Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-10

! he was inspired both WAYS: he was told by the
command oi the Divine WIN bot 10 com" il IaUF-
der; suppose he had been Inspired, aS he pret-ud-
ed: ana h2d forgotten the commands of the Bible,
then c3l4le tlc question. what was the law of r.
spondDAitT? First, he must be satisfied by The
SasA on an honest nan ttst the prisoner believed
himself inspircd They \ 81 only tac oath Of this
| murderer strus s@nnE fof nj lie.
StroEg!pg tof truth ana for yindicStoR, In
judge Porter, having referred II GuiteaU as n
Pppi., Pppn. CI SroLiile The prisoner said luri'iny
pupil
Judge Porter referring 10 the decision in the Nor
h'eh case iii TIE supreme Court To support az DOC
tiae that insl raticn cid rot ree man frA.n re
silu2. o. y. TIE prisoner said: The narNiug o.
| q second wife I'd a great deh t. DO with ssNiHg
people are satisfied with it."
THE LAW or ms PIRATroN
which the prisoner quoted, Judge Porter said had
no place in this court. lie said that Paul when
Inspired had to take tie consequences OF his act.
NOW, Porter said tie prisoner. II want YOU TO
unceIS, nd III take the coaaeQu / think
IN, LORD hls hXnd IL" law - the consequences
win not b. very serious I'll take the cnll-n-
guanccS, SlaPp!ng bis fist on the railing. az, -
t. the gaIlGWs IL necessary. | don't want any
more more oi ih,S 0oSh from YOU am glad Sou re
when you get to the jury"
Juiee Porter, referring again to Mr.. scaviue's
remark about owls, said he had TO doubt thore
W,> 4 moot IL his case which was very di-ttstc
I'll t. th" ears o. the defence.
Judge Porter held that il was not for the Jury
entirely - determine the question OI Insanity ana
irresponSibllity.
WORDS PROM TIRE GRAVE OF GARFIELD.
Judge Porter then read the widely published
letter OF Gen Garfield to Judge Payne, congratu-
'ating him on his charge. These words. Judge
GARFIELD.
Judge Porter finished speaking at II - T. m
hr Scoyille rising called attenti t. the statute
y Inn mn Sllt Iny person Mho committed murder
"WiHUly and Intentionally, but without In 4lice."
nary meaning.
SUGge Cox's Ruling. on the Points Of
Eats.
Judge Cox then began to give his ruling on the
points Of law. number OF propositions he said,
have been submitted to him 10 be given to the jury
as instructions. The first question that was pre-
scnted in due order of pre- cedence was that OF the
jurisdiction OF this court To try the case. The ur-
~diCtion ri the court had been fully discussed and
seriously challenged. He had deemed il his duty
10 investigate il somewhat, and lie would read
his opinion, however tedious il might b.. Judge
uScrIpt.
He reviewed the law at length, and held that a
common sense application of common law prInci-
pies sustained the jurisdiction OF the court IL lol
lows IRON the authorities he had quoted, he said,
that tAe place of death was imlnaterai and the
18th and 18th prayers OF the defence would have TO
be denied. When ii became his duty TO charge
the jury in this Case he would enlarge further
upon certain points raised in the prayers.
II am glad, your honor" said the prisoner .has
eEclu led the 18th instruction. Ii went in without
my consent"
saii 1t vas his conclusion that the first PROPOSE
ton in the first prayer of the prosecution was
correct As the third, fifth. sixth and eighth
prayers Ol the defence seemed to incorporate the
New Hampshire rulings no did not consider il safe
to adopt them in the lnstru tiOnS TO the jury. He
could not find authority that held that knowl-
edge that the act was contrary to law created a
responsible ". In reference 10 the second PROPOSE
toA OF the prosecution, he said it had too much
iS nr hsr -ert
t>uilon, lie said, contiCt11 with the VII WS he
had announced, he had substituted for them
another.
lie co1sI Tered the 7th prayer OF the defence also
as objection bic In gard 10 the 9Th prayer rdis-
lns the question OF reasonable DOUBT, he said he
would not Instruct the jury ii they had a reason
able douot upon one element II acquit: but he
would instruct them, after considering all the ee-
mcltS OF the case. If tlay had reas0nab able doubt
as To the guilt OF the accused, they should acqu.L
AstJ the 10Th and 1ltl prayers OF the defence
one rs TO tle credIbiiy OF tue witnesses, ana the
cned TO 50 inStru t the jury holitng that counsel
IL id the right u comment u UD0a testimony. The
l2th prayer OF the defence also he refused.
TINE REQUIRED FOR THE COMING ARGUMENTS.
When Ju5e Cox finished speaking at :a5 pm,
he asked the counsel how much time they needed
for argument.
Mr.. Dlvilge sid that he would take two hours.
ahd possibly three or fOur.
Nil Rec S Ill he did not know how many hours
Mr. :oyIue sid he would be az brief as he could
The prisoner desired, he sad, TO speak in his own
benaif.
Il would like about two hours at that jury
said the prisoner.
The court sail he proposed TO sit until four
O'clock in the evening until The arg umentS We're
cl05ei.
Mr.. S3ovlle said he would then require about
two days.
ADJOURNED TILL THURSDAY MORNING.
The court adjourned at 80 Hhti THURSDAY
morning. Mr. Davidge having asked for d Gay 10
prepare u is opening address.