Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1882-01-26
THE AssAssIN'S TRIAL
The TeItimony all in--The law in the Case
Arguments OF Counsel,
SATURDAY, JAN. IA.

ts. Arguments OF Counsel,
SATURDAY, JAN Ii.
Guiteau promptly took the floor TO say that
he had received checks aggregatiDg in amount
Bis, ,O00. Some Of them he supposed were
good. He wanted people Ito send him no
other kind. He wanted everybody to under
stand, too, that he was doing his own banking
business. and desired the checks made payable
10 his order. Before Reed began LIS argument,
Scoville requested Judge Cox 10 decide wheth-
er Guiteau should be allowed TO speak in his
own behalf to the jury. II he decided in the
affirmative he wanted Guiteau to speak either
before Mr.. Reed or himself.
Judge Cox-I should be 10th in a capital case
to deny any man present an opportunity to be
heard even il he 10 represented by council In
this case it is safe to assume the prisoner will
abuse the privilege as he has done all through
the trial, and what he would say would be high
ly improper to 60 before the jury. shall
therefore deny him the privilege. AS said
yesterday, however, it his council desire to read
from his manuscript anything that seems prop
or to be laid before tie jury, they can do 30.
Reed and Scoyille, disappointed but not de-
spondent, accepted the decision with the best
grace possible, but Gui,esu WAS not like minded
He broke out ferceiy in denunciation Of de-
cision which, allowed to stand, would be an out
rage to American jurisprudence.
Reed then rose to address the jury on behalf
of the prisoner. He commenced by paying
compliment to the jury for the seriousness and
solemEity and care which had characterized it
during this long trial, unparalleled in the history
OF criminal Jurisprudence. Before Reed had
been speaking half an hour the prisoner began
to comment and contradict Contrasting the
mercy of the Savior towards those afflicted with
devils and insane, with the demand Of the
prosecution in this CAGE, Reed said they say
chang him" Guiteau shouted:
And the American people say let him go. The
American people are on my eide. Reed, now
60 on with your speech.
Reed continued:
1t does Lot require an expert to pronounce
the prisoner insane. You have seen him day
after day shufding in before you. You have
seen that strange, unnatural look of his eyes,
needing the opinion Of no expert to convince
you that this Is not the appearance CT a sane
man. In my opinion, if this poor creature is
sent to an asylum he will be q driveling idiot
within six months.
duiteau had been quietly listening with el-
bows upon the rail of the dock and his chin up
on his hands, his back being turned to the
audience and bis attention apparently fixed on
ton amused him immensely. Turning around,
he looked over in the direction Of the speaker
and enjoyed quiet laugh for some seconds.
In conclusion, Mr.. Reed said: I assert that
the conviction of this man to the gallows and
his execution would be an infamy beyond
risprudence and American juries Think Of the
scene if you condemn him to the gallows
Though not present in a body to see the sight
you cannot but be there in mind. II such day
shall ever come, and I do not believe it ever
can come under this evidence, think of this man
brought out from his cell with the same pale
face and the same wandering eyes, the officers
Of the law gathering round him, pinioning him,
binding him with cords so that his muscles
stand out, covering him with a black hood,
shutting out the light of day from him and
leading him to the scaffold.
The Prisoner-I would rather 60 that way
than to be smashed up in railroad cars, as come
poor fellows were last night Adjourned.
MONDAY, JAN. l6.
Mr. SeovilIe counsel for Guiteau, began bis
argument but did not co1clude. he said ne
was not an orator and that all the defense asked
for was fair, candid and impartial weighing
of the evidence by fair and candid men.
hold in my hand an indictment for conspif-
acy, which 1 have framed in my own mind and
this object of the conspiracy was 70 hang the
prisoner. Scoyille proceeded to name the con-
spirators, the district attorney, Judge Porter,
MIR. Dayidge and five of the governmentex,
| perts, namely Drs. Gray, Hamilton, Ker1pster,
Mcdonald and Noorton. The counts of this
indictment are twenty IN number. First they
have perverted the law III this case ScoVille
in illustration or support of this count, alluded
to the introduction By Judge Porter, of the de-
| cision OF Judge Davis. He said counsel upon
dated ths suggestion that Judge Davis
sat with Cardozo or Barnard, but have yes to
learn if either of them eyeT committed more
responsible act than that of Judge Davis.
Scoyile warmed UP with the subject and de-
nounced in severe language the extra Judicial
act of Judge Davis.
The prosecution state that if the prisoner
! knew the act was wrong on July 2, then he
should lang now. This is not by any means
the whole Of it or a correct statement Of the
! law The court has added in substance as fol-
lows: sYet, if in this act he was overpowered
by consciousness coming through his dis
eased mind that what he was doing was neces-
sary for the good of the country and was spec
ialy approved by God, then you cannot con-
vict him of murder"
Continuing, Scovlle said: .'The second
count in the Indictment is perversion OF testi-
mony and he proceeded TO sustain this count bJ
| reading from Davidge's speech comparing il.
with the testimony.
Scoyille attacked the theory of the prosecu-
! ton, it was the prisoners own innate or re-
| duired deprs7ity that naturally led up to the
| killing of the president and discussed at some
instances OF the prisoners meauness and de-
| prayity "This evidence" said Scoville, ''hEs
| in almost every instance been perverted"
Scovills continued: Counsel parade here
| the del.ts owed by prisoner, and attempt TO
make much of them in this case. They are
weaving"
Guiteau-"i owe about $1,000, and sup
pose that ought to hang a man. II these peo-
Die will send in their bills row I'll giTe thern
checks for them, and get them out OF the way.
suppose I've got some money now. T'l get
rid Of these peopls and then l won't owe any
body ..,..,
Scovilie then alluded to the Incident sworn to
BY Shaw, of Guiteau's pawnipg worthless
| watch for 800. Scoville DENOUNCED Shaw. He
believed hS lied, deliberately perjured himself
in this case, as also had the contemplate little
| few clerk who came down here to help Shaw
out
of Shaw is false and no decent man would be-
lieve It for an instant"
As the court was about to adjourn Guiteau
called ont: ''f desire your honor to read my
speech tonight, so csn discuss with you To-
morrow"
TUESDAY, JAN. Il.
Scoville, for the defense, arising to addrese
the jury began, ''Gentlemen OF the jury"
when Guiteau, who had been sitting very quiet
| ly in the dock looking over the morning papers
said: ''Sooville, isn't this the best time to get
| in that little statement?" Scoville said he had
| forgotten that little statement, but that he
thought it was as good time as any for its pre-
| sentation He explained to Judge Cox thatit
was statement about the asslssin's speech
| which he had prepared and was
desirous to read. Judge Cox
said he could leave it, and the assassin whe
would have done so anyhow, thanked him and
began in a heavy tragedy voice somewhat
| stilted appeal TO the American Judiciary, the
| American people, aud two or three other things,
| to permit him to deliver his speech to the jury
incidentally he took occasion TO say that he was
not in accord with Reed and Scoville; that his
defense was not chronic insanity, but transit
ory maaia, and that he based his hopes Of ac-
| quittal on the acquittal of Sickies, mcfarland
| and Hiscock, on the ground of transitory mania
as much as anything else
Scovilie then took up his indictment fer con-
| spiracy to hang Guiteau against Corkhill, Da-
vidge. Porter, and the experts where he left off
| yesterday and discussed the several remaining
counts in very much the same way, as ON yes
| terday. he devoted himself particularly to-
| day to Corkhiil and Porter Corkhill, the ac-
l cnaad naad every rnaana fonl Or fair To hang