New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-08
deciSon,D He kept up a


case until Mr. Dayldge who had several times tired
TO beginto read decision by Justice Curtis. of the
limited States Supreme Court lowered his book III
depair Fixing his dark eyes full Justice Cox ana
speaking with greatearnesness he said has oeeh
contcnded that this man is an imbeCile. Now listen
10 him What farce has been enacted here these
many weeks He knows the law We are trying
]awyer-a man who. venture to say, KNOWS 'ho
law as well rs any lawyer in the courtroom
Guiteau broke in again. q" don't pretend 10 DC
any more insane than you TranSitory mania Is
all ] claim" and he ran on In this way un'h
Jrdoe Porters patience was exhausted. "lour
dIoporr said ne bitterly "has heard the prisoner
1ons enough Task your Honor now to hear the late
Justice Curtis Of tue Supreme Court of the United
States"
Guitcau worked himself up into a rage here.
"God will curse you prosecuting men" Sald me-
"vou are trying to get little lucre." From tDIS
point o.. his interruptions were constant aud annoy
ing.
Mr.. Davidge occupied tic whole of the
o,ornip, session At the afternoon session
the day having grown much brighter ana warmer
the iury were absent which fact furnished Mr. SEQ
willie with the text for some OF his peculiar remarks.
Mr. Reed first addressed the Court upon two of the
issues raised by the defence The first of these was
that the statute under which Guieau is tried sets
up malice rs part of the act. While concedlng
that the law presupposed malice in deliberate at
tack with deadly weapon, Mr.. Reed argued that
the question whether there was malice must De
left to the Jury intimating that the defense would
claim that there had been malice Ia the act. Inc
second point was that the prisoner must have the
benefit Of a reasonable doubt" of insanity. Mr..
Reed read number of citations from
State courts and from the
District of Columbia. Mr.. Scovillc, at the
beguuing of his remarks, called attention 10 the
fact that the jury were not present although they
had heard Mr.. Davidge's argument in the morning
and managed III some way to convey an inslnuaton
vaguely connecting the prosecution with their alb
sence Mr. Davidge resented this as unworthy o. q
counsellor at law, and Judge Porter denounced 1t
indignantly.
Mr.. Scoville's argument was to the general
effect that courts should not always be bound
and were not always bound by precedent The law
changed in accordance with an enlightened pubic
opinion. lie said neither the English nor the amer
lean Coarts would now abide hy the rules M Nc
Naughtcus case and read from the tourteeuth CoXs
Criminal Trials the case of the Queen VS. DAVIS de-
ciGed last April. in which the Court hela that tie
Jury must be satisfied that the prisoner Is thor
oughly RESPONSIBLE The case was one where
drunkenness was held not 10 be an excuse
for crime, but delTium tremens was hello To De an
excuse. In the course OF his remarks, MI ScoVllIe
referred to the law laid down by the prosecution as
"'ueiug as Anticipated Is Judge PoTtcTs style OF
oratory" Good point sang out Gmteau, In hls
briskest and most cheerful manner inns was the
extent OF tho APPROPRIATION MI StoNl = I'''iN''i'
Justice Cox showed great familiarity with thejaW
cited Oh both sides and has evidently gwen the sub
ject very C9lcipI study
THE FULL REPORT OF PROCEEDINGS.
WASHINGTON. Jan. Tn expectation o.
the opening OF the arguments IN the GueHu case ths
morning, larger number OF 50 ctators Than
usual demanded adnittauce TO the courtroom. MANY
were disappointed hoveveri for long before loocock
every seat was occupied and the spectators mpatcnty
awaited the assembling IF the Court Messrs. Reed and
Scovile were early their desk IN consultation but the
Government counsel were somewhat ardy in entering
The jude himself was late When the prisoner was
conducted to the dock Nil Reed stepped over to talk to
him and on animated conoquy clsuct emphasized ~ the
prisoner with blows OF his fist upon tie dock rail-
The Judge suggested that there was no necessity for
keeping the jury in court to-day, and this suggestion
being acauiested IN by the counsel on both sides, the
Jury was given leave 10 retire. Through the foreman,
however the Jury expressed the desire 10 remain
The judge then stated that he ready TO hear argu
neats ne 70 tie prayers the part OF the prosecution
and defence
Nj. hayidse proceeded 20 open the argument on the
part of the prosecution lie recalled the fact thai ON
"Wednesday las, ne hal submitted 20 the Court four
simple r OF prayers for instruction 10 the jury The
FIRST OF those prayc asked his Honor &C. declare that the
test Of -prusblity IN respect Of human Intelligence
Is tho power TO distinguish between right and wrong
The next prayer declared that any human being pos
sesed Of that degree Intelligence commits crime, he
l. responsible for It; ia other words. that the
degree intelligence makes him responsible Tor the con
tro Of Ills OWL moral nature his passions ms emotions
ms intellectual nature MS beliefs whatever they may
he II the third prayer 10 asked ll~ Honor TO define
1ust what cal insanity that IS the product Of
diseased mind And in the last Of these instructions
he asked Court 10 lay down for the guidance OF The
iurI what law in respect OF what Is called aeIuslou
IN the present the only irresistible impulse was
the socacd Inspiration. In his last prayer lie asked
the Court t. say that, Il the inspiration product Of
tle man. dcpraved and wicked nature ii afforded no
shadow = excuse ana that 10 be an excuse, 1t must Pee
fhA product ~ an insane Ccnson In order TO shut the
door upon controversy in respect Of thOso prayers he
proposed % read them again.
Mr. Davdg then proceeded 20 read the prayers Of the
prosecute W. stating the first had for its
port simply find what IN the law the standard
of respor sbty ia respect OF human intelligence II did
not deal with Irresistible impulses II simply undertook
10 define where In the infinite gradatOus OF humanin-
4eihgerce tho law drew the line OF responsibility,
holding all above that line responsble all below ire
sporsibe The whole import Of the second prayer
that any human being whose Intelligence reached the
standard described the first prayer responsible
for the violation Of law, matter what his helef was,
no matter what his passions were, no matter
what his Difference 10 duty was. The ehect
Of mi, PRAYER was to stamp the modern
doctrine ca led the doctrine Of moral insanity IN
known iu courts OF law and uurecoguled by them The
law recognized uo disease OF moral nature iRdep end
ent Of disease % tie brain In the third PRAYER the
1,rosec.on s-Aed the Court To define Just what insanity
was as defense, from the standpoint OF law Inc pHT
post' ~ 'i,rence indraied I'm the first PRAYER was
bound 70 know what ugbt ana the conVlcupn OF
insuiration afforded no tho commission Of
He dld not anticipate any serious controversy in re-
spect " those prayers He had however read IN the
nspers OF yesterday large number Of counteiqayefs
intended be offered for the defense 20 ar as he ad
been able TO examine those prayers thtlt tghdghcys
far they mluge or the rules OF ia" alt Gown Oi inc
prosecuti0n-was simply to produce confusion and
obseuIity. II what they meant was clearly eAhiD'tI
by what they appeared 10 s'iN theie was ma Is ~