Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-10
THE FARCE NEAR AN END.
ALMOST READY FOR THE JUDGES
CHARGE.
ScOVIlIP, Davidge and COTkiIl Con-
eIude Their uItesu
as Cheeky as EYer-ClsImIDg 10
Have Donations from the stall
warts.

WASHINGTON, January 9.-When the
court opened its ninth week OF the Guiteau
trial this morning, the crowd filed every
nook and Granny Of the chilly room, and
the ladies were decidedly in the msjority.
The prisoner arrived at the court house
about half past nine O'Clock, and was taken
to his waitiDg-room. He appeared rather
nervous, and his countenance indicated
anxiety. When he had taken his seat in the
dock he glanced around stealthily over the
audience, and Immediately began a ha-
rangue, evidently intended for the Jury.
q have received" +" he said, "some eight
hundred letters, the great majority Of them
rom ladies. When l get time I shall attend
to them. ! want TO send my gre tings to the
ladies OF America and thank them for their
sympathy They don't want me to be
hanged. Public opinion is fast changing.
l received on Saturday a check for 81 600
from the stalwsrts Of Brooklyn, and another
for $500 from tue stslwarts Of New York.
/ want this Jury to understand how public
opinion Is on this case.h
a bsil.ff here tried to silence him, when
he turned upon him in the most vicious
manner and snarled Ou-: 'You keep quiet
and mind your own business. Don't inter
ere with me when I am talking. II you
had any sense you would understand your
place" With this opening bref re the pro-
ceediugs in due form were begun, and Mr..
Sccyille resumed his argument.
Mr. ScOviile proceeded without Interrupt
tiOn for an hour, and his remarks were lis
tened to with marked attention. He laid
stress upon the propositions that
insane men often know the differ
ence between right and wrong,
and, for that reason, conceal
their plans, and that the benefit Of
the doubt should attach TO the plea of in
sanity when raised, with the same force as
when urged in connection with the commits
sion of crime.
Mr.. ScOville concluded his argument at
y O'Clock, and in conclusion desired to
make g few remarks Of a personal char
scter. Abiding to his controversies with
Judge Porter, he disclaimed any intention
OF trausgressing the bounds Of propriety or
the rules of practice. But be should criti-
c'Ze the cOuduct Of counsel when It 1erited
criticism, and the threats Of the prosecution
would not inrImid8te him. Citing the Gus
tOm Of counsel upon the other side OF bow
ing to the jury upon entering, Mr. Scoville
said: Sometimes it is three bows all around,
sometimes more, never less than three. It
has never been done BY counsel upon this
side, and l 90 not hesitate TO crticise the
prOprietY of it."
Judge POrter-'The gentleman is simply
instancng bis lack Of politeness. II he has
no apology to offer, l shall certainly not
apologize for him"
A recess was then taken. After the re-
cess Colonel COrkhill stated that he had
not expected TO speak on the legal points to-
dsv UpOn the assurance Of the defense that
the question Of jurisdiction would not be
raised, but rs two prayers Of the defense
distinctly m9de that issue he felt
T. his duty as prosecuting
officer OF the government to
sddress the court upon a question to which
he had devoted much careful considers alton.
He then proceeded to read from printed
slips an exhaustive argument upon the sub
iecs Of jurisdiction. The argument Of the
District Attorr ey occupied one hour.
Mr. D4vidge then addressed the court
upon the general proposition contained in
the prayers. Il dom deem it necessary"
he began, "to advert to the question Of
jurisdiction at this time.n
"A very wise deci=ior," piped in the
prisoner.
Mr. Dayiige then discussed the question
Of malice, which, he said, in its legal sense
meant the intentional doing OF s wrongful
act and not as the defense seemed TO claim.
In this respect he thought they had fallen
into a grave error. Mr.. Davidge ci-cussed
s-ria. Im the prayers OF the @efense,
and inconsistencies. "The object
OF the prosecution" he said, ISIS to
OBTAIN from your Honor a plain, clea- and
direct ruling upon four distict roDosition
The apparent object Of the defense has
been to befOg sll that msy be clear in this
case, in the vain hope that they may get it
10 the Jury with some uncertainty attached
in some way upon which to build up plea
for scquittal. Why, your Honor, in the
course of thirty years practice have never
seen such prayer as this one offered by the
defense. 1t has no justification; 1t has no
excuse. We don't wsnt Ohscurity in this
matter We want light We don't mean
TO let this prisoner escape in a cloud, but we
want from your Honor q clear and per
spicuous ruling, so that the twelve average
men sitting upon the jury cannot possibly
20 as'rsv." Mr.. Davidge severely handled
the eleventh and twelveth prayers Of the
feuse, and characterized them as mean
attempts TO csst aspersiOns upon the ex-
perts who had tes'ifi d fer the prosecu-
ton. ard upon counsel for the prosecution
themselves.
The prisoner followed the argument with
the closest attention and INDUCED In fire.
quent aud noisy comments.
Mr. Dsvidge concluded his argument at
five minutes to O'Clock. The court then
adjourned It'll tomorrow morning. Judge
Porter will make thr concluding argument
Immediately after the opening of court,
after which Judge Cox will render his de-
cisiOD.