Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-11
THE JURY CHARGED.
ALL GUITEAU'S PRAYERS OVER.
RULED.
Judge Cox Holds TO the Complete
JurisdIctIOn of the COurt-Judge
POrter's ScathIng ArrRIgnment OF
the Assassin-Argumen Before
the Jury to Begin tomorrow.

WASHINGTON, January 10.-The court
room was densely crowded this morning
when Judge Cox made his appearance, the
great msjority being new comers, as was
evident Oy a general movement to catch a
glimpse of the prisoner as he passed before
them on his way to the dock. AS Guiteau
passed his brother he whispered to him,
"Come over to the dock 1 want to see you
about something Of great importance. :"
On taking his seat the prisoner laid
down a large bundle Of papers, and,
spreading out his manuscript, husied
himself In looking it over. Judge Porter
began his argument shortly after 10 o'clock,
and at once fixed the attention of every one
in the court room. Guiteau pretended to
be engrossed in his manuscript, but soon
laid # aside and listened with wrapt
attention. It is believed that Judge
Porter will speak until the hour
OF recess. Nothing like it has been
seen or heard during the past nine
weeks in the Guiteau trial. As Judge Porter
reviewed the conduct of the prisoner and
the conduct on the part Of his counsel Of
his cause in court, the crime in all its
hideOus ugliness was held up to the detes-
tatiOn Of his hearers.
The silence became oppressive, and the
presence Of avengiDg justice in the near
future was suggested with s force Of con-
victiOn that swept from the court room every
vestige of that levitY which has so long
danced attendance upon every utterance of
the prisoner, and, like a veil, Obscured from
the consciousness Of the spectators the hOr-
rors Of his crime and what should be the
solemnity Of its judicial atOnement.
The prisoner WINGED and nervOusly twist
ed in his place, and for several minuTes was
unable to say anything that in any sense
could approach to an interruption.
Gradually the prisoner gained his usual
assurance and resumed his daily habit Of
inteuuDting with contradictions and de-
malls For Once, however, his insutferable i'm
Uudence was completely overawed. Neither
mis- noise nor his abuse could interrupt
or silence the avalanche of condemnation
that swept from the lips Of the
eloquent counsel. "The prisoner is mis-
taken, your Honor" said Judge Porter,
''if be believes by his unseemly bawling he
can prevent my voice from being heard by
the jury. The puppet cannot be moved in
such good time as when he sat with his
counsel, aud by his Outbursts now he is fast
Tightening the hsngman's moose about his
neck"
With a nervous twitching OF the mouth
Guiteau muttered: eve will see about
that"
Heretofore audacious and wholly IN
abashed, the prisoner seemed Ill at ease and
at loss to understand why his wOuld-be
SallIes of wit and impudence wholly failed
with the audience, while the more severe
came the denuncation of counsel the more
frequent and marked were the demonstra-
tiOns Of approval.
Finally, like a wild beast brought to bay,
Guiteau yelled out: 81 staked my life on
the issue and Pm willing to go to the gal
lows tomorrow, If it's the Lords will. Pm
sick Of this bosh. Judge Porter, | wish you
would get your five thousand dollars and go
home"
Judge Porter concluded his mastery srgu-
ment at l1:40 by reading the now famous
letter OF President Garfield to Judge Payne,
in which he cOmpimented and thanked him
for brushing away the network of sOphistries
with which It has of late years been custO-
mary to envelOp the plea Of insanity when
set up in excuse for crime.
Judge Cox at II :45 begun the reading Of
his decision, which begins with lengthy
review of the subject Of jurisdiction.
Judge Cox occupied hfty-6ve minutes in
reading that portion of his decision touch
ing upon the question Of jurisdiction.
He reviewed the progress OF opinion,
and cited all the important rulings
from the early DAYS of the common
law in England, and decided against the
question: Jurisdiction is complete in the
place where the wound is inflicted, con-
sequently this court has full cOgnizance of
the Offense."
Judge Cox next took up the question of
the legal test of insanity, aud decided that
a knowledge and appreciation Of the differ
ence between right and wrong must be
taken as the correct test.
Judge Cox concluded his decision at %
p. m having consumed an hour and forty
minutes with rapid speaking. Upon every
material point his rulings were directly
against the prayers of the defense. The
only grain of comfort for the
prisoner was offered when
Judge Cox reached the question
of reasonable doubt. Upon this subject he
said: Il shall not charge the jury to scquit,
if they find reasonable doubt as to any one
element, but l shall take into consideration
and charge them relative to all the elements
and that, II from all the circumstances and
all the evidence they have reasonable doubt
of the commission by the defendant of the
crime IS charged, then they shall acquit. {"
As Judge Cox finished speaking Guiteau
called out: 81 am perfectly satisfied with
that exposition Cf the law"
After consultation betweer counsel, the
court adjourned till Thursday morning,
when Mr.. Davidge will make the opening
argument to he jury for the prosecution.