The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-01-19

early hour, waited for the arrival of
the court, counsel and prisoner.
The marshal gave special due notice
that no one would be permitted to
leave until the hour for recess, and
for the purpose of emphasizing his
remark, ordered that the main door
should be locked. At ten sharp the
jury entered, and few moments
later. the court was called to order.
Mr.. Davidge then took a position
in front of the jury, and opened the
argument with the disclaimer of any
intention to make a set speech,
but expressed his simple desire
to render to the jury what aid he
could in case of such solemnity.
The time had now come in this trial
when the jury were to become fac
tors. Whatever disorder or levity
might have characterized the trial.
there was but one sentiment in the
department and conduct of the
jury. All commented ON their Dig
nified department and close atten-
ton to the evidence, and he could
not doubt that, as they had received
the commentator of all in the past,
they would continue to do so in tho
future. OF the question before
them there is, gentlemen, he con-
tended, but one simple point for
discussion and consideration - the
subject of insanity. The court tells
you that in this land of law il
is not allowable for man,
coolly and deliberately, TO slay
another, and that, to-day he had
done this. The court will tell you,
when the time comes TO charge you,
what constitutes the crime OF muir
der; the existence of malpractice
was wholly unnecessary, and that,
indeed, If committed is infinitely
worse than the absence of that ele-
ment than if it was present. In the
beginning of the trial, as you will
remember, an inquest was made In
the direction of showing that the
death of the president was from the
alleged malpractice of the surgeons
who attended him with 30 much
fidelity, and that this attempt was
very short-lived and had to be
abandoned. No, there is but one
question tor you to decide in this
question of insanity. In the progress
of the trial very many vague and
general discrepancies have crept
into the case. You have heard Of
crazy men, of men off their
base, of insane men and hence
it was necessary to appeal to the
court for clear and definite idea
as to what is insanity in a legal
sense. Medical experts have
defined il from the stand point Of
medicine, and it was necessary TO
have il defined from a stand point
of law. Even IL a man be deficient
in intelligence it does not follow that
he shall be permitted to commit
murder without the means of first
knowing what intelligence Is suffi-
cient for man 10 make q contract
and another 10 make a bargain, or
to do any other act, but when you
commit crime, murder, murder most
foul, the law requires very slightly
defined intelligence indeed. IL was,
gentlemen, in order TO make the
question perfectly clear and 10
aDriJge the labors so far as to pre-
vent you from being led
astray by its irrelevant matter, that
the prosecution asked the court to
state succiDctly what constitutes
malpractice and insanity. The court
has spoken and it has not spoken in
vague or ambiguous language, but
it has laid down the law for your
guidance, which will read. lie then
read Judge Cox's instructions, after
which Mr.. Davidge said: Gentle
men of the jury, If any human being,
with a passable degree of intelli-
gence, which fits him to understand
what lie is doing, and if he has sense
enough to know and does act, that
that act is in violation of the law of
the land, then no plea of insanity
will afford any excuse what
ever. No disease of his rea-
son will constitute any ex-
cuse,whatever. And the belief, how
ever proficient, that this man,
through reason aud reflection, reach
ed the conclusion that his act was
the suggestion of and commended
by Almighty God, will afford no
excuse whatever for the prosecu-
ton of crime, when his sole and ex-
elusive excuse is disease of mind,
and want of sense between right
and wrong. Thus you will see that
the seat of reason necessary to make
a man responsible being limited, you
will see that man may be what has
been styled here "crank," "off his
nut" and even perfectly insane, and
without which may be absolutely
responsible for crime. What is the
act committed2 Murder, murder,
by lying in wait-what
is commonly called assassination,
AS Mr.. Davidge touched upon a pro-
cess Of reasoning by which ii appear
ed that the prisoner had concluded
only one little life interposed be-
tween him and possibly q great
thing, Guiteau began to show signs
of increased nervousness. "Not Of
ten" said Mr.. Davidge, " do we find
recorded crime so hideous as th..
one, nor one with such plain aLC.
pointed evidence as to the perpe-
traitors first conception of II. In
this case the suggestion came to the
wretch at night while lying in his
bed. 1t came to him. -
" Yes, it came TO him from the
Lord" snarled the prisoner.
Mr.. Davidge continued: "The
thought or suggestion came to him
on the 18th day OF May. Still think
ing he might obtain an office, he.
kept his hands clean and made an
other effort in 1880 10 induce the
Guiteau called out from the dock
would not have taken foreign.
mission on the first of June IL IL had
been offered me-"
Mr.. Davidge apparently not heed.
ing him, said, ION the 22nd of May,v
talking about the first OF
June). Mr.. Davidge paused min
ute just to listen at him. Guiteau
'neeringly exclaimed: "Just listen
10 how he talks. Its so weak, hardly
worth listening to-"
For several minutes Guiteau con-
.inued to interject his comment,
With the evidentintention of annoy
ng Davidge, but finding he could
not, he gradually subsidized into COM
plete silence.
Wotchmdn: The new associate ed
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