Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-26

away by the argument of Mr.. Davidye. This aryu-
ment, it Is said. settled the case and. had IL
submitted to them at that time the verdict would
have been the same.
1t was suggested that the answer mede by Mr.
Hamn to the suggestion OF Mr. ScovilIe for the Ju-
rors to be allowed to go TO their homes during the
holidays. that they did not wish to be separated.
mad oeen construed by some as an indication that
their minds were made up at that time. The an
swer was they were apprehensive that If they dill
separate some question might BE- raised about it.
To the question whether the jurors had seen any
newspapers during their confinement the answer
was that even had they had opportunity they
were determined from the first not to give any
cause for complaint; that they would do their
whole duty as jurors and that as far as their con-
charge OF irregularity ''In fact, we followed
the instructions given to the letter. said one.
ave have all studiously Oh, ,yed the req urcmants
OF the oath and have decided the case solely on
the evidence and the law as given u.s.
Another juror remarked: For seventy two days
we have been kept together, ami except that we
have been allowed to see members OF our families
In the presence Oh te bailiff, we have heard moth
Ing from the outside world and have done oar
duty, our verdict being nude after full constera
ton and with the approval of our consciences."
Foreman Hamlin said last night that he thought
there had been little or no doubt Ia the minds OF
the jury since the testimony OF Dr.. Young, in
whose opinion the jury placed much reliance. was
given. "We left the courtroom he said, 'aftnr
the judges charge, for the jury-room, and the
Indictment was first read in fu!I So that all the
members of the jury couli remember in full what
we had been trying. We then TOOK an informal
ballot, with the result OF eleven for conviction
guilty as indcted,' but one ballot blank. The
next ballot was taken at once. when the whole
twelve ballots were for the result that had the
honor Of reporting TO the court AMI TO the Amer
iGaa people, that l and my confreres had to stlte
Mr.. Hinane said: 81 want to express nv adj
| miration for NJ. Scoville. He hal thanklesS
task, which, under conception o. duty. he per-
formed in the most noble manner. My heart went
out In sympathy toward him AT times Thought
ne would break down unler his great bur len.
l regard Mr. Reed also us a strong man. His
speech was the speech of the trial
NM mr. nB Bright sid; 81 never thought for moent
jury!"
Jurymen Brawner and Brandenburg each ex-
pressed themselves as having been thoroughly
convinced when the testimony was closed that the
prisoner was sane
Mr.. Prather said: 81 had doubts as to how the
rest were going. We agreed from the Irst not to
express or ask opinions, but had thought to my
self sometimes this or that man will hang the
jury. Twas never more surprised in my life than
when the vote came in as it did at first-eleven to
one. had thought that we might be out two or
three days, although was myself convinced by
the preponderance OF evidence"
MessrS. Langley, Gates. Sheehan and Wormley
gave similar report.
AS the crowd was leaving the court room one of
the jurors exclaimed: "My gracious Let me get
chance to hug my wife, Will you?" and the crowd
recognizing HIN as one OF the Jurors who had been
opened way for him.
Judge COx'S Charge.
CLEAR PRESENTATION OF THE LAW.
Judge Cox's charge delivered to the jury yester-
day, synopsis OF which was printed In the third
edition OF The STAR last evening, was generally
compllmented by lawyers for its clear presenta-
ton Of law, and just consideration Of the facts
the case, applied to the various theories raised
Judge Cox, gave a full explanation of the law
common to all murder cases. and an exhaustive re-
view OF ths , law regarding insanity S During the
frequently taken occ lsion to proclaim that pubic
opinion, as evidenced by the press and correspon.
dence was in his favor Th OSe declarations could
not have been prevented, ex cept by the process OF
gagging the prisoner. Any suggestion that the
jury could be influenced by such Wless gathering
of the prisoner would have seemed to him absurd,
ana he should have felt that he waS insulting the
intelligence OF the jury II he had warned them not
to regard it. Counsel for the prosecution had felt
1t necessary, however, in the final argument TO in
terpose a contradiction to such statements; ami
an exception had been taken Oh the part OF the
accused to the form in which that effort was made.
For the sole purpose OF purglng the record OF any
Objectionable matter he should simply say that
anything which hid been said on either side in
| reference to public excitement or to newspaper
opinion was not to be regarded by the jury
In regard to the law of insanity, he said that a
| defendant was presumed TO be sane, AMI t. have
] been SO at the time the crime was committed. As
| to the question OF reasonable doubt he said all
| that jury could be expected to do was to be
reasonably and morally certain of the facts which
they declared to be their verdict. jury was not
warranted in inferrIng that man Was insane
| from the mere fact OF his committing crime or
from the en0rmity OF the crime, or from the appa-
rent absence OF adequate motive for the crime,
| because the law presumes that there is bad
| Ii nothing else appears.
After discussing the question of insane delusion
Jud &c Cox Sld that the jury would consider, first
whether the evidence fairly represented the feel
ings and ideas that governed the prisoner at the
time OF the shooting no II it did IT represented
acterized in any judicial utterance as an insane
delusiOn. They would consider whether it was
evidence Of insanity, or whether on the contrary.
lection, resulting In the opinion that the Pres-
dent had betrayed his party, and that, If he
and would save the country from the predOmi-
! nance of their political opponents SO far there
was nothing insane in IN Il, the conclusion It had
parttsans who were sane people; ;but the difference
was that the prisoner reached the conclusions
that to put the President out Of the way by assas-
sInatiOn political necessity. When men
reason, the law required them to reason cor
rectly, SO far as their practical duties were con-
Judge Cox went on to say that the question for
the jury was whether on the one hand the idea Of
killing the President first presented itself to the
defendant in the shape of q command or inspira-
ton OF the Deity in tue manner in which insane
delusions OF that sort arose, or whether, on the
other hand, it was conception Of his own, and
whether the thought OF inspiration was not
simply speculation or theory or theoretical con-
cuslon of his own mind. II 1t were the latter, it
was nothing more than one OF the vagaries of
reasoning which he had already characterized as
furnishing no excuse for crime.
In conclusion he said: "And now, gentlemen, to
sum up all have said to you, il you find from the
whole evidence that at the time Of the commission
OF the homicide, the prisoner was laboring under
such defect of his reason that he was incable of
understanding what he was doing, or Of seeing
that it was wrong thing to do-as for example,
II he were under the insane delusion that the AL
mighty had commanded him to do the act-then
he was not in responsible condition OF mind,
but was an object OF compassion, ,and should be
acquitted. Ii, on the other hand, you find that he
was under no insane delusion, but had the posses
sion OF his faculties, and had power to know that
his act wrong; and II, of his own free WILL he
deliberately conceived the idea and executed the
homicide, then whether his motive were person al
vindctveness political animosity, desire to
avenge supposed political wrongs, or a morbid de-
sire for notoriety Or If you are unable to discover
any motive at ALL the act Is simply murder, and it
is your duty to find verdict Of guilty as indicted
Or {after suggestion from Mr.. ScovilIe to that
eect IL you find that the prisoner Is not guilty by
reason Of insanity, it is your duty to say You
will now retire to your room and consider your
verdict"
MRS. GARFIELD's RECEPTION OF THE VERDICT.
A telegram from Cleveland says: The result OF
the Jurys short rleliberation Immediately tel
egraphed to Mrs. Garfield by a friend at Washing
ton. To a caller she said that there was nothing