The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-01-26
Judge Cox Expounds the Law Appli.
cable 10 the Case and Straight.
ems the Jury's Path.
That Body After an Hours Dcliberation
Returns = Verdict of "Guilty."
And Thus Ends Act III. of the Ma.
tional Tragedy.
Other Foreign and Domestic News.
The Guiteau Trial,

ner interrupted him continuously with the
exclamations: That's a lie!" You're a
blood man." etc. He became so violent
and noisy that it was with greatest diff
Guilty the bailiffs could quiet him. The in
terruptions of the prisoner increased in
violence and frequency, TILL reinforced by
the objections from Scoville, the clamor and
din tor moment resembled small Babel
Judge Porter continued his argument
amid a continued struggle to make his
voice heard amidst the clamor and vile
abuse OF prisoner He closed at 3
o'clock, and in conclusion said =" He who
has ordained that human life be shielded
by human law from human crime presdes
over your deliberations, and the verdict
which you will give to-day will be recorded
where we are to come at the great day. |
trust the verdict will be prompt, and will
uphold the majesty of the law and reflect
credi: upon your integrity, and that the
warning shall reach all lands that political
murder shall not be permitted to avenge
political wrongs or settle political dis
putes. trust you will so dis.
charge your duty that by your action
at least political ASSASSINATION shall find no
sanction to make precedent hereafter, and
hope the time will come when by inter.
national agreements the law shall be so
strengthened that political assassins shall
find no refuge on the face of the earth.
The assassin of Garfield knew that,
against law of the God he was breaking with
bloody hands into the house of life but he
did not know that over his grave, il grave
he is to have would be written this in
scription: The grave Of the cowardly assas.
sin, the swindler and the murderer
He did not know when Garfield yielded up
his life, that the hand that aimed that pis-
tol against his life wrote the name of James
A. Garfield in characters of living light
upon the armament as radiant as if every
letter, was traced in living stars"
Judge Porter concluded his speech late
this afternoon, when it was suggested that
court adjourn until tomorrow. Judge Cox
submitted to the jury the question whether
they would prefer to remain and hear his
charge today or wait until Tomorrow
They chose to hear the charge at once.
Judge Cox accordingly delivered his charge,
substantially as follows:
Judge Cox then read his charge to the
jury. He commenced by saying
that the constitution provides that in all
criminal prosecutions that the accused shall
enjoy the right of speedy and public trial
by an impartial jury in the State and dis
trict where the crime shall have been com.
mitted; that he shall be informed of the
cause and nature of the accusation against
him that he shall be confronted with
witnesses against him; that he shall
have compulsory process to obtain wit
nesses in his favor, and that he shall have
the assistance of counsel in his defense.
These propositions were intended for the
protection of the innocent from in
justice and oppression, and 1t was
only by their faithful observance that
guilt or innocence could be fairly ascer-
tained Every accused person was pre-
sumed to be innocent until the accusation
was proved. With what difficulty and
trouble the law had been administered in
the present case, the jurors had been daily
witnesses. 1t was, however, consolation to
think that not one Of these sacred
guarantees of the Constitution had been
violated in the person of the accused. At
last the long chapter of proof was ended,
the task of the advocate was done, and il
now rested with the jury to determine the
issue between public justice and the pris-
oner at the bar No one could feel more
keenly than himself the great respon.
sibility of his duties, and he felt
that he could only DISCHARGE
them by close adherence to the law as laid
down by its highest authorities. Before
proceeding further, he wished to notice an
incident which had taken place. Pending
the recent argument the prisoner
had frequently taken occasion to
proclaim that public opinion ms
evidenced by the prass and his correspond.
ence was in his favor. These declarations
could not have been prevented except by
the process of gagging the prisoner ANY
suggestion that the jury could be influenced
by such lawless mouthing of the prisoner
would have seemed TO him absurd
and he should have fell
that he was insulting the intelligence of the
Jury If he had warned them not to regard IL
Counsel for the prosecution had felt Il nee.
essary, however, in the final argument, TO
interpose contradiction to such statement,
and an exception had been taken on the
part of the accused to the
form in which that effort was
made. For the sole purpose of purging
the record OF any Objectionable matter he
should simply say that anything which had
been said on either side IN reference to the
public excitement or to newspaper opinion,
The indictment charges defendant with
having murdered James A. Garfield, and Il
was the duty Of the Court Ia explain the
nature OF the crime charged. Murder was
committed where a person of sound memo
ry and discretion unlawfully killed
u reasonable being, against the peace
and dignity OF the United States
with malice aforethought. IL had
to be proved, first, that death was caused by
the act of the accused, and, further, that Il
was caused with malice aiorethought; that
did not mean, however, that the govern.
ment had TO prove any ill.will or hatred on
the part OF the accused toward the deceased
Whenever homicide was shown 10 have
been committed with lawful authority
and with deliberate intent II was
proved to have been done with
malice aiorethought, and malice was not
disproved by showing that the accused bad
no personal illwill to the deceased, and that
he killed him from other motives, as for
instance, robbery, or through mistakinv
him for another, or, as claimed In this case'
I o produce u public benefit. II should he
shown that the killing occurred In the heat
of passion UT under provocation; then Il
would appear that there was mo premedita.
ted attempt, and therefore no malice afore.
thought and that would reduce the crime
to manslaughter. II was hardly necessary
however, to say that there was nothing Of
that kind In the present case. Tue iury
would have 10 say either that the defend.
ant was guilty Of murder or that he was In.
nocent. In order to constitute the crime
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