Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-01-17
GUITEAU.
Scoville Opens His Speech for the
Defense.
All He Asks For the Assassin Is
Impartial Justice.


Impartial Justice.
WASHINGTON, January 16.-The
court opened at 1910 this morning.
Scoville began his address to he
jury by confessing his unfamiliarity
with the modes of practice in GRIM
inal cases, which had resulted in his
making numerous mistakes which had
undoubtedly initiated against the
prisoner. He desired, however, pub
iicly to acknowledge and return
thanks for the assistance he had re-
ceived from members of the bar in
this and in other parts of the coun-
try-assistanc cheerfully and volun-
tory rendered, and which had
very materially aided him in
conducting the defense. ALI the
defense asked for was fair, candid,
impartial weighing of evidence by
fair and candid men. The counsel
wonld attempt no oratory because
he was not equal to it and because
he would not do it if he could. He
would address himself to the intel
lect of the jury. Oratory, eloquence
and appeals to passions, he would
leave for the counsel who would fol
low him, Judge Porter and he
desired to warn them that an effort
of the learned counsel, Judge Porter,
to expound the law or explain the
evidence, he would invariably seek
to influence them through their
emotions to touch their hearts and
sway their sympathies rather than to
convince their judgments.
The speaker dwelt upon the seri-
BUSINESS of the duty devolving upon
the gentlemen of the jury in arriving
at fair and impartial verdict, and
explained the reasons for the care and
particularly observed by the courts
in selecting jurors. The counsel on
either side would add coloring to the
evidence to suit their particular views,
and though each might be honest
yet the counsel upon the opposite
side would naturally take opposite
views of the case, and in listening to
and reading over the same evidence
each would catch points which would
seem to make for their respective
sides. As consequence, in present.
ing them to the jury tinged with the
coloring of their counsels, precon-
ceived opinions neither would,
in reality, present the whole
truth. Mr.. Scoville complimented
the fairness, honesty and
integrity of the counsel, Mr.. Dav-
idge, who had opened the argument
for the prosecution, then proceeded
to show, owing to causes he had just
set forth, how unfair, partial, and d s.
honest Davidges's comments upon,
and reviews of the testimony mad
been.
Scoville said: "I do not care to
complain although do not think as
the counsel, in the conduct of this
case | have been treated with fair
ness. Personally 1 care nothing
for it; but when it Injuries the case
in which my efforts are enlisted, 1
must complain"
I hold in my hand an Indictment
for conspiracy which I have framed
in my own hand, and the object of this
conspiracy was to hang the prisoner.
Scovllle proceeded to name the con-
spirators, "the District Attorney,
Judge Porter, Mr.. Davidge and five
of the government experts, namely !:
Doctors Gray, Hamilton, Kemps,
Mcdonald and Wooster" Apologiz-
ing for the transgresslon, Scovllle
said The habit of newspapers
of anticipating the processes of
our cour,s of law, and
complaining against the hardness
of judicial decisions, is a most per
nicious one, and antagonizes the very
results they may be clamoring for,
said Scoville. 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 de-
cision of Judge Davis. He said
Counsel upon the other side indig-
nantly repudiated the suggestion
that Judge Davis sat with Cardozo
or Barnard. But have yet TO learn
of either of them ever commit ng q
more rephensible act than that OF
Judge Davis" Scoville warmed ul
with the subject, and denounced il
severe language the extra judicial act
of Judge Davis. Scovill, continued
"When Judge Porter comes before
this jury and undertakes to perver
the evidence I shall not keep quiet
as 1 did with Davidge, but L shall
stop him."
Guiteau-"So shall l.
Mr.. Scoville-"I shall stop hin
and I shall correct him, if find b.
is misstating the evidence"
Guiteau--"Never mind, I'll attent
to him.
Judge Porter-"There will b
two Guiteaus then to attend t.
me.
4 Scoville at some length reviewed
those portions OF Davidges argumen
Z. IN which the law of the case wa
d stated, and claimed that it was false
S ly stated 10 every instance. That
was well termed by the counsel
The iron rule" for it would han,
four-gfths of the insane criminals o
l. the country. Il can only expires
1t my surprise that gentlemen of th
q learning and experience possesse