The Indianapolis leader. (Indianapolis, Ind.) 1879-1890, 1882-01-07
ITO the Associated Press.
The Proceedings i'm Full.


promised the Marshal would keep quiet to-day
so Will try ana do So"
Having subscribed to the affidavit Scoville reac
It, IL set forth that the aiant is sole counsel fo
the prisoner; that the prisoner has been in such
state of mind that he has been unable 10 render
any assistance suggest the names of any wit
nesses and that affiant has since the closing o
the case learned tine names OF certain witness es
who can testify To material facts for the defense
After giving the names of the wines es, al
briefly stating what he expected To prove, Scovllt
moved tnat he be allowed to Introduce this new
evidence.
Judge Cox inquired If the counsel desired to be
heard upon the motion.
Colonel Corkhill-I hardly think anything need
be Said.
scoville then amended his affidavit by inserting
that DR.. Mcfarland would testify that in his opin
ion lhe prisoner Is now insane
After he had >ubscri0ed TO the amended afida-
Wit Colonel Reed addressed the Court In favor oi
the motion lie was aware that the matter was
entirely within the discretion of the Court Ii
was not, however, without precedent, and that
too in the United states Court. He then cited
cases where evidence was admitted even after the
argument To the Jury hao begun. He felt assured
that The American people would not oegrudge
prisoner aud in the name of justice and fair
trial. He then paid glowing tribute 20 Scoville,
who had defended this poor creature alone and
unaided without money and without encourage
ment from source.
Mr. Davidge replied 1T some length aud denied
that any precedent existed for reOpening the case
simply to introduce accumulatiye evidence, par
ticularly in the case of DR.. Mcfarland. lie be-
lieved it would be a scandal To admit the testi-
,sony of a man SO reckless as To form an opinion
and be willing To swear merely from reading the
newspapers.
Mr. Scovllle replied AT great length and detailed
the hardship and difficulties under which the de-
fense had labored III the preparation of their
Ii was almost impossible 10 get witnesses 10 come
here. The experts for me defense were compelled
10 be satisfied with % per diem. the regular
witness fee. while the experts for sthe Govern
ment came here lit is supposed leaving grave
trusts behind them. remaining for six weeks.
and -spn nf fhap m MIA 10
evidence that they expected full pay for their
services, and all knew what that meant. And
these experts" said Mr. seoville; ARE sui wait
ing here to see the results of their evidence In
hanging this prisoner But fortunately for the
cause of justice, Your Honor aud this Jury stand
between him and the gallOws."
COlOl.el COrkhill could not. at this stage, allow
the remarks OF the counsel to go unanswered. He
said yesterday, and would repeat TO day, he
would not object To the introduction OF any new
fact material u the defense; the only objection
To be made by the prosecution mad teen ALREADY
mentioned by Davidge. There had never been a
trial iii this District wnere much liDeraity has
been shown by the Government.
Guiteau insisted upon being heard.
The bailitf tried 10 silence him, but was met by
an angry LET me alo Z. or will slap you in the
mouth" Guiteau then called out, Your Honor,
all want is to show that told these men, on the
way to Jail, that it the political situation and
sure of inspiration that caused me TO remove
the President"
Judge Cox said the counsel for the defense
came here stranger to the Courts of the District
self envirOned with difficulties from the outset.
The most serious difficulty was, that the Odium
attaching to the assassinatioi made the witnesses
unwilling To even allow their names To be known
to the defense. Appreciating all these difficulties
which embarrassed the oelense he Judge Cox.
had felt disposed To offset with equal latitude aud
more than ordinary facilities Ii the preparation
Of their case The evidence Of insanity could
not be offered in surreDuttal. In his opinion,
proof of insanity should be limited To evidence
In chief of the defense and rebutting evidence of
the prosecution. He therefore. mus exclude the
evidence of Dr. Mcfarland. The test moiN how
ever OF those witnesses by which the defense eX
pected to prove that the prisoner asserted upon
the day of assas ina'iOD and upon the day after,
the motive for the act. the Court held should be
admitted as evidene, iii surTebu tai.
