Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-01-10


WASHINGTON, January 9th.-Guiteau ar
rived at the Courthouse about $3.50, and was
taken to the waiting-room. He appeared
rather nervous, and his countenance indicated
anxiety.
AN OPENING BREEZE.
When he had taken his seat in the deck
he glanced around stealthily over the au.
dience, and immediately began an harangue,
evidently intended for the jury: 81 have
received some 800 letters. great many from
the ladies' When 1 get time 1 shall attend
to them. want to send my greetings to the
ladies of America, and thank them for their
sympathy. They don't want me to be hanged.
Public opinion is fast changing. I received
Saturday check for 81, eco from the stall.
warts of Brooklyn and another for $500 from
the stalwarts of New York. I want this
jury to understand how public opinion is on
this case"
A bailiff here tried to silence him, when he
turned upon him in the most vicious manner
and shouted out, W GU keep quiet, and mind
your business. Do not interfere with me
when am talking. If you had any sense
you would understand your place"
With this opening breeze, the proceedings
in due form were begun, and Scoville resumed
his argument.
sCovILLE's ARGUMENT.
Scoville proceeded without interruption for
an hour. His remarks were listened to with
marked attention. He laid stress upon the
proposition that insane men often knew the
difference between right and wrong, ard for
that reason concealed their plans; that the
benefit of doubts should attach to the plea of
insanity, when raised, with the same force as
when urged in connection with the commits
sion of crime.
His allusion to the decision of Judge Davis,
who went out of bis way, he said, TO pass
upon something not involved in the case he
was then considering, brought Judge Porter
to his feet with an indignant reply thst the
charge was false.
ScOville retorted: 1.-THE opinion Of man
who sat on the same bench with Barnard
and CORDOBA should rot be received with
much consideration"
Judge Porter with even more vehemerce)
reiterated that the charge of counsel was alb
soluteiy false that Judge Davis never set on
the bench with either of the gentlemen
named IF al honorable member Of the
Federal Judiciary is to be put on trial here,
[ demand" said Judge Potter, that the
record be produced here upon which this
false charge is made"
Scoville insisted that when the style of
proc edings best suited to a Police Court
were introduced here by the prosecution, he
could comment on them as he deemed fl.
He should not be frightened by the tragic
utterances of Judge Porter He had heard
the same notes years ago from owls ct night
in the woods of Ohio.
Guiteau laughed, and called outsneeringly,
That's very fine speech of Porter's."
Davidge protested that now for five min
utes the time had been diverted from the
proper scope of argument. ard the Court
warned counsel that they must abstain from
personalities.
PERSONAL EXPLANATION.
Scoville concluded his argument at II
o'clock, and in conclusion desired to make a
few remarks Of personal character. Allud.
ing to his controversies with Judge Porter
he disclaimed any intention to transgress the
bounds of propriety or the rules of practice.
but he should criticise the conduct of counsel
when it merited criticism and the threats of
the prosecution would not insimidate him.
Citing the custom of counsel upon the other
side Of bowling to the jury Gu entering, Sco-
vile said: Sometimes it is three bows all
around, sometimes more-never less than
three. It has never been done by counsel
upon this side, and l do not hesitate to criti-
else the propriety of it."
Judge Porter-The gentleman is simply in
stancing his lack of politeness. IF he has no
apology to offer, shall certainly not apollo
gize for him.
Recess.
AFTERS DON SESSION
After recess Corkhill said that, RELYING on
the assurances of the defense that the cues
ton of jurisdiction would not be raised, he
did not expect to speak on the legal points
but as the last two prayers of the defense dis
tinctly made that issue, it was his duty to
speak on the question, which he had very
carefully considered. He then read an ex.
haustive argument upon jurisdiction, using
one hour.
THE ARGUMENT OF DAvIDGE.
Davidge discussed seriatim the prayers of
the defense, and pointed out their sophistries
aad Inconsistencies. 1.-The object of the
prosecution" be said, is to obtain from
your Honor plain, clear, direct ruling upon
four distinct propositions. The apparent OBJ
ject of the defense has been 30 befog all that
may be clear in this case, in the vain hope
that they may get to the jury with some I'M
certainty attached in some way to the case,
upon which to build up a plea for acquittal
Why, your Honor, in over thirty years prac-
tice l have never heard such prayer as this
one offered by the defense. 1t has no justiE-
cation. 1t has no excuse. We don't want
obscurity in this matter. We want light
We don't mean to let this prisoner escape in
a cloud /; but we want from your Honor a
clear and perspicuous ruling, 80 that twelve
average men sitting upon the jury cannot
possibly go astray."
Davidge severely handled the 18th aud 18th
prayers Of the defense, and characterized
them as mean attempts to cast aspersions
upon the experts who bad testified for the
prosecution, and upon counsel for the prose-
cution themselves.
The prisoner followed the argument with
the closest attention, and INDUCED in frequent
and noisy comments.
Davidge concluded his argument at 2.55 P.
NJ. The Court then adjourned until to-mor-
row morning.
Judge Porter will make the closing argu-
ment immediately upon the opening of the
Eourt altar which .Tudpe Cox will render h;s