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

WASHINGTON, January AT the Gull
teau trial this morning before the proceed
ings commenced Guiteau said: This is q
rgood time to make speech, but prom
ised the Marshall would keep quiet to.
day and will try to do So"
Mr.. Scoville read an affidavit, setting
forth that affiant is the sole counsel for the
prisorer that the prisoner has been in such
n state of mind he has been unable to receive
any assistance or suggest the names of any
witness and that afiiant since the closing
had learned fhe names of certain witnesses
who can testify to material iacts Tor the de,
Tense. After giving names OF witnesses and
briefly stating what he expected 10 prove
by each, Scoville moved he be allowed to
Introduce this evidence.
Judge Cox inquired if counsel desired to
be heard upon the motion.
Colonel Corkhill-"I hardly think any
thing need be said"
Colonel Reed addressed the Court in favor
of the motion. He was aware the matter
was with the discretion of the coart. 1t
was. not, however, without precedent, and
that. too, in the United States Court. He
then cited cases in support of his argument,
and said, that in this country it WAS the
boast OF our free Constitution that poor men
should have the same rights in courts OF
Justice as the denizen Of palatial mansion,
and that he was assured the American
people would not begrudge any extra e1-
iri.'l at yvas now aehcd IN behalf Of this
prisoner, ip the name Of justice and a fair
Mr.. Daydee replied at some lsneth. and
denied that any precedent existed for re-
opening this ease simply To introduce evil
dence, particularly, on the case
OF DR.. Mcfarland. He be-
t.l. "A N... slaItQ 10
ndmit the testimony OF man so reckless as
10 form en- opinion aud be Wiling 10 swear
TO il merely from reading newspapers.
After considerable discussion 10y counsel,
which was interrupted by Guitcau, Judge
cox said counsel tor the defense came
here strangers TO the courts OF this district,
and even the prisoner himself had found
himself envirored nit, Si,h dliiicslues
ous difficulty was that the odium attach
inc 10 the assassination made witness
unwilling even 70 ALLOW their names 10 be
known to The defense. Approaching all these
difIiculties which embarrassed the defense,
nc Judge Cax) had felt disposed 10 offset
them with an equal latitude and more than
ordinary fsciliiie- in The preparation OF the
case. Evidence ri insanity could not be Of
ferrd in sur-rebutiai W his opinion: proof o.
insanity should be limited % evidcbce-in-
! chief OF the defense snd rebutting evidence
of the prosecution. He. therefor, l1usi
exclude fie evidence 81 Dr. Mcfarland.
The testimony, however. ofthqse witnesses
by v hich the defense expected prove that
the prisoner assefied on The day Of tle A.
ssssfna:ion and on the DAY alter .
motive for his act. the court heldshould bs
alriftri a. sflicnce IN sur-rebufisl.
Brooks. Chief ~ Tie Secifi SER i'e bu.
eco. ras taiict. The uiinct. hIi visited
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