The Evening critic., 1882-01-10


"Ah! see" quickly rctaliated the Judge,
chow quick the prisoner catches the point,
and by his interruption tries to head it off
and prevent it reaching the Court"
Judge Porter, continuing, said that was
the doctrine claiming to overrule the Nc
Naughten case and set aside the antique
law. 1t was attempted to set up as q fact
of insanity that Gen. Grant, Senator Conk-
ling and President Arthur were TO become
accessories after the fact by indorsing this
crime Senator Conkling was one of the
foremost parliamentarans and statesmen of
the age and too far beyond the prisoner to
even be mentioned. Had President Arthur
stood at the door of that depot when the
assassin started his deadly work, he would
have raised his strong, right arm and
FeIled Him 10 Earth
with one blow. Applause, which the
Court and Marshal found difficult to sup
prcssl. And his desire now is to punish to
the extent Of the law, the man for his
crime.
"The Stalwarts are with me. They are
coming over to my side every day. You
ought to read some of my letters, said
the murderer.
All the authorities hold, said Judge Por-
ter, to the fact that the prisoner must con-
vince the jury beyond reasonable doubt
that he did not know right from wrong
when he committed the act. The new dis
pensation was not to be introduced there
The counsel might clamor, but he trusted
that it would not disturb the learned Judge
in delivering the law to the jury.
He asked no botching of their prayers.
They stood on them, and asked the Court
to say whether they were correct or not.
Those on the other side must not be
botched and so drawn to confuse the jury
and embarrass them in dealing with the
facts under the rules of law. The first four
prayers was an attempt to overrule the
McNaughten case and substitute DIR.
Spitzkas moral and transitory insanity.
They have no authority in court The law
had spoken in no mistaken voice. Five
distinct tribunals had passed upon this
point, and the result could not be misun-
derstood.
This man Guiteau claimed that he was
lief that he was
To Violate Gods Law.
He did not believe that Guiteau any
more believed in God than the two wit
nesses who denied faith in the existence
of the Maker of Mankind. He claimed to
believe i'll the inspiration of the Bible, and
yet he knew that it was written on the
tablets from Sinai "Thou shalt not kill -
and yet he put two bullets in the Presi-
dents back and said he will die, at the
same time regretting that he had not put
in third bullet. He (Guiteaul believed
that God who had guided the President
safely through years of bloody strife, would
leave him unprotected to be logged and
murdered by an assassin. He believed that
he, the imposter,
The Beggar, the SwindEcr, the Adult
terer.
would be selected by God to perform His
bidding.
That was the theory he advanced and he
wished the jury to believe it. Suppose he
was inspired. He was inspired both ways
He was told by the written law that to dc
the act that he did was to do murder, and
in answer to the last question on the wit
ness stand he said personally he did feel
remorse. Suppose he was inspired another
way. Suppose he forgot the teachings o.
the Bible beloved father taught him
! Suppose he forgot them all then comes the
fact that the jury must have the testimony
| of an honest man that he was ff1pired, ant
all the testimony they had was that of tn,
murderer himself.
The law of inspiration which Guiteal
| quoted had no place there. Human Law
was for human governments. When thC
His work He also commissioned Him {,
take the responsibility for it.
The BlasphemOus Wretch.
al will take the responsibility for it,
yelled Guiteau. 81 will go to the gallow
for my work. / am not afraid to, but tn
Almighty is on my side. think you ha'
better shut up and stop"
Judge Porter said that he was incline
to accept the proposition Of the prisoner
but would sug-
Here he turned round and faced MI
and Mrs. ScOville. The latter spoke Oui
but her words could not be caught. He
husband turned to her and had som
trouble to repress her.
The gentleman (Mr. Scoville) had said
Mr.. Porter went on to say, that he cam
from the West, among the owls of Ohio
that State had considerable to do with th
case, and the owls were, also, significant il
this connection. He did not doubt bu
he heard the hOotings foretelling what wa
coming. He closed by reading the lette
of the late President Garfield to Judg
Payne, of Cleveland, Ohio, complimentin
him for the charge delivered in the Gala
tin case.
Mr.. Scoville called the attention of tn
Court to the construction of the wor
malice in the statute, and claimed that
was not used in the legal sense
Judge Cox said that in order of pre-
cedence was the question of jurisdiction
He had expressed wish that the question
should have been raised at the inception O
the trial, for if decided adversely it woul
have rendered unnecessary this long tria
but the counsel were entitled to raise
any time they might deem proper. Hi
Honor then read lengthy and CAREFUL
prepared opinion, citing English an
American authorities to sustain his view
and denied the thirteenth and fourteent
prayers, asserting that the Court had fn
and competent jurisdiction to try the cas-
81 am glad Your Honor denied thos
prayers, spoke out the prisoner, "as
was done without my knowledge or col
sent.
The judge then proceeded to pass upo
the prayers presented by the Government
Judge Cox took up the prayers sefidth
and for reasons stated allowed all the in
portant ones submitted by the prosecution
, The prayers for the defendant disallowc
embraced the following points:
Third. How insanity constitutes q dC
} iense.
, Fifth. Whether insanity exists or III
/ existed at any time with the prisoner WI
5 a fact to be determined by the jury.
. Sixth. Ifthe jury find that the Rrison
Q was of unsound mind it was their dui
5 to find whether said act was the result
: such unsoundness Of mind.
Seventh, The punishment of the law a
intended for rational persons, and none b
1 a rational person can commit murder.
: Eighth. Insanity may be interposed as
a legal defense in any prosecution for