Sacramento daily record-union., 1882-01-17
CUITEAU.
Closing Argument for the
Defense.
A LIVELY DIALOGUE IN COURT.
scoville's Speech in Behalf of His
Brother in Law.
A LIVELY DIALOGUE IN COURT.

tsPscIAL BY TKIEeKAPH TO THs aKcoRD-usIoNl
WASHINGTON. January 16th.-As soon as
the Court was formally opened, ScoviIls
announced his address to the jury by
confessing his unfamiliarity with the
modes of practice in criminal cases.
All the defense asked for was q fair,
candid impartial weighing of the evil
dence by fair and candid men. Counsel
would attempt no oratory, because he was
not equal to it, and because he would not do
it If he could. He would address himself
simply to the reason, judgment and intellect
of the jury. Oratory, eloquence and
appeals to the passions he would leave
for counsel who would follow him
Judge Porter; and he desired to warn them
that in the efforts of the learned counsel
Judge Porter-to expound the law or explain
the evidence, he would invariably seek to in
Auence them through their emotions. to touch
their hearts and sway their sympathies,
rather than to convince their judgments.
CONSPIRACY CLAIMED.
S. do not care to complain, although 1
do not think that, as counsel in conducting
this case, have been treated with fairness.
Personally care nothing for it, but when
it injuries the cause in which my efforts are
enlisted. then I must complain. I hold in
my hand an Indictment for conspiracy, which
l have framed in my own mind. The object
~ fO hoy
oner"
Scoville then proceeded to name the con-
spiratcrs-the District Attorney. Judge Por-
ter, MIR. Davidge and five Of the Government
experts. namely, Doctors Gray, Hamilton,
Kempster, Mcdonald and Wooster.
THE INDICTMENT OF THE DEFENsE.
The counts of this Indictment, twenty in
number. are, first They have perverted the
law in this case. Scoville, in illustration or
support of this count, alluded to the intro-
duction, by Judge Porter, of the decision of
Judge Davis. He said that the counsel upon
the other side Indignantly repudiated the
suggestion that Judge Davis sat with Cardoza
or Barnard, but have yet to learn if either
of them ever committed more reprehensi.
BILE act than that of Judge Davis.
Scoville warmed up with the subject and
denounced in severe language the extra.
judicial act of Judge Davidge: Had
newspaper been guilty of such bold. faced
attempt to influence the decision in a pend
ing case, the editor would have been subject
to arrest for contempt"
SPICY DIALOGUE.
Judge Porter-Don't let us turn this Court
room into town meeting.
Scoville resumed, but was soon interrupted
by Davidge, who, with some impatisrce.
said: "Oh, no, no, Scoville; that's not so."
Seoville-You may interrupt as much as
ysu please. / shall not be deferred from
saying what I believe to be the truth.
Davidge-Well, I'll not interrupt again,
say what you may.
Guiteau-That's right, Dayidge, you keep
anything either. Now, give some one else a
show.
Scovills continued: "Whea Judge Por-
ter comes before this jury and undertakes TO
pervert the evidence | shall not keep quiet as
did with Davidge, but shall stop him."
Guiteau-Se shall I.
Scoville-I shall stop him and I shall cor
rect him, if l find he is misstating the evil
dence.
Judge Porter-There will be two Guiteaus
then to attend to me.
THE RESPONSIBILITY QUESTION.
The prosecution state that if the prisoner
knew his act was wrong, on July I'd, then he
should hang. Now, this is not by any means
the whole, or o correct statement of the law.
The Court has added, in substance, as fol-
lows "Yet, if in this act he was overpow.
cred by consciousness coming through his
diseased mind that what be was doing was
necessary for the good of the country, and
was specially approved by God, then you
cannot convict him OF murder"
Continuing, Scoville said that the second
count in the indictment is the perversien of
testimony, and he proceeded to sustain this
count by reading from Davidge's speech and
comparing it with the testimony.
"Oh, that's for money" called out Gui-
teau he is paid for that He doesn't be-
lieve it."
Scoville contepded that the facts were per-
verted, and particularly the evidence as to
the immortality of the prisoner. The only
allegation was that of adultery.
A scANDALoUs CHARGE.
Guiteau shouted out :" How many inno-
cent people are there in this Courtroom ="
and he added: "Not one."
A moment later he called out, ST don't
care to libel Christian people. but I want the
record straight. / say that high-toned
Christian men and women are virtuous, but
the masses of mankind are not, let that go en-
the record.
AS Scoville paused moment. Guiteau
raised laugh by calling out, Pretty good
place to stop, Scoville. It's most half-past
twelve let's have recess"
Recess was then taken.
JUDGE PoRTEB's ILL HEALTH.
Porter stated he would be unable, owing
to the condition of his health, to remain this
Afternoon, but he desired Scovile not to ab-
stain for that reason from saying anything
that he desired to say.
AFTERNOON SESSION.
After recess. Scoville proceeded to point
out to the jury what he termed the perver-
sions of evidence by Davidge.
Judge Porters seat was vacant. while the
District Attorney indicated by his appear
ance that he wished his was also, Scoviile
having iutimated that he desired to criticise
the conduct of the District Attorney, as the
chief partner in this wicked conspiracy, as
alleged by him, to hang the prisoner, but
would not do 60 in his absence, as he was not
in the habit of saying things behind ones
back:
I Colonel Corkhill was sent for by his
brother counsel, and Re reluctantly came into
Court, abandoning the rest be was seeking.
81 haven't" he said, "the slightest inter
est in anything he may say against me.
However, 1 will come in and give him an
opportunity to abuse me"
Scovills dwelt at great length upon what
| Davi6ge deemed immsterial matter, and the
latter remarked upon the disposition of coun-
| sci to consume time neediessly.
| Scoville retorted that he did not propose to
| have matters of fact, which were contained
| in the record, "go before the jury willfully
perverted or enveloped in artificial obscurity. :"