong
Dayidge then stated that Eve question
on the subject os insanity had bee