Sacramento daily record-union., 1882-01-21
CUITEAU.
Seoville Attacks the Expert
Testimony.
THE USUAL INTERRUPTIONS.
Personalities INDUCED In Closing APP
peal to the Jury.
tsrnaAl BIZ TELEGRAPH TO rHn RrcoRD-Usroa.l

roll of manuscript, said to be an elaborate
preface to his speech (which has already been
pubIished) His counsel seem to think this
morning that Judge Cox will allow him. uu-
der certain conditions and restrictions. to ad-
dress the Jury when Scoville has concluded.
scovILLE PROCEEDS.
Scoville called attention to the testimony
of DIR. Hamilton, one of "the Government
,conspirators," as be termed him. He read
from his testimony, and said that from the
very start Dr. Hamilton had perverted
his testimony and studiously made use
of the very strongest adjectives, show.
ing the intensity of his feeling, as though
every effort on his part was designed tc
secure beyond peradventure the conviction Of
tie prisoner. In short. mis- feelings led him
TO transcend the bounds of truth, and these
expressions were used by him, as it appears tC
me, for the express purpose of manufactur
ing feeling in your minds against the pris
sner
TIE DIAGRAM OF THE PRISONERS S HEAD.
SoovilIe produced diagram showing sec
tion of the prisoners head.
That's not in the evidence" said Cork
hill
1T is" replied Scoville, "an exact fat
simile of the diagram you put in (reachipf
across the table to the District Attorney
you can take it and see that it is so.
Corkhill Shaking his cad contemptuously
Impose it on the jury if you wish dom
put it on me-
Scoville (earnestly)-I will take rule and
make measurements right here before the
jury.
Corkhill-Oh, don't; your speech is bad
enough your testimony will be worse.
Scovie (half apologeticaly)- Colo
mel CorkhilI, l am doing the best [ can, and
am honestly endeavoring to get the truth
before this jury.
Scoville continued, with frequent Interrupt
tions on the part of the District Attorney.
Taking up the diagram OF Guiteau's head.
offered in evidence by DR.. Hamilton, Sco-
vile said '' propose to show you that DIR.
Kempster lied when he told you that this
diagram was a correct representation OF
Guiteau's head. He attempted to convince
yo1 that Guiteau had an unusually SYM
1netrical head, and l propose to show you
that his evidence, in this respect, was abso-
Iutely false"
Scovilla nt'nued to discuss the subject OF
the head diagra us.
Guiteau took advantage of pause and
called out: THE District Attorney has run
out of money. He can't pay these fellows
till be can get an extra appropriation from
Congress. Laughing. They had better
have stayed in New York. They will get
home with less money than they expected.
Serves them right"
PERSONALITIES ABOUT THE DISTRICT ATToR.
EEY's WASH BILL.
Scoville said that he must protest against
Corkhilis continually volunteering his own
testimony, as he did yesterday, when be
70 cauE SlY1 tho aSxyit,
have seen the record this morning." said Sco-
vile, land | have learned the reason for the
ID strict Attorneys anger against that wit
ness. II seems that Moss had TO sue Cork
hill in the Magistrates Court for 50 wash
bill, which the District Attorney owned
Moss wife. and the record says the District
Attorney paid it, and 81 20 costs"
Guiteau (exultantly)-If they should un-
dertal,e to sne Ces!-hil for ali he owes il
would take the time of all the Courts to at
tend to his business.
Scoville-I very much dislike to bring out
such things in the Court-rooru, but when the
District Attorney persists in his mean little
personalities he compels me TO retaliate
Shortly afterward Corkhill again inter
rupted, when Davidge, who had come in, pro-
tested, with mock gravity. "Oh, don't
interrupt him, in Heavens name. DON'T in
terrupt him; he might stop altogether. -
General laughter. in which ScOville joined.
Guiteau here announced that the papers
had belied him again. He only spent the
nights and mornings of three or four days
preparing his speech, not three weeks.
Recess.
AFTERNOON SESSION.
When the Court reassembled, Scoville said
-s' might detain you, gentlemen, Tor weeks
longer with just such observations as | have
been making upon the evidence introduced
he hut I cha1 dwell
i1nger upon the facts. l will close with a
few general observations.
Scoviile then went on to say that laws are
framed for the punishment of sane people,
nos of the insane. When man has over
stepped the boundary line of sanity, and has
committed a crime he should not be pun
ished, as should a sane man. Ii you find
reasonable doubt, as the law mercifully de-
cisres, of his insanity, you should give him
the benefit of it, The object of human pun
ishment is not for revenge.
Scoville discussed at length the demoral
ling influence Of the scaffold, and expressed
the opinion that crimes would be diminished
by the abolition of capital punishment. He
then proceeded to anticipate the argument OF
Judge Porter and to point out to tie jury the
fallacy Of the arguments which he predicted
that Judge Porter would advance to support
the theory of the prosecution and to secure
the hanging of Guiteau.
CLOSING APPEAL TO THE JURY
In conclusion be said; 1t has often been
said that our jury trials are farces. aud L have
In my practice frequently heard it said that
the jury system ought to be abolished because
iuries sometimes make a mistake because
they are influenced by the eloquence OF adyo-
Gates; because they are Influenced not by JUS
tice, not by evidence, but by the last address.
But, gentlemen, 1 thank God that there was
a time when my Anglo-Saxon ancestors stood
up against wrong and injustice, and wrested
from despot the right of trial by jury. and
[ have never yet seen time when L would
wish TO see thai right abolished. l feel more
secure and more safe in this mode of admins
frstion OF justice than in any other. So long
as juTies are honest, it does not require that
YOU should have read Kent or Blackstone.
It requires that you should have honest
hearts, clear heads, ard, above all. that you
should be fearless to find for the right, re-
gsrdless of what may come, regardless Of
sQwhether your fellow men approve or not.
This is what I shall expect of you, gentle
meu, and believe you will do this. l leave
it with you, gentlemen, thanking you for
your kind attention"
THR QUESTION OF GUITEAU's SPEAKING.
Corkhill stated that on behalf of the prose.
cution ne would withdraw all objection to
Gaiteau's addressing the jury; that this tiial
had been long and expensive, and he did not
desire to give an opportunity for objection
upon which TO form demand for new trial
Reed, with some vehemence, maintained
that the District Attorney had no right to
attempt to influence the jury by such an in
putation as had just been uttered.
Guiteau = appreciate this unexpected
courtesy of Corkhill, aud l don't wholly agree
with Reed, your Honor.
Judge Cox said he had decided to allow the
prisoner TO speak.
Davidge, who had just come in, inquired.
as the prisoner to speak, your Honor :? II
so, 1 would ike to inquire about how much
time he will occupy ?"
Guiteau-I shall deliver to the jury my
speech which has been published ia all the
newspapers.
Davidge-I have not seen it.
Gaiteau-Well, then. 1 would advise you
to get i. at once and read it. I shall want
about two hours, your Honor. 1 speak
rapidly.