The Portland daily press., 1882-01-06
THE ARGUMENTS EXPECTED TO CON-
TINUE ABOUT FOUR DAYS
And Verdict to be Rendered Next
Week.

WASHINGTON, Jan. 5.-Mr. Scoville and Col.
Reed were in conference at an early hour this
morning and will be engaged all day upon the
preparation of law points which they will on
Saturday present tol the court for its rulings.
Neither appear at all sanguine of obtaining
verdict favorable to their client, yet both stout
ly maintain not only that Guiteau was legally
irresponsible for his act but that he is at this
moment insane, his own assertion to the con-
trary notwithstanding. MIR. Scoville was
greatly disappointed at his failure to get before
The jury yesterday the additional expert evil
dence, with which he had expected to rebuff
the very damaging testimony of the Govern
ment's experts. He did not assume to ques-
ton the legal soundness of Judge Cox's ruling
but thought under the circumstances that the
odium naturally attaching to the defence of
this case, the difficulty in inducing witnesses
to testify upon the unpopular side and the fact
that the names of these expert witnesses and
what they would testify to were not known at
an earlier stage of the trial, that the greatest
latitude within the discretion of the. court
would have been justifie in the introduction
at any stage of the trial of any evidence ma
terial and perhaps vital to the defence. The
general feeling to-day is that the defence will
have no ground whatever upon which to stand
before the jury if the court shall rule favora-
bly, upon the prayers presented by the prosecu-
ton yesterday. This feeling is undoubtedly
shaped in great measure by the counsel for
the defence, who will endeavor to obtain such
ruling lEOu1 tu6 court ~ Will give bl6M al
opportunity to plead any possible doubt that
may be shown of the application to the prison.
ers case of the legal definition of insanity and
responsibility for illegal acts in contrast with
the facts as shown by the yoluminous evidence
in the case.
The counsel for the defence will present their
law points to Judge Cox tomorrow morning.
His honor will rule np9p , the5p opening 81 court
Mr., Dayldge will then make the opening argu-
ment for the prosecution, which will probably
occupy the day. Mr.. Seoville will reply for
the defence Monday and will be followed by
Mr.. Reed and Guiteau, who will be permitted
to address the jury if he desires. Mr.. Porter
will make the closing argument to the jury.
Mr.. Scovitle remarked this morning that he
did not think the arguments would consume
more than four days.
LATER.
Messrs Scoville and Reed tonight finished
the preparation of the prayers to be offered by
defence to the court for instructions to the
Jury. There are fourteen prayers The main
points raised are that; The legal test of in
sanity is whether the act was done as a result
of an insane deluson or committed under an
influence or power which the accused could
not resist by aeason of his unsoundness of
mind; that if the accused would not hav Q
done the act but for such insane delusion he
is not guilty of the crime charged against
him; that if the jury have . reasonable doubt
as to the insanity of the accused they should
give him the benefit of the doubt that the
jury may take into account the manifestations
of feelings ON the part of tue witnesses;
that the jury have right to
consider the suppression of evidence by the
prosecution as raising a presumption that that
such evidence if produced would have been
unfavorable to the prosecution; that If the jury
believed the prisoner of unsound mind but
without malice in the commission of the act,
they should render verdict of manslaughter;
that the jury should find a verdict of not
guilty upon the counts of the Indictment repre-
senting the death of the President in the Dis
trict Of Columbia; and that to acknowledge
that his act was contrary to law would not
make the accused liable to punishment if he
did it under the insane delusion that it was
commanded by God.
Expenses of the Trial.
A rough estimate of the amount of money
SO far disbursed for witness fees and mileage
by the marshal places the cost of Government
witnesses in the Guiteau trial at $4,000 and wit
nesses for the defence at 1924. There are
many witnesses whose bills have not yet been
paid.
Management of the Court Room During
the Arguments.
Judge Cox has issued the following drec-
tions as to the management of the court room
during the arguments of the case of Guiteau
to the jury:-No visitors are to be allowed to
stand in the northeast corner of the room (the
jury is in this corDer). No visitors to enter
there after the argument is commenced each
day SO to pass between the counsel and jury,
though visitors may be admitted who are in
vited to seats on the bench. All persons leav-
ing the court room during the arguments must
pass out through the south doors to avoid pass
ing between the counsel and jury, and for that
object passage way is to be left between the
trial table and audience. The south passage
way is to be kept sufficiently clear to allow
passing in and out, and the space before the
jury is to be kept clear. The marshal is
charged with the execution of the foregoing
directions.
No Visitors to See the Prisoner.
No person was permitted to see Guiteau tc-
day, and until the termination of the trial his
counsel and brother and sister are the only
persons who will be permitted to visit him.
This is so ordered at the express desire of Mr..
Scoville