The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1882-01-19
JANUARY 10, 1882.

to oUer, certainly shall not apologize for
him. Corkhill read from printed slips an e1-
hausiiye argument upon the subject of juris-
dictiop, after which Davidge addressed the
Court on the subject of "malice." Dayidge
discuSsed seridtin the prayers Of the defense,
and pointed out "their sophistries and incon-
sisteleies.. The object of the prosecution"
he SD, sis to obtain from your Honor .
four four distinct pro propositions. @ T The appsrl upDa
ent teject Of the defense has been to
befosah that may be clear in this case, in the
vain 4ppe that they may get to the jury with
soIneAncertanty attached in some way in the
case rPon which to build q plea for acquittal.
WhysTour Honor, in the course Of thirty years
pract have never seen such prayer as this
one cred by the defense. 1t has no justifca-
ton ;1t has no excuse. We don't want obscurity
in t4$ matter, We want light; we don't
mean to let this prisoner escape in
q ctpuds but We want from your
HoH clear and perspicuous ruling, SO
thai alye average men sitting upon jury
hanGs iae eleventh and twelfth Pza yers of
the defense, and characterized them as mean
attempts to cast aspersions upon the experts
who had testified for the prosecution, and dupon
the counsel for the prosecution themselves.
The prisoner followed the argument with the
closest attention, and indulged in frequent and
noisy comments. Judge Porter follows with
the co9cluding. argument. ssssfa5sfa 81
JUDGE PORTER TALKS.
Judge Porter reviewed the conduct Of the
prisoner and the conduct on the part of his
counsel The crime in all its hideous ugliness
was held up to the detestation OF his hearers.
The prisoner WINGED and nervously turned in
his seatunder the scathing denunciation. Judg
Porter spoke of Reeds argument as lawyerlike,
and based on the only law points which, with
any plsusibility, could be addressed by the de-
fense. OF Scoville's argument, he said it could
only have been delivered by one! of the family
of Guiteau who as he had himself boasted,
had learned his law IN the Police Court, and
acquired his manners among the hooting owls.
Proceeding to expound the law on the subject
of malice, reading from the 1880 edition Of
"Archtbald's Criminal Practice, ." Porter
dwelt upon the premeditation of Guiteau, re-
ferring to his lying in wait, and to bis dog.
ging The footsteps Of the President. He said ;
"Was this worthless yagsbond the man to be
selected and inspired by Gods cheat, 9
swindlez creature Of the vilest habits
He, then, Is Junior in the firm Of Jesus
Christ q 90. This murderer, tracking his VIC
tim at night, at church, at the railroad sta
ton, everywhere, till the deed is dope. But
grant this hideous pretension, and allow him
the inspiration of Paul, which he impi-
ously quotes, that does not protect, as It did
not protect Paul from stripes and death. /"
Porter Sent on to say that although the Presi-
dent haa died. tho Government Gsti1l lived, and
his successor was prosecuting his assassin.
Yes, raid Guiteau, "and Arthur employed
you unEsr a misapprehension. Yes, said
Judge Porter, "under misrepresentation that
the law Was stronger than Guiteau. Guiteau
seems To think that he's stronger than the law.
" I do not claim to be stronger than the law,
but God Almighty is stronger than the law. y
said Guiteau, sullenly. "He will come before
God Almighty presently" said Porter,
solemnly, "and until then he would do well to
refer brt little to Him. He win feel soon what
he has never felt before, divine pressure in
the foriA of the hangman's moose. The prts-
oner had ssworn on the stand that he
was predestined to remove the Presi.
dent. He had forgotten to say thai
he was predestined to be hung for it,
In his ruling Judge Cox was very lengthy,
fully reviewing the case. Upon every material
point 4is rulings were directly against the
psEss-s52 ~ 4he-ae< ~
comfort. for the prisoner was offered wher
Judge Cox reached the question OF reasonable
doubt. Upon this subject he said: 81 shal
not charge the jury to acquit If they find
reasonable doubt as to any one element, but
shall take into consideration and charge then
relative to the elements, and that if, from al
the circumstances and evidence, they have 1
reasonable doubt Of the commission by the de
fendant of the crime as charged, then the.
shall acquit." As Judge Cox finished speak
| ing, Guiteau called out: 81 am perfectl,
satisfied with that exposition Of the law.
| Adjourned.