Daily Kennebec journal., 1882-01-13
Davidge Makes the Opening Arg
ument,
Guitesu interrupts But Is Finally
Silenced.
An Exciting Scene ct the Close
WARRINGTON. Jan. l2.

WASHINGTON. Jan. l2.
The audience which assembled in the
court room Thursday morning to listen to
the opening argument to the jury in the
Guteau case, was large and intelligent. which
entered at an early hour waited patiently the
arrival of the court, counsel and prisoner.
The marshal gave the spectators due notic>
that no one would be permitted TO leave un.
til recess. and ordered the main door locked.
At 10 the jury entered and q few minutes
later the court was called to order.
Davidge then opened the argument with
disclaimer Of any intention to make 4 set
speech, but expressed his simple desire to
rendar the jury what aid he could in their
present and solemn duty. The time had
now come in this trial when the jury were to
become factors. Whatever disorder or levity
might have characterized the trial there was
but one sentiment in respect to the conduct
of the jury. All commended their dignitied
department and close and patient attention to
evidence, and could not doubt that as they
had received the commendation of all in the
past they would continue to deserve it in the
future, by their decision of the question be-
fore them.
As Davidge traced the process of reason
ing by which the prisoner gradually reached
conviction that 'but one little life interposed
between himself and the possible great ben
e6ts," Guiteau became restless and for the
first time since the opening of the court in
dicated by his nervous twisting about the
usual preliminaries to q series of Interrupt
tions which in this instance quickly fol-
lowed.
mot often," said Davidge, sin the record
of heinous crime do we have such plain
and pointed evidence as TO the first concep-
ton of the crime. In this case. the sugges-
ton came to the wretch in the night as he
was lying in his bed"
at came to me when the Lord got ready
to have it," shouted the prisoner.
Davidge continued: "This thought or sug-
gestion on the 18th of May. Still thinking
that he might obtain the office he sought, and
keep his hands clean, he mada another effort
on the 2Sth day of May to induce the Presi-
dent"
Guiteau called out from the dock: 81
wouldn't have taken a foreign mission after
the lst of June If it had been offered to me-"
Davidge apparently not needing hiu)-
"On the 2sth of May
Guiteau-'I am talking about the first of
June
Davidge (pausing moment)-"yust listen
TO him.
Guiteau (sneeringly-"They would listen
to you, but your talk is 80 weak it is hardly
worth listening to-
For several minutes Guiteau continued to
interject his comments with the evident in
tention Of annoying Davidgo, but finding he
could not effect this he gradually subsidized
into complete silence.
''There is here, gentlemen" he continued,
'but q single point for discussion and con-
sideration; the subject of insanity. The
I <oll tka& .,,s A.: q
is not allowable for a man coolly, de-
liberately and treacherously to slay another,
and then-to say he had no malice. The
court will tell you when it comes time to
charge you, that to constitute the crime of
murder, the existence Of malice is wholly
unnecessary and that indeed, the crime COM
mitted Is infinitely worse in the absence of
that element than if it was present In the
beginning of the trial an Intellectual attempt
was made in the direction of showing the
death of the President was attributable to
the malpractice Of the surgeons, who attend
ed him with so much fidelity and ability.
That attempt was short lived. however. and
was very speedily abandoned so that there is
now but single question for you to deter
mine and that is the question of insanity,
In the progress of the trial verv MANY
vague and general expressions have crept in
to the case. We have heard of insane men.
of crazy men, Of men off their balance. and
hence i was necessary to apply TO the court
for clear and perspicuous definition a. TO
what is insanity in legal sense Medical
experts have defined insanity from the stand
point Of medicine, and il was necessary I,
have it defined from the standpoint of law,
Even if man be deficient in intelligence.
it does not follow that he shall be permitted
to commit murder with impunity. 1t has
taken one degree Of intelligence for man
to make a contract, another to make will.
and another to do any other act, but when
you come to crime, such crime A. we have
here-'murder most foul and unnatural the
law requires very slight degree of intelli
gence indeed.
1t was in order to make this question nor.
fectly clear and to abridge your iabors so far
as to prevent your being led astrav by the in
production Of irrelevant matter that the pros
ecution asked the court to state succinctlv
~nat constitutes malice and insanity, or legal
intent.
The court has spoken and it has not spoken
in any vague or ambiguous language. II has
iaid down two instructions for your guidance
which l will now read. Here Davidge read
Judge Cox's instructions No and 2.
In commenting on the first and second in
structions Davidge said: That is, gentle
men of the jury. if any human being has
any degree of intelligence which enables him
to understand the act he is doing. and if he
has sense enough to know that that act is in
vioiition of the law Of the land, or wrong,
then no frenzy. no passion will afford anv
excuse whatever. Then no disease of his
moral nature will constitute anv excuse what
ever. Then no belief, however profound.
though a man through reason and reflection
may reach the conclusion that the act is the
suggestion of and commanded by Almighty
God, will afford any excuse whatever for the
perpetration of the crime. His sole and ex.
elusive excuse is disease of mind, oblitera-
ting the sense of the difference between right
and wrong, and absolutely controlling the
jsdgement and reason of the party. Thus
you will see that the degree Of reason nee
essary to make q man responsible is verv
limited indeed.
Thus you will see that man NAV be here
who has been styled crank or Oh his bal
ance, or even partially insane, and vet be
abundantly responsible for crime. What is
the act committed herei Murder. murder
murder, BY lying in wait, what is commonly
called assassination. How great Q degree Of
inteiliGencs does it take to inform q man thar
thai Wrn0u. het 1a~-o. >r