Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-02-05

WASHINGTON, Feb. As soon as Judge
Cox entered the court room and the court wa:
formally opened the prisoner took his place il
the dock and did not repeat the request Of
Yesterday to be allowed to sit at counseIs
table.
Scoville stated that he wished to say since
the adjournment of court he had been in
formed that Curtis who made an affidavit rel
alive to the Critic matter was not the bailif
in charge of the room at the time the paper
was found that he had been substituted for a
man by the name of Stiner who was in charge
at the time the paper was found and who was
withdrawn by the prosecution. This man,
said Seoville, I am told knows
about the paper, and 1 can in ten
minutes summon as witness party who
will say that man Stiner was heard who re-
marked if that matter of the Critic became
known Stiner would have to lump the town.
Col. sCorkhill objected to the evident at
tempt to postpone the consideration of this
motion. If every bit of hearsay gossip was to
be dragged in here there never would be any
end to the question.
Scoville replied he did not ask for postpone
ment. He simply desired to call the attention
Of the court to the information he had receiv-
ed and showing how important 1t was to in
vestigate this matter with the closest scrutiny.
Judge Cox Immediately began to read from
the manuscript his .clSlOn upon the motion,
reading from various authorities bearing upon
the case. Judge Cox discussed at some length
the circumstances attending the finding OF the
newspaper in the room OF one OF the palllns
OF the jury in the case.
First, as 10 the handwriting, there are sew
eral circumstance that make 1t impossible that
at least two of the names upon the margin OF
the paper were written by the gentlemen them
selves.
Second, ii, as suggested, this paper was ~
ing on the table in the bailiff's room, and gen.
tlemen OF the jury in writing in albums first
tried their pens on the margin, 1t would
amount to nothing in the face OF the sworn
afidaVitS of every member of the jury that
did not see or read paper at any time during
the trial. No one could swear to tie fact that
the Jurors did write upon the paper, while they
all swear they did not, and there is no reason
to doubt their yeracity.
So far as the discovery of new evidence is
concerned, the evidence to be introduced is as
to the prisoners manner and appearance prior
to the assassination. If there had been no
evidence introduced upon this subject there
might be some force in the request, but doz-
en- or more witnesses testified on the trial as to
his manner and appearance covering a period OF
time from March until the commission OF the
4.
duced would be merely circumstantial and
would not affect the verdict.
As to the expert witness whose admissions
after the trial are alleged to have been differ
ent from his evidence given upon the trial,
Judge Cox said sworn admissions Of this char
acter could never be considered as ground for
oyerturning verdict that may have been OBJ
tanned through the evidence of any witness
who from corrupt motive might seek to re-
verse verdict.
From all the papers presented Judge Cox
summed up:
81 am unable to find any reason to grant the
motion which is therefore over-ruled'
Scoyille-'I would like to note an exception
to the ruling of the court"
Col Corkhil-''Your honor, It now becomes
my duty"
Seoville-"One moment, please. l would
like to file in due form, motion which l re-
ferred to yesterday" Scoville then filed his mo-
ton in arrest of judgment.
Guiteau, who had been permitted to resume
his seat at the counsel table called out. "If
your honor please, desire to ask If there is
any motion that ought to make to reserve
nv rights"
Scoville tried to prevent his speaking but he
retorted, "Well, l don't want any advantage
taken of me. l want to know how much
time shall have to prepare my appeal to the
court in banc."
L
reached that point yet
Guiteau-With much excitement. ~ won't
keep quiet. l am here and l propose to do my
own talking"
Judge Cox then informed Scoville of the
rules of justice applicable to the filing of his
exception, and after this matter had been ar
ranged Col. Corkhlll renewed his motion, say
ing it is now my duty to ask for the sentence
of the court.
Judge Cox to the prisoner-"Stand up.
Have you anything to say why sentence should
not be passed upon you?"
Guiteau still sitting-"I ask your honor to
postpone sentence as long as possible"
Judge Cox-"Stand up. Have you anything
to say why sentence should not now be passed
upon you?"
The prisoner then arose, pale but with
lips compressed, and desperate determine
ton stamped on his features. In a low and
deliberate tone he began, but soon his manner
become wild and violent, and pounding upon
the table, he delivered himself of the follow
ing harangue
Il am not guilty of the charge set forth in
the indictment. 1t was Gods act, and God
will take care of 1t, and don't let any of you
forget it. He will take care of it and every
officer of this government from the executive
i down to that marshall, taking in every man
on that jury and the judge of this bench will
pay for it, and America will roll
in blood if my body is put into the
ground and am hung. The jews put the de
spised Galilean in the grave. For the time
they triumphed, but at the destruction of Je
rusalem, forty years afterwards, the Almighty
got even with them. am not afraid of death
I am here as Gods man Kill me tomorrow
if you want to. am Gods man, and have
said so from the start"
Judge Cox then proceeded to pass judg
ment, addressing the prisoner in the following
manner:
ssYou have been convicted of crime so ter
rible in its circumstances and so far reaching
in its results that it has drawn upon you the
horror of the whole world and the execratior
of your countrymen. The excitement pro
duced by such an offense made it no easy tasl
to secure for yeu fair and impartial trial, bu
you have had the power of the United States
treasury and government in your service t.
protect your person from violence and to pro
cure evidence from all parts of the country
You have had as fair and impartial a jury
as ever assembled in a court of justice. Yor
have been defended by counsel with zeal ant
devotion that merits the highest encomium ant
certainly have done my best to secure a fail
presentation of your defense. Notwithstapd
ing all this you have been found guilty. /
would have been comfort to many people 1
the verdict of the jury had established tina
your act was of an irresponsible man. I
would have left people satisfied
in the belief that the crime of politica
assassination was something entirely foreigl
10 4.x- n<r