The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-13
Associated Press Reports TO the Dispatch.l
CALL FOR BONDS.
The Guifeau Trial.
MR. nAYInGE'S SPEECH.

WASHINGTON, January 12.-The audience
which assembled in the courtroom this
morning to listen 20 the opening argument
to the Jury i'm the Guiteau case was a large
and intelligent one, which, entering the
room ut an early hour, waited patiently the
arrival Of the Court, counsel, and prisoner
The Marshal gave the spectators due no.
tice that no one would be permitted to
/ leave until the hour for recess, and for the
purpose Of emphasizing his remarks he
ordered that the main door should be
| locked.
At 10 O'Clock sharp the Jury entered, and
few moments later the court was called to
order. Mr.. Davidgc then took a position
/ in front OF the jury, and opened his argu-
ment with disclaimer of any intention to
make a set speech, but expressed his single
desire to render the jury what aid he could
/ in their present and solemn duty. The
time had now come in this trial when the
/ iurv were to become factors. Whatever
/ disorder or lcvity might have characterized
the trial, there was but one sentiment in
respect OF the conduct of the jury. All
commended their dignifed department
and close and patient attention to the
evidence. and he could not doubt
that. as they had received the common
dation Of all in the past, they would
continue to deserve it in the future by their
decision of the question before them.
There is here, gentlemen, he continued,
but r simple point for discussion and con-
sideration-the subject OF insanity. The
/ Court win tell YOU that in this land OF law
il i not allowable for man coldly and de-
! liberately aud treacherously to STAY another
and then to say he had no malice. The
Court will tell YOU, when it comes to charge
Won. that TO constitute the crime OF murder
the existence of malice is wholly unne-
cessarv, and that, indeed, crime commit
ted is infinitely worse in the absence
OF that element than il ii was pre-
sent. In the beginning OF the trial
las YOU will all recollecD an Intellectual at
TEMPT was made in the direction OF show
inc that the death of the President was at
tributed TO the malpractice OF the surgeons
who attended him with so much fidelity
and ability; that the attempt was short
lived. however, and was very speedily
abandoned, so that here IL now but SIN
ole question for you to determine, and that
Is the question OF insanity. In the pro-
press OF the trial very many vague ana
general expressions have clept into the
case. We have heard OF crazy men,
Of men off their balance, OF insane men,
and hence it was necessary TO apply 70 the
Court forh clear and perspicuous definition
as TO what is insanity in legal sense. The
medical experts have defined insanity from
the standpoint OF medicine, and 1t was ne
cessaIy TO have it defined from the stand
point OF law. Even If man be dehcient
in intelligence, it does not follow That ne
shall be permitted to commit murder WIN
immunity. IL takes one degree OF hleil-
oence for man TO make ontlact, announcer
to make a will, and another to do any other
act but when you come 10 crline' sucIi
crime as we have here, murder, muir
der most foulv and unnatural, law requires
very slight degree OF intelligence indeeu'
II was, gentlemen, in order 10 make ,le
question perfectly clear, and to aDrIdge
/ your labors so far as 10 prevent your peIhs
J led astray by the introduction OF irrelevant
matter that the prosecution asked the Court
to state successfully what constitutes nance
and insanity in legal intent. The Court
has spoken, and it has not spoken III any
vain or ambiguous language. IL mas iiiu
down two instructions for your guidance,
which viii now read.
Here Mr.. Davidge read Judge CoX's III
structions Nos. and 2.
In commenting on the first ana seconu
instructions Mr.. Davidge said: Z" That Is,
gentlemen Of the jury, II any human beng
has any degree OF intelligence whicb en-
ables him TO understand the act he Is DONG,
and II he has sense enough TO know, ana
/ does know, that that act Is in violation OF
the law Of the land or wrong, then no
frenzy, no passion, will afford any excuse
whatever; then no disease Of his moral
nature VIII constitute any excuse what
ever"
Then no belief, however profound, though
a man through reason and reflection may
reach the conclusion that the act is the sug-
gestion OF and commanded by Almighty
God, will afford any excuse whatever Tor
the preparation OF the crime. His sole