The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-01-12

sisted on expressing nm opinion Inht
n flrHt.claaa decision judge, that's ~ ] want
70 get before Tho Jury, what said o. ille
mo upon dc President As for The rest !
don't caro- snap. would not
give fifty cents busbcl for this
expert testimony. II had money enough
| I could get fifty Of tho best experts ~ tie
country to swear ! am ~ crazy as loon
That's last how much that kind OF evidence
Is worth"
scoyllo introduced letter written by
the prisoners father, In which lie speaks OF
the prisoner, and expressed an opinion that
he was insane.
Guiteau called out, sneeringly, WAS the
object of reading that letter TO show my
father was crank or that am? You are
the biggest jackass, Scoyille, | ever saw. II
you cannot learn any sense shall have TO
febuke you in public
The prosecution then submitted state,
ment of law points on which they would
rely, as follows:
| 1st--The legal test of responsibility where
insanity is set up us by the defense for an
alleged crime, is whether the accused, at
the time of committing the act alleged,
knew the difference between right and
wrong in respect of such an act that IS, II
he knew what he was doing, and that what
he was doing was contrary to the law oil the
Guiteau-"f didn't because my free
agency was destroyed"
2d---If the accused knew what he was do
ing and that what he was doing was con-
trary to the law of the land, it constitutes
ne defense. lit were true when he CON-
mitted the act, that he really believed he
was thereby producing public benefit or
carry ing out an inspiration of divine
origin, or approved as such,
the belief would not afford any excuse,
nor would such excuse be afforded by the
fact that in the commission OF the act he
was impelled by dcpraved moral sense,
whether innate or acquired, or anevil pas
sion or Indifference to moral obligation.
Guiteau-"All of which is false"
3d-Insanity would. however, constitute
defense, if by reason of disease, the accused
at the time OF committing the act
charged did not know what he was doing.
Ii he did not know that what lie was doing
is contrary to law.
Guiteau-'I had no choice in the matter"
4th-The only evidence in the present case
tending to show an irresistible impulse
to commit homicide is the claim of the nc.
cused that his free agency was destroyed
by his alleged conviction that the death OF
the President was required for the good of
| the American people, and was divincly ill.,
splred. Such conviction, If 1t really eX-
listed, could not afford any, excuse
that it was contrary to law. No mere deiu-
sion or error Of Judgment prohibited by law
is commanded or approved by divine
authority
Guiteau-"God's law is higher than
mans law"
Can exempt.the accused from response
| bility for breaking the law. ohave such an
effect, the commission of the act must have
been the result Of an insane
mind, which was the product
! of disease of such force as to
deprive the accused of the degree of reason
necessary to distinguish between right and
wrong in respect to the act, SO that at the
time of committing the act he did not know
what he was doing or if he did that the act
was wrong or contrary to the law of the
| land.
| At Scovile's motion the court was then
adjourned until Saturday morning, to give
time for the defense to prepare points OF
| law.
WASHINGTON, January 5.-Counsel for
the defense in the Guiteau case will pre-
sent their law points to Judge Cox to-mor,
row morning. His Honor will
rule upon chem Saturday morn
eng Immediately after opening court.
Davidge will then make the opening argu-
melt for the prosecution, which probably
| will occupy day. Scoville will reply for
the defense OH Monday, and will be fol.
! lowed by Reed, and Guiteau, who will
| be permitted TO address the jury.
| Judge Porter will make the closing argll
ment to the jury. Scoville remarked this
morning that lie did not think arguments
would consume more than four days. If
this expectation is realized, the case will
probably go to the jury not later than
| Thursday next
| WASHINGTON, January 5.-Scoville and
Reed tonight finished preparations of the
prayer to be offered by the defense TO the
court for instructions to the jury. There
| are fourteen prayers. The main points
raised are that the legal test of insanity is
whether the act was done as the result Of
an insane delusion, committed under
! the influence of power which
accused could not resist by reason of his
unsoundness of mind; That il accused
would not have done the act but for such
insane delusion, no is not guilty of the
have a reasonable doubt as to the
insanity OF the accused, they should
give him the benefit of the doubt !;
that the jury MAJ take into account the
manifestation of feeling of a part of the
witnesses; that the jury have right to
consider the suppression OF evidence by the
prosecution, as raising the presumption that
such evidence, If produced, would have
been unfavorable TO the prosecution; that
| if the Jury believed the prisoner of
sound mind, but without malice in the
commission of the act, they should render
verdict of manslaughter; that the jury
should find verdict of not guilty upon the
counts of the indictment representing. that
the death OF the President occurred
in the District of Columbia, and that
the knowledge that his act was
contrary 10 law would nos make
the accused.liable to punishment il he did
It under the insane delusion that he was
commanded by God.
WASHINGTON, January None but
members Of the bar, members of the press
and those who are engaged upon this case
will be admitted to-day" was the an
nouncement at the outer door OF the court
room this morning. and every
avenue 10 the courtroom was care
fully guarded. and even the police on
duty indicated that tie day would be one
ofunusual importance TO the progress of the
trial. A number Of ladies succeeded in
persuading Marshal Henry 10 believe that
they were either members of the bar or
press at least such would be the natural
inference, as seats reserved for the legal ira
ternity were quickly filled with la
dies There. was fair representation of
the bar though BY far the greater part OF the
audience was made up from the gentler
sex. The courtroom was filled with prob
ably the best representative audience since
the opening OF tho trial, in point OF stand
] ing and intelligence.
\ Mr. Davidge opened argument on the le-
gal pOintsana was followed with strict atten-
/ ton. The jury were told by the judge that
they might be excused for the day, but
they preferred to remain and hear the ar
guneni.
1be trisoner assured his counsel that be
would not ask to take part IN the legal argn-
nentt to-day, but should insist upon max
ing any comments be might deem necessary
10 set flirfn right on either side. As the
argument proceeded Guiteau pretended IL
read q letter. huf Ia reality fri-
lowed DaviEsc e.iii ci0sest Frienti0n
TIE leu irtrrnriifIls nLisi be- rissie were
uurnIiI-rfl ~ ,.isuis-sI sttl vliru tulirau
called OFT. II dflnt know iiir difference