The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-01-12
kilograms and CablGgFamS.

dencc.
Judge Cox inquired if counsel de-
sired to be heard upon the motion.
Col. Corkhill: 81 hardly think
anything need be said"
Colonel Reed addressed the court
in favor of the motion. He was, he
said, aware that the matter was
within the discretion of the court ; it
was not, however, without prece-
dent, and that too in United States
courts. He then cited cases in sup
port of his argument, and said that
in this country it was the boast of
our free constitution that poor men
should have the same rights in courts
of justice as the denizens of palatial
mansions, and he was assured the
American people would not be-
grudge an extra that was now asked
in behalf of this prisoner in the name
justice and fair trial.
Davidge replied at some length,
and denied that any precedent ex-
listed for reopening this case simply
to introduce cumulative evidence,
particularly in the case of DIR. Nc
Farland. He believed he would be
scandalized to admit the testimony
of man so reckless as to form an
opinion, and be willing to swear to
it, merely from reading newspapers.
After considerable discussion by
counsel, which was interrupted by
Guiteau, Judge Cox said the counsel
for the defense came here strangers
to the courts of this district and
even the prisoner himself, environed
with difficulties from the outset; the
most serious difficulty was that
odium attaching to assassination
which made witnesses unwilling to
even allow their names to be known
to the defense, and, appreciating all
these difficulties which embarrassed
the defense, he (Judge Cox had
felt disposed to offset them with an
equal latitude and more in
the preparation of the case. Evi-
dence of insanity could not be Of
fered in surrebuttal. In his opin-
ion the proof of insanity should be
limited in evidence in the chief of
the defense, and surrebutting evil
dence of the prosecution, he there
fore must exclude the evidence OF
DR.. Mcfarland. The testimony,
however, of these witnesses, by
which the defense expected to prove
that the prisoner asserted on the
day of the assassination, and the
day after, a motive for his act, the
court held should be admitted as
evidence in surrebuttal.
Brooks, chief of the treasury Sc
cret service, called.
Witness visited the prisoner at
the Jail the night after the shooting.
Guiteau was held in bed at the time,
and he arose in great anger and eX-
element, and said to witness: "He
wanted to know what / meant by
disturbing his rest and quiet at that
hour of the nlghtW / said 1t i'll be-
came a murderer, SO to speak in
that manner. He had disturbed
the rest and quiet of the whole ma
ton. He came back at me, that he
was no murderer, but Christian
and gentleman. His mind was made
up, that he had been moved to do
the act, as political necessity,
and it was for the good of the
country"
The witness continued: 81 told
him l was a Republican and stall
wart, and he replied, 'TheD you can
appreciate why / did it,"
The witness detailed at some
length what was said at the
time. He (witness) said to
the prisoner: "If you had taken
the Diety into consideration
you could not have done such an act"
The prisoner replied that he had
thought over the matter and prayed
over it for six weeks, and the more
he thought and the more he
prayed the more he became
convinced that the president
must go, and that it was
his duty to remove him. Notwith-
standing his promise in the morning,
Gulteau continued to interrupt, and
become involved in an alteration
with one of the bailiffs who tried to
silence him. "Pll slap you in the
mouth" he frequently snorted at
him, but made no demonstration Of
carrying his threats into execution.
At another time he said to him,
"You're only a miserble underling,
while / speak to 50,000,000 people
when talk"
When Judge Cox had finished his
remarks upon ScovilPs motion,
Guiteau insisted upon expressing
his opinion.
'That's first-class decision, judge.
All 1 want to get before the
jury is what 1 said at the time rela-
tive to the causes that impelled me
to make the attack upon the presi-
dent. AS for the rest don't care
snap. would not give so cents
bushel for this expert testimony. If
l had money enough L could get
fifty of the best experts in the coun-
try to swear am as crazy as loon.
That's just how much that kind of
evidence is worth"
Scoville introduced letter writ
ten by the prisoners father, in which
he spoke of the prisoner, and ex
pressed an opinion that be was in
sane.
Guiteau called out jeeringly, "was
the object of that letter, to show my
father was cranky, or that / am.
You are the biggest jackass, Scoville,
ever saw. If you can not learn
any sense shall have to rebuke you
in public"
The prosecution then submitted
statement of law points, ON which
they would rely as follows: First,
legal test of responsibility, where
insanity is set up as defense for
alleged crimes, is, whether accused
at the time of the commission of the
act alleged, knew the difference be-
tween right and wrong. In respect
of such act, that is if he knew what
he was doing, was contrary to the
law of the land.
(Guiteau-"I didn't, because my free
agency was destroyed.'1 Second
II accused knew what he was doing,
and what he was doing was contrary
to the law of the land, it constitutes
no defense. If it were true, when
he committed the act, he believed
that he was thereby producing a
public benefit or carrying out an in
spiration of divine origin or ap
proval, such belief would not afford
any excuse nor would such excuse
H. n fsorda0 bv 70 cfo that IL, tho oor.a-