Scovllle tnen called DR. Beard, OF New York.
who was sworn OBI -ction was made e his testi-
mOny. and the objection sustained by the Court
SEQ lille stated that he intended to prove BY The
witness aud ot.d an exception TO the ruling OF
the Court. The next witisess called was j. j.
Brooks, Chief of the Treasury secret Service. The
after the shooting. "Guiteau was in bed at the
time. He arose in great anger ana exc tement.
said the witness. ''and wanted t. know what
meant by disturbing his rest and quiet at that
hour of the night. | said 1t lily became him. a
murderer. To speak in that ma ner; that he had
disturbed the rest aud quiet of the whole
Nation. He came back at me that he
was a Christian and agentlemaD; that his
mind was made up; that he had be Ia
moved to do 1t as political neces NY aud That II
for the good of the country" The witness
continued: Il told him | was n Republican and
Stalwart and he replied. Tnen you a appreciate
why | did it The witness detailed at some
length his conversation at that time
He said to the prisoner, If you had taken
your duty into consideration, you could not have
done such an act" The prisoner replied he had
thought over the matter, and prayed over IL SIX
weeks, and the mo he prayed the more he be-
came convinced the President must go, and IL
was his duty tO remove him.
Notwithstau ding his promise in the morning,
Guileau continued 20 interrupt and became ln-
volved in an alteration with one OF the ballfs
who tried to silence him. III slap you in
the mouth" he frequently snarled at him. but
made no demonstration 10 carry the threat into
execution. At another time he said You are
nothing but miserable underliBg, while speak
to millions OF people wheR talk
When Judge Cox fnished his remarks upon
Scoville's motion. Guiteau insisted upon the ex-
cision, Judge That is all ! want to get before
the Jury. what aid at the time relative To the
causes that impelled me upon the President
AS for the rest, don't care snap. would not
give fifty cents bushel for this expert testimony.
III had money enough could get fifty OF the
best experts in the country to swear that am as
crazy as "A loon: that's just how much that KIND of
testimony is worth"
Scoville introduced letter written by the pris-
Ontr's father in which he expressed the opinion
that the prisoner was insane.
Guiteau called out. sneeringly, WAS the object
in reading that letter TO show that my 1atner was
a crank, or l am? You are the biggest jackass
ScOvile ever saw. If you can't learn any sense
L shall have to rebuke you in public.
Davidge, on behalf of the prosecution, then re-
quested the defense to make known the law
points or which they desired the ruling Oh the
Court
Scoville said he would like a little time for the
proper preparation OF this point of the case;
Davidge said the prosecution had already pre-
pared their statement of the law points upon
which they would rely, and he would be pleased
to give the defense the benefit of them. He then
J. The IS gal test of responsibility, where insan
ty is set up as defense for the alleged crime. Is
whether the accused, at the time of committing
fh. aefa all q
| ana wrong in respect TO such act. Hence, In tns
| present case ii the accused, at the time OF com
| nittfng the act charged knew the dlfference oe
tween right and wrong In respect OF such act. tina
| is, If he knew what he was doing. and that wha
he was doing was contrary to the Jaw OF the land
| he Is responsible"
Guiteau-I didn't, because my free agency wa
destroyed.
?. IF the accused knew what he was doiHg
and that what he was doing was contrar!
| 10 the law of the land, it consti
| tutes no defense, even If il were true
that when he committed the act he really believed
| he was thereby producing public benefit or car
| rying out an Inspiration of Divine origin or ap
| proval. Such belief would not afford any excuse
nor would such an excuse be afforded by the lac
that in the commission of the act he was impelle'
! by depraved moral sense whether innate or ac
quired, or by evil passion or indifference 10 mora
Obil alfon."
3. "ln insanity, would it, however, constitute
defense if, by reason OF diseased braln, tn
accused, at the time OF committing the sc
he did know il. that what he was doing was con
| traIy to law?'
Gniteau-I had no choice In the matter.
| A. THE only evidence in the present cas-
| tending 10 show an irresistible impulse to comml
| the homicide is the claim of the accused that hi
free agency was DESTROYED by his alleged conyit
| ton that the death of the President was require
for the good of the American people and was q
| vinely inspired; but such conviction. even II
really existed, couldn't afford any excuse whe