The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1882-01-14
the Almighty, yet no one held them gulltles


people, they were well satsheu WIN my
act
REED presented the law points for the de.
Tense by praying the court TO instruct the jury,
IN substance, that there could be no murder
without malice, aud the question Of malice
was exclusively for the jury; also that, a. to
insanity, the modern doctrine was that II the
Jury had d reasonable doubt OF the sanity Of
the accused at the time Of committing the act,
it was their duty 20 lind not guilty He pro
ceeded 10 cite number of cuses that upon
which he seemed most TO rely beng the decl.
SION of Judge Brecsc in Hupp v The Peoplc,
! in 3tst Illinois; adding IN conclusion, that
"the question Of what constitutes INSANITY is
also question for the jury
Davidge Unterrupung)-Io cannot tumt.e
this question of insanity into the jury box.
The court will say what is legal insanity
Recd-Your honor will give your views rs
to what constitutes insanity, Dut whether tins
defendant was OF a sound mind or not Is a
question Tor the jury.
| Scovlle next took the floor III support Of
the law points for the dciense but before get
ting fairly under way, the court adjourned to
Monday.
Guiteaus mail on Saturday brought him a
number OF bank checks, though there is a
suspicion they are bogus.
Nondoy.-On the opening Of court Gulteau
Immediately arose and SAID: 81 received this
them from ladies. When | get time | 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. |
received Saturday u check for 81 900 from the
stalwarts OF Brooklyn, and another for 5000
from the stalwar,s of New York. | want this
jury to understand how public opinion is on
this case"
Mr. Scoville remarked that the checks were
worthless, and then proceeded IN continuation
of his argument Of the law points tor the dc.
Tense
He LAID stress upon the propositions that in
sane men often knew the difference between
right and wrong, and for that reason conceal
their plans, and that the benefit OF the doubt
should attach To the plea OF insanity VIXEN
raised with the same force as when urged IN
connection with the commission OF n crime
His allusion to the decision of Judge Davis,
| "who went out of his way" he said, ito pass
upon something not involved in The case he
was then c0nsldcrlng,' brought Judge Porter
to his .eet with an indignant reply that the
charge was false.
| Mr. ScOVlle retOrtel that the opinion OF a
man who sat on the same bench with Bar
nard and CardoZo should not be received
with much consideration.
| Judge Porter, with even more vehcmence,
reiterated that the charge Of counsel was abso
| lutely false That Judge Davis never sat on
the bench with either of the gentlemen named
"lf an honorable member of the federal judi
ciary is to be put upon trial here demand"
SAID Judge Porter that the record be.pro-
duced here upon winch this base charge Is
made"
Scoville concluded his argument at II
O'Clock, and IN conclusion desired to make a
few remarks of personal character. sllud-
ing to ms controversies with Judge Porter, he
dsclalmcd any intention to transgress the
bounds OF propriety or the rules of practice
but he should critlcIse the conduct of counsel
when it merited criticism, and threats of prose
Icution would not intimidate HIM. Citing the
Icustom of counsel upon the other side OF bow
| ing to the jury upon entering, Scovlle SAID:
Sometimes 1t is three bows all around; some.
times more; never less Than three; 1t has
1.Ui Jc,t ,nrj,,o,Oif ,r,, ,,rn,r;o,,
of it,
Judge Porter-The gentleman Is simply in
stancing his lack of polieness. If he has no
apology - ohoi' sum ooi'''i'' "'' "p''''
s"' ~. -, . ao., c,.,.,;r .,;, ho nod
..;a,a.1o, onool, -, .,o Ian, noin,s I'm,
81 i,,,,l,o,,a, hal hoo, ro,ood
W., .,'o 49,. 80 ~ ,o,,Id addross ,ho corr,
-. NM, ,,rooood.,i r,,, fcor,
80 49,, ,,,,
f -, $1,000,
- 49,, -. A.. n.,.i,,.,i,, ,,,,.,,or
''o -