National Republican. (Washington City (D.C.)) 1872-1888, 1882-05-12
louise then (at I.S5) adjourned.
THE GUlTEAU CASE.
The District Attorneys Argument Against
the Bill OF Exceptions

The hearing of the Guiteau appeal case was
resumed yesterday morning in the Court in Banc
Mr.. Reed opened the proceedings by citing the
case of John Wilkes to show that judges should
sustain technicnlities. In that case Lord Mansfield
held II was the duty OF the court 10 sustain tech
nical forms, notwithstanding popular camor.
"You mean to say" said Judge Cartier that the
court held that the mob should not try tho case {"
"Yes sir" said Mr.. Reed.
"Thats sound law remarked Judge Cartier.
ARGUMENTS ron THE GOVERNMENT.
The Distrlct.Attorney then opened the case for
the Government. He referred to the long time
the trial had occupied and the importance OF It,
and that the only question now before the court
was whether Guiteau was accorded all the rights
which are guaranteed By the Constitution and the
laws OF the United States to every person accused
of crime. He gave a brief but graphic account
Of the last hours of President Garfield and said
that because President Garfield was not allowed
to remain here TO die the assassin who committed
the murder was out of the jurisdiction OF the
court, that to make the crime complete the fatal
stroke and death must both take place in the same
jurisdiction. If this claim he well founded 1t is
herted from system of law, wise in its day, and
adapted TO the condition of society as 1t then ex-
st,d but utterly inapplicable to our present sys-
specting juries and jurisdiction we're then dis.
cussed 9t some length ey me District Attorney,
who snid he was glad that this question was pre-.
DECIDED FOR ALL TINE TO COME,
and said: There will not be q court in this
country, unless controlled by some local statute
that win not hold that where the mortal wound is
given the ohensc-the cime-is committed, and
If the victim die within year aud day the juris-
dicion to try the criminal for murder will be
| which is merely result of the crime occurs And
| leave this point without further discussion %
| The exceptions were then taken up aud dealt
with In their order, aud authorities cited in sup
| port of the position taken. He held that II was
| not incumbent on the part Of the prosecution 10
prove the sanity Uf the prisoner as 1t was u legal
presumption that the prisoner was in Ills right
! mind. Referring to the other exceptions lie held
that the testimony t,ndng 10 sh,w that the
| defendant WAS u IersOn Of Indifferent moral
character and regardless of social obligations was
admissible for the purpose of showing his moral
character In connection with his mental and
| the testimony of expert witnesses objected 10 was
competent, and If the admission OF evidence re.
gdrding Newspaper, opinion on either side was al
| error II was remcdivd by the express Injunction OF
| the court to the jury that nothing that had been
said on that subject by either side should be re.
garded by them, Coming down 10 the question OF
| whether the testimony of Mrs. Dunmire was nd.
missiblc, he said under The statutes of the Dis.
trict even confidential Communications could be
testified 70 by vile, providing she did not clair
for them the sanctity of such confidence aud ask
the protection OF tie law, and that the domain Oi
confidential communication was not invaded IN
her examination. Afer replying to Mr.. Reeds
remarks Oh the subject of experts and saying that
IN trial Of this magnitude errors were liable &c
creep In, and drawing attention 10 the soundness
of Judge CoX's charge,
HE CLOSED AS FOLLOWS:
eve are drifting away from the immediate
scenes ofthis cyeutlul trial probably no Judge evo
presided ut II trial VIII, SO conduct was more Sc.
veley criticised i'll this country or in Europe thar
that Of your associate, Mr.. Justice Cox. / do no
| feel that am trcsspussing upon my official dutN
| when leave II upon the record in my closing re,
marks III this cusc, that whatever may have beer
said in the tempest Of the timo, when The excite.
| mVnt growing out of the conduct ,f the prisOne
was the OcCnsion Of popular indignation, that Ia,
| final result has fully yindicaled the calm, heroic
patient, lawyer-likc judicial department of III,
| presiding Judge, and, whatever criticisms may b,
| made upon the COuLsel for the Government OF tn,
defense during the progress Of tho trial, am con
| ndout the profession of this country and Europ,
| will iudorse Mr. Wharton when he says that ther,
| was u heroism in Judge COX's management of III,
case which should mark an era in judicial his
| tory This much desire 10 say, and, thanking
the court Tor s attention, submit the case for III
| final decision"