Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-04

| defence. There were instances here where there
had been technical omissions, I'm which evidence
had been admitted out OF the regular order. Their.
| was no shadow OF foundation laid for the intro
| ducton OF the testimony OF DR.. MacFarland. II
would be scandal to admit it at this time. HI
was presented here as a man reckless enough Il
swear upon what he had read. As to the rest o
tne evidence 1t was cumulative. As to the ey1
!, dence OF the persons who had seen the prisoner
facts
Mr.. SC0vILLE ON THE DIFFICULTIES OF THE DEFENCE.
Mr.. Scoville remarked that there had been no
trial In this country in which the defence was
surrounded with such unusual difficulties as IN
this case. In reference to the expert testimony
he remarked that the defence had not the means
TO secure the services OF experts such the gov
ernment had
Mr. Corkhill asked what means the government
had that the defence had not had.
MI. Scov1e said that the expert witnesses OF
the government had been waiting weeks, and all
had testified that they expected compensation,
while the witnesses for the defence received only
$l.S day. The government experts, he said,
are waiting now in the vain expectation OF seeing
the result OF their evidence In the hanging OF this
prisoner.
Mr. Corkhill said the experts for the government
mac received only the regular witness fees.
NE Scoyille said DR.. MacFarland knew a sci
enthc man OF the mental condition of L. W. Gui-
teau. He remarked that the prosecution had
reused to bring out in evidence what was said by
tne prisoner during the two weeks after the shoot
ing when the district attorney and a stenographer
had daily interviewed the prisoner He did not
Chlnk IL was too much for the court now to admit
any evidence covering that period OF time. While
Ihe prosecution yesterday were profuSe i'm their
proteStatons Of fairness, still they wanted now to
CUT Mo OH tGls 6E,,.yd, evidence on techncality:
yesteraav ofAl that repeatid what ssr. he said
any single fact of Importance to the defence to be
supHLIted The prosecution would not stand in the
way There had not been a case tried since courts
were instituted where the same lberality had been
allo"ed 10 the defendant as in this case. He
to thoughI the proposition to put Dr. MacFarland on
t tne sCnd now was an affront to the court and to
Ine expert witnesses who had testified. He OBJ
served that Mr.. Scoville had not told what the de-
McElfresh. They wanted them put on the stand in
the nope that they might get some evidence from
GUITEAU TELLS WHAT HE EXPECTS TO PROVE DE-
TECTIvE MELFREsH.
~ did intend" said the prisoner, 'to say nothing
This morning. propose to prove by Mr.. McEfresh
what said to him when he went with me to jail.
told Mr. McElfresh that it was the political situa-
ton that did 1t. Ipropose to show by Mr.. Brooks
that he came to my cell on the ID OF July, thinking
ina that there was great conspiracy. | told him
dd IL, and told him that it was the political situ-
ation, and did it under Divine pressure"
~, An oillcer tried to stop the prisoner while speak
Ing, ana he turned, angrily saving: sMind yOur
own business I'll shut your MOUTH
Mr. feed, rising in reply to insinuatiOns made
against Dr. MacFarland, said he was the peer of
any man.
Judge Cox was about to proceed with his decis-
ION 10 ;, when the prisoner interrupted him. "Mr.
Iy, Ibiliey, ne SAID, destroyed my note book" He
kept up clamOr for a minute or two when the
Officers succeeded In qufeting him.
Decision Of Judge Cox.
Judge COX said counsel for the defence had come
10 The city stranger to the practice of this court
and comparative stranger to the defendant him
self. great difficulty in his way was the odium
which attached to the assassination. For this rea-
ia hnn ,fc, ,I,rf,
most liberal opportunities. Now, IL any
Ilcts We're produced, material to the defence,
he would consider it his duty to admit
it. Part OF the evidence now pr0roSed TO be of
leTed was In the nature OF Sur-rebutting testimony
In reference to expert testimony, he observed that
II properly belonged to the evidence in chief. He
mony was limited TO the evidence in chief lie did
not think, therefore, the evidence OF DIR. Mac
r farland could be introduced. He thought
sur-rebuttal to admit witnesses to show that the
defendant had stated Immediately after the shoot
ing that he had committed the act under nsplr.l-
ton. The government was not obliged to cali the
witnesses placed on the list to sustain the indict-
ment. Ii they were not called, they were at the
disposal of the defendant at the moment the prose
cution closed. 1t was not a matter of right. but
grace, If any such witnesses could be called now
Of L. w. Guiteau had been So
thoroughly canvassed that any more on the sub
leet lt would be merely cumulative, and he did not
think such evidence should be adrnitted. In refer
ence to testimony proposed to be offered in refer
ence To the mental condition OF the prisoner at a
time near the shooting. was, as he understood Of
d very vague and uncertain character and he did
not think 1t admissible Unless it was stated dpfi
niteiy what McEllreSh would testify to, he did not
think it admissible.
GUIrEAU INTERRUPTS THE JUDGE.
81 VIII state to your honor,n said the prisoner
"that talked with McElfresh and told him that il
was the political situation. l said, sAre YOU
stalWart?' and he said he was. The point is that
IL was the political situation that precipitated me
fl,a
upon the PRESIDENT They are going to tell the
jury that am disappointed Office seekern
The court said If he had anything as to the Ian
guage OF the prisoner to McElfresh, he might ad-
NIT his testimony.
'That is 4 sound decision. worthy of your
honor" remarked the prisoner. ''If had plenty
OF money could produce fifty men to swear that
l was crazy as a loon Oh the 2i OF july"
WITNESS RULED OUT.
Mr.. ScOville then called DIR. George NJ Beard OF
New York, to the stand. The prosecution at once
desired to know for what purpose DIR. Beard was
called. MIR. ScOville said he Was to be examined
In sur-rebuttal. He proposed to PROFOUND to him
the hypothetical question prepared by the presecu-
uOn. Alter some discussion an objection to the
testimony was made and sustained. Mr.. Scoville
noted exceptions. Dr. Beard Was then excused
from the stand.
Nv. Wen be happy to hear you, doctor, on some
other day." remarked Mr.. Daydge.
''We'll hear him on meSmeriSm," observed the
district attorney.
GUITEAU WANTS TO GO HOME
"They have got no case," said the prisoner, re-
ferring to the prosecution. "The best thing they
can do is to dismiss the Indictment and go home.
I want to go home"
MR. sCovIILE's PROPOSITION
Mr.. Scovtlle said he had proposition to make:
that was that Drs. Godding and Nichols, and DIR.
Walker, president OF the insane asylum superln-
tendents, should be examined by the government
without discrimination. They were not paid
to come here, Mr. ScOville said, and were not called
by either side.
"They are beyond Corkhills money" interjected
the prisoner.
Mr.. Scoville urged that, If it was a proper thing
for the prosecution to do to leave it to Dr. Gray as
to whether the prisoner should be placed on trial
it would be proper now to examine those men.
ssThoSe are the three ablest men in the busi-
ness said the prisoner 'They can't be touched
by money. The others are like lawyers. So much
opinion for so much money"
An officer In the dock having tried to quiet the
prisoner, he cried out loudly: 81 appear as my
own COUNSEL and have right to be heard"
Mr. Davidge stated that neither the opinion OF
DR.. Nichols or DR.. GOdding could be OF any assist
ance to the defence. The prosecution declined the
offer or proposition made by MIR. ScOville how
ever, on the ground that such a course would un-
necessarily delaythe trial.
"YOu are In great haste to close this casen said
the prisoner.
Tie judge said he did not feel that ne had any
authority to interfere with the matter.