The Indianapolis leader. (Indianapolis, Ind.) 1879-1890, 1882-01-14

of the prisoner and the conduct on tn
part of the counsel of his cause i'm Court
The crime in all its hideous ugliness wa
held up to the detestation of hi
hearers. The silence became oppressiv,
and the presence of avenging justice in tn,
near future was suggested with the force o
conviction that swept from the Court room
every vestige of that levity which has 81
| long danced attendance upon every utter
ance OF the prisoner, and like O veil OBJ
! scured from the consciousness of the spec
tators the horrors of the crime and wha
should be the solemnity of its judca
atonement The prisoner WINGED and ner
vously twisted in his place, aud for severa
minutes was unable to say anything that in
any sense could approach to an intevrup
ton. Gradually the prisoner reg lined hi;
usual assurance and resumed his daily habit
of Interruptions with contradictions and de-
mails. For once, however, the insufferable
impudence Of the prisoner was completely
Overawed. Neither his noise nor his abuse
could interrupt or silence the avalanche OF
condemnation that swept from the lips OF
the eloquent counsel.
''The prisoner is mistaken, Your Honor, -
said Judge Porter, ''if he believes by his un.
seemly brawling that he can prevent my
voice from being heard by the Jury. The
puppet by his outbursts now is fast tighten
ing the hangman's moose about his neck"
With nervous twitching of his mouth
Guiteau muttered: Well seeabout that" 1"
The heretofore audacious and wholly un-
abashed prisoner seemed ill at ease and at a
loss to understand why his would-be sallies
OF wit or impudence wholly failed with the
audience, while the more severe became the
denunciation of the counsel, the more fire.
quent and marked were the demonstrations
of approval. Finally, like a wild beast
brought to bay, Guiteau yelled out 81
staked my life on the issue, and IN willing
to go TO the gallows tomorrow, if il is the
Lords will. Pm sick of this bosh, Judge
Porter. | wish you would get your s., 900
and 60 home"
Judge Porter began his address with ref
erence to the disorder which had character
lied the proceedings of the defense, and then
spoke OF Reeds argument as lawer-like and
based on the only law points which with
any plausibilty could be adduced by the
defense. OF Scoville's argument he said it
could only have been delivered by one of
the family of Guiteau, who, as he had him.
self boasted. had learned his law in Police
Courts and acquired his manners among
hOoting owls in the woods of Western Ohio.
Mr.. Porter reviewed the arguments OF Da-
vidge, pointing out its strong points NAL
ice, Mr.. Davidge bad rightly said. was the
presumption of Law; question for the
Judge, not for the Jury. Should the Judge
decide, as the defense desired, that malice
was a question af fact for the jury he would
overturn the law. He would create prece-
dent in this famous case which would inev-
itably be condemned through all time to
come. Mr. ScOville had object
cd that the decisions in sup
port of the prosecutions postulate
were as antiquated as his (POrters) style of
oratory. II never" said Porter, ''imitated
any man and never commented on any ones
oratory." II never" said Porter Sat at
The feet of that Gamabiel, as Guiteau did.
Whether my manners and moral,
would have been improved is for others 10
say. Judging from the disciple who is before
you, he would scarcely seem to be an appro-
pirate instructor for youth" Proceeding to
expOund the law on subject OF malice,
reading from the 1880 edition of Archibald's
Criminal Practice" Porter dwelt upon the
premeditation of Guiteau, referring to his
lyings in wait and to his dogging the foot
steps of the President He said: WAS this
worthless vagabond, the man to be inspired
by Coda cheat a swindler, a creature of
the vilest habits? He then is Junior i'm the
firm of Jesus Christ & Co. This murderer
tracking his victim at night, at Church,
at the railroad, s,ation-everyg
till the deed is done. But grant this hide
Gus pretension and allow him the inspira-
ton of Paul which he impiously quotes
that does not protect, as it did not protect
Paul from stripes and DEATH" Porter went
on to say that, although the President had
died the Government still lived and his sue
cessOr was prosecuting the assassin.
"Yes," said Guiteau. "and Arthur en-
ployed you under misapprehension
EYES," said Judge Porter under the mis-
apprehension that the law was stronger than
Guiteau- Guiteau seems to think that he is
stronger than the law"
81 do not claim to be stronger than the
law. but God Almighty is stronger than the
law" said Guiteau sullenly.
He will come before God Almighty
presently" said Porter, solemnly. Until
then, he would 90 well to refer but little to
Him. He will feel soon what he has never
felt before-,-Divine pressure in the form of
a hangman's noose"
The prisoner had sworn on the stand that
he was predestined to remove the President.
He had forgotten to saw that he was also
predestined TO be hung for it,
Speaking again of his interruptions, and
of the promptings of his family, Porter said
he had supreme contempt for all the Gui
teaus. not the respectable ones, but for these
who ympathizei with the assassin. Porter
then took up the authorities cited by de
fense, pronouncing them either misreported
or bad law from obscure benches. He
sneered at the assertion of Scoville that the
antiQuated arguments of the prosecution
could not stand in the light of those of
the defense. which purported to be the out
growth of an enlightened age An age of
Guiteaus, when hungry politician kills
tinued Porter "who had such belief i'm the
gullibility and depravty in mankind that
he supposed he was doing men like General
Grant, Mr.. Conkling (the greatest parlia-
mentarian one of the foremost states
men of his time and even President Arthur,
a service for which he would receive re-
ward Why, had General Grant, Mr.. Conk-
ling or President Arthur been standing at
the door of the Baltimore and Potomac
Railroad depot OH the morning of the shoot
ing-had they seen the assassin creeping up
on his victim, revolver in hand, aiming Al
his back, an iron hand would have descend
| ed which would have paralyzed the assassin
and saved the President"
The audience was carried out of them
| selves by Porter's eloquence and applauded
vigorously despite the cries of order and
silence. Even Gutieau was affected, but he
managed to say, "The Stalwarts are coming
some of the letters get. They are all COM
| ing to think With me, and so are all decent
| people"
Judge Porter ran over the decisions of the
| State Court, collected in the ST. Louis Law
| Journal, introduced yesterday oy the de-
fense, and showed that the Courts of eighteen
States held the view of the prosecution, that
| the insanity of the assassin m1st be proved
| by preponderance of evidence. The Fed
eral Courts unanimously adhered to the
same view, while the Courts of eight States
held feebly that the accused was entitled tC
| the benefit of doubt.
Judge Porter concluded his mastery ar
gument at II 40 by reading the now famous
letter of President Garfield to Judge Payne
in which he complimented and thanked hin