The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-01-17
TIE PRISONERS GARRULITY UN'
CHECKED.


luted pleasantly his counsel and his brotner as
he passed them, and seating himself in the
dock gave attention to the morning papers.
Mr.. Scoville began his address to the jury BY,
confessing his unfamiliarity with the mooe Oh
practice in criminal cases, which has RESUMED
in his making numerous mistakes when mad
undoubtedly mitigated against the prisoner.
He desired, however, publicly to acknowieoge
and return thanks for assistance ne had re-
ceived from members OF the bar there ana IN
other parts of the country, assistance cheerful,
ly and voluntarily rendered, and when mad
very materially aided him in conducting the
defence. All the defence asked for was fair,
candid, impartial weighing OF the evidence py
fair and candid men. he would attemps no
oratory because he was not equal to 1t, and pc
cause he would not do 1t II he could. he
would address himself simply to the reason,
Judgment and intellect of the jury. Oratory,
eloduence and appeals to the passions ne would
leave for the counsel who would follow nun
that in the efforts of the learned counsel
Judge Porter to expound the law or explain
The evidence he would invariably seek to inf1u-
Y nce them through their emotions, to touch
their hearts and swayltheir sympathies rather
than to convince their Judgment.
The sneaker dwelt upon the seriousness OF
the duty devolying upon the gentlemen OF the
Jury in arriving at a fair and Impartial yer.
dict and explained the reasons for the care
and Partially observed by courts in selecting
insensibly add coloring to the evidence to
suit their particular views, and though each
might be honest, yet the counsel upon opposite
sides would naturally take opposite views, and
in listening to and reading over the same evl,
dence each would catch points which would
seem to make for their respective sides. AS a
consequence in presenting them the jury Hinged
with the coloring of their (the counsels9 pre-
conceived opinions neither would in reality
present the whole truth. Mr. Scoville compll-
L. II fvfoe ifx nf
the counsel (Mr. Davidge) who had opened the
argument for the prosecution, and then pro
ceeded to show, owing to the cause he had just
set forth, how unfair, partial and disnonest
Mr. Davidges comments on and review OF the
testimony had been. Mr.. Scoville said:-l do
not care to complain, although do not think
that as counsel in the conduct OF this case l
have been treated with fairness Personally
care nothing for it, but where It Injuries the
cause in which my efforts are enlisted, then L
must complain. / hold in my hand an indict-
ment for conspiracy which l have framed Ia
my own mind, and the object OF this consplra-
cy was to hang the prisoner.
Scoyille proceeded to name the conspirators
the district attorney, Judge Porter, Davidge,
and five OF the government experts M MaMe,y,
aid and Wooster. Apologizing for the trans
erosion Scovile said:
The habit of newspapers of anticipating the
| processes of our courts of law and com plain
| Ing against the LaTQlu0SS u JuulClnl uOoiciolo
| is o most pernicious one and antagonizes the
| very results they may be clamoring for. The
counts of this Indictment, twenty IN number,
are, first, they have perverted the law IN this
case.
Scoyille in illustration and support of this
count, alluded to the introduction by Judge
| Porter of the decision of Judge Davis. he
said: "The counsel upon the other side lndlg-
nantly repudiate the suggestion that Judge
Davis sat with CardoZ0 or Barnard, but nave
-s.l.- = Al fnd q
| more reprehensible act than that of Judge
| Davis" Scoville warmed up with the subject
and denounced in severe language the extra
| judicial act of Judge Davis. Had newspaper
| been guilty of such boldfaced attempt to IN
| fluence decision in a pending cause, the edl-
| tor would have been subject to arrest for con-
| tempt.
| Judge Porter-Don't let us turn this court
| room into town meeting.
| Scoville resumed but was soon interrupted
| by Davidge who, with some lmpatlence, SAID
| ooh no. Mr.. Scoville, that's not so.
Scoville-You may interrupt as much as you
| please. shall not be deferred from saying
| Just what believe to be the truth.
| Dayidge-Well, WE'LL I'll not interrupt
| again, say what you may
| Guiteau-That's fright, judge You keeI
| quiet. You talked for two days and didn''
| say anything. Now give some one else show.
| Scoyille continued: "When Judge Porter
| comes before this jury and undertakes to per,
vert the evidence shall not keep quiet as
| did with Davidge, but shall stop him."
| Guiteau-So shall /.
| Scoville-I shall stop him and shall correct
| him if 1 find he is misstating the evidence.
| Guiteau-Never mind, Eli attend to him.
| Judge Porter-There will be two Guiteauf
| then to attend to me.
| Scoville at some length reviewed those por-
tons of Dayidges argnmsnys. in Yhiaa ne vas
Wen termed by the counsel 1.-The iron rule, .
| for it would hang four-ifths of the insane
| criminals of the country He said:
can only express my surprise that gentle
men of the learning and the experience pos
sessed by the counsel for the prosecution can
state unless there be wilful perversion of the
facts. The prosecution states that if the pri-
soner knew the fact was wrong on the second
of July, then he should hang. Now this is
not by any means the whole of it or the correct
in substance as follows: "Yet If in this act
he was overpowered by consciousness coming
through his diseased mind that what he was
doing was necessary for the good of the
country, and was approved by God, then you
cannot convict him of murder
The second count in the indictment is per-
version of the testimony. do not know how
far Judge Porter will go, but will allude to
some instances in Davidge's speech.
Scoville proceeded to sustain this count by
reading from Davidge's speech and comparing
it with the testimony.
"Oh that's for money. He is paid for that.
He don't believe it, shouted Guiteau.
Scoville contended that the facts were per-
verified and particularly the evidence az to the
morality of the prisoner 1.-THE only allega-
tion," said Scoville, athat will hold against
him is that of adultery"
Guiteau shouted out Chow many innocent
people are there here in this court room? Not
one" A moment later he called out II don't
care to libel Christian people but want the
record straight. 1 say high-toned Christian
men and women are virtuous but the mass of
mankind are not. Let that go on the record"
As Scoville passed Guiteau raised laugh by
yelling out, "Ain't that a pretty good place to
stop Scoville? Its now half-past twelve. Let's
take recess
At half-past II recess was taken for thirty
minutes
Judge Porter stated that he would be unable,
owing to the condition of his health to remain
this afternoon, but he desired Scovile not to alb
stain for that reason from saying anything he
desired to say.
After recess Scoville proceeded to point out
to the jury what he termed the provisions of
the evidence by Judge Davidge Judge Porter's
seat was vacant, while the district attorney in
Dictated by his appearance he wished his was
also, at least so far as his occupancy of it was
concerned. just before recess the district at
torney left the court room to avail himself of
what he deemed good opportunity to obtainsa
little rest. Scoyille intimated he desired to
criticize the conduct of the district attorney as
the chief partner in this (wicked) conspiracy to
hang the prisoner, but would not do so in his
absence as he was not in the habit of saying
things behind ones back. He would wait un-
til he (CorkhilD returned even If it should in
terfere with the arrangements of his argument.
Corkhill was therefore sent for by his brother
counsel and Immediately came into court. 81
haven't he said, the slightest interest in any
thing he may say against me. However 1 will
come in and give him an opportunity to abuse
me-"
Scoville dwelt at great length upon what
Judge Davidge deemed lmmaterial matter
and the latter remarked, "The disposition of
the counsel is to consume time needlessly."
Scoville retorted he did not propose to have
the matters of fact which 60 before the jury
wilfully perverted or enveloped in artificial
obscurity.
Guiteau-That's right; stand by the record.
Davidge had better read my speech. 1t is
published in all the leading papers of America