Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-17
THE GREAT MURDER TRIAL.
GUITEAU'S OPENING SPEECH.
Mr.. scovlLLE's ARGUMENT CONTINUED.
SHARP CRITICISM OF GOVERNMENT COUNSEL.

| D1A1r UHllUlDM Vi GUV VhkWMtNl UUUNNhL
| There was no diminution In the attendance al
| the trial this morning, despite the very disagree
able weather outside. MI. Scoville was on hand
early, ready to resume his talk to the jury. When
the court opened Guiteau appeared In the dock
| with manuscript In his hand. There was some
delay, due to the nOn-arrival OF the prosecuting
officers When the district attorney came in he
was accompanied by Mr.. Lawrence Barrett, the
| tragedian.
Mr.. Scoville was about to begin talking, when
| Guiteau said, holding up his manuscript: d" Hadn't
better deliver thisx.Mr. Scoville? ?"
| Mr. scoYlle, turning to the court, said that the
| prisoner Mad statement to make which he did
| not think was Objectionable.
The court said that he would consider the pris-
0ner'S request.
The Prisoners Speech.
| The court having consented to his making the
| speech, Guiteau delivered the following, with an
attempt at pompous declamation:
"1f your honor please, desire to say word about
delivering my speech. 1 intend no disrespect to
this honorable court. 1 desire no controversy
| with this honorable court In general am salts
ned ed with the law as proposed by your honor, but
have suggested a still broader view, which | ask
your honor to follow, to wit: That il the jury be-
leve that believed it was right for me to remove
sn to n had special ae m
it by the Deity, they will acquit on the
ground OF Of transit9ry mania. sickles, Nc
ground OF trans'tory mania. In my speech, pub
lShed In all the leading American papers yeSter-
day, and which l presume your honor has read, 1
gave my reasons for asking your honor so to
charge. Mr.. Reed made brilliant and lawyer
Ike plea for the defence, and Mr.. scoville is max
Ing a strong argument for his theory But neither
Mr. Scoylle nor Mr. Reed represent me in this de-
1ence ! am here as my own counsel, and, as
seaef at the ne opening Of the case no one can rep
my inspiration in removing the President.
and / have set it forth to my
yeseday and ask gou IN hp Of
justice, in the name OF the American judicia ~ ,
ana In the name oj the American people, to allow
my life may be at stake. II a man on that Jury
has doubt as to his duty In acquitting me, my
speech viii probably settle him in my favor, and
therefore, in the interest of justice it is of the
greatest importance that they hear me in my de-
fence. Your honor can decide the matter il you
nave any doubt as to your duty"
MIR. ScOville Resumes his Argument.
SHARP CRITICISM OF DISTRICT ATTORNEY CoRKHILL
MI. Scoville then resumed his speech, beginning
with severe criticism Of Mr.. Corkhill. whom he
accused OF having been unfaithful to his oath OF
Office In the measures he had taken regarding the
prisoner after the shooting. He said it was the
duty or the district attorney 10 have determined
Immediately after the shooting the mental condi-
ton OF the prisoner; that instead he had sent DR..
Gray to the jail four months afterwards to deter
mine the mental condition OF the prisoner at that
time. 1t made no difference then whether the
prisoner was sane or not. He referred to what
he called undue sympathy and pOliteness extended
by the prosecution to the jury. He thought it
would be unbncoming On counsel to wait every
time until the jury was seatea, that they could
come into court bowling and ScrapiIg. He said
such practice more properly belonged to the police
court than TO such a dignitie6 tribunal as this.
REFERRING TO X. SPITZKA,
Mr.. Scovilie said he WAS not an old man. It was
true, but his whole soul In his profession. Dr.
Sp1tZka, he said. had come here as an unwilling
witness; he had answered questions promptly,
and, unlike DrS. Mcdonald, Gray and Kempster,
the prosecution had attempted to bclittIe this
man, and had kept up the attempt down to the
Davidge had misrepresenfed DIR. Spitzkas testi-
m0ny, and to set the matter right he read long
extract from Dr. SpitzSa's testimony, and then an
difference Counsel had not fairly or in manly
way attacked his theory or his evidence, but had
attempted by rdcule to belittle which also was
unworthy OF this court
REFERRING TO DIR. KEENAN,,
Mr.. Scoville said that gentleman had made no at
tempt to conceal anything. He did not think that
counsel could find any fault with any of his state
ments, except remark he had dropped, that he
believed that five people out OF every twenty-five
had some elements of insanity. When they came
to mental operations, where were they to draw
the line between what is sane and what is insane?
According to the definition OF the government eX-
pertS, Mr.. ScOvlle said, the apparition of the
devil, seen by Martin Luther was an insane hallu-
cination,
AND MARTIN LUTHER WAS INSANE
In a case like this where the difficulties in the
way OF securing evidence were almost insurmount-
able, he asked if it was consistent with the pro-
teStationS of fair play made by the government
when the defence desired to call Mr. McEIgresh
that they should object. He wanted to hear no
more from the counsel for the prosecution about
their disposition to give this fair trial. un-
I'll these things were Substantially explained.
IRON RULES OF THE LAWS OF EVIDENCE.
What objection WAS there, Mr.. Scoville asked, If
the prosecution desired fair trial. to let Dr.
Mcfarland and Mr.. Mills testify. He said the
prosecution insisted upon the ton rule of the laws
OF evldence-an iron rule OF Law which sometimes
defeated the ends of justice.
Mr.. Reed here suggested from his seat that the
prosecution had also objected to the admission of
the photographs OF the prisoner taken after the
Mr.. Davldge asked whether the case was to be
argued On what was in the testimony or what was
not in.
Mr.. Scoville said he proposed to argue it in his
own way, and II the counsel objected he would
MIR. Davldge said he did not think it OF sufficient
Importance to enter an objection.
Mr.. Scoyille continued, and, after referring to
dence. spoke OF DR.. Beard, who, he said, by the
nature OF his studies and practice was better quail
ned to pass on insane cases than the superintend
anime DR.: Beard merely on the hypothetical ques-
ton OF the government, upon which the defence
had had no opportunity to examine any witness
They could not in advance put the governments
hypothetical question to any witness, and when he
desired to ask the opinion OF a single witness on
the question, the prosecution, despite their pro-
testat1ons OF fairness, refused the privilege.
Mr. ScOvflle, calling attention to the letter intro
duced in evidence written by the prisoner to the
district attorney, and delivered by as Mr.. Scoville
said, "the Spy Reynolds" said he
BELIEVED THE LETTER WAS Mu11LATEp
after 1t was received, and the jury had right to
believe so, unless the matter satisfactorily ex-
planned. That was another item to sustain the
charge of conspiracy to hang the prisoner.
THE OBJECT OF SENDING REYNOLDS TO THE JAZZ.
Mr.. Scoville said, was unquestionably to get some
evidence that might be used against the prisoner.
He said Reynolds act was Just as reprehensible,
whatever was the Importance OF the evidence he
elected. Fortunately there was nothing what
ever arising from this Interview with Rey-
nolds in the Jail that the defence desire to take
back; there was nothing in his testimony that
tended to the conviction OF the prisoner
REVIEW OF REYNOLDS TESTIMONY.
Although Reynolds said he had gone to the jail
to learn whether the prisoner had any confede-
rates, still the memoranda OF the interviews which
Reynolds produced had not word in them upon