National Republican. (Washington City (D.C.)) 1872-1888, 1882-05-10
THE GuITEAu CASE.


Bill Of Exceptions.
The Guiteau appeal case was taken up yesterday
morning in the Court in Banc. Chief-Justice
Cartier and Justices James, Hagner and Mac.
Arthur were on the bench. The Government was
represented by the District Attorney, Assistant
District Attorney II. T. TaRgart and Mr.. W. u.
Davidge. For the appellant appeared Mr. Charles
II. Reed, Of Chicago. The Circuit Court room
where the court sat was well filed, the audience
being composed mostly Of lawyers and students
Mr.. Reed In opening the case said that he ap.
preached the cause with some timldity, not on ac-
count Of his doubt Of the exceptions taken. but on
account of the extraordinary and memorable cir
cumstances that surround the case. Judges were
not inscnsiblc to public feeling, and the public
has been aroused owing to the illustrious char.
acter of the deceased. still be believed the court
would give the case
FAIR AND IMPARTIAL HEARING.
and decide according to their better judgment.
Mr.. Reed then proceeded to recite the ctof Presi
dent qaiteld's death ut Elberon, NJ j., and claimed
that the body was bronrht here, and no coroners
inquest held on Il. He held, therefore, that the
court had no Jurisdiction In the matter and quoted
,.eyeral authorities on the, subject, going 10 show
that 1t had been established that where the mortal
wound had been inflicted in one jurisdiction and
death taken place In another the accused could
not be convicted in either Of murder, for the rea;
son that the crime OF murder was not complete till
the death had happened aud the mortal wound
and death must occur in the same jurisdiction.
MT Reed ed said his might be called tech
law. To constitute murder at common law the
person injured must have died in year and day
from the time the wound was given. Suppose
President Garfield had lived one day, one hour, or
one minute after the expiration of the year and
the day Guiteau would have been absolutely safe,
with the arm of the law about him, because the
law says the victim does not die within one year
and one day 1t is not murder.
THIS Is A TECHNGCAIITY,
but 1t is the law everywhere throughout the civil
lied world Judge Cartier said that not only the
case of Guiteau but the lives Of citizens generally
depended upon the question Of Jurisdiction. II
the court had no Jurisdiction man could escape
punishm ent when, by accident or design, the VIC
tim died In another country. Mr. Reeds second
point was the invalldity OF the sentence on nc
count Of the dey not having been fixed within
thirty days teyond the next term of the Supreme
Court. The defendant was sentenced 10 be hung
June 30, but the present term Of the Court in
Banc will not end until the fourth Monday in &C.
tober, and therefore the execution should have
been fixed for some day within thirty days of the
fourth Monday of October, 1889. Mr.. Reed then
went into the question Of Judge Cox's charge, re-
ferrng to the question of reasonable doubt. He
held that, while Judge Cox's charge was fair, II
was so obscure as to be likely TO confuse the jury,
who were not In the habit Of constituting language
like judges Mr.. Davidge Mt this point called at
tention to the fact that Mr.. Reed was the only
counsel for the defense, and had been subject to u
severe strain, and that the court adjourn little
earlier. AT one o'clock the court adjourned until
| this morning