The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-01-12

out Of his way, he said, TO |
pass upon something not involved in the |
case he was then considering, brought |
Judge Porter to his feet with the indig- |
nant reply that the charge was falte.
Scoyille retorted that the opinion of
the man who sat on the same bench with
a. B. Barnard and A. CORDOBA should
not be received with much considers
ton.
Judge Porter with even more vehe-
mence than before, said: THAT charge
of the council is absolutely false. Judge
Davis never sat on the bench with either
of the gentlemen named. If the
honorable member of the Federal judi
ciary is to be put upon trial here, de-
mand," said Judge Porter, ''that record
be produced here upon which this base
charge is made.'' Scoville insisted that
when style of proceedings best suited
to a police court were introduced here
| by the prosecution, he should comment
upon them as he deemed fitting. He
should not be frightened by the tragic
utterance of Judge Porter. He had
| heard the same notes years ago from
owls at night, in the woods.
of Ohio.
Guiteau laughed and called cot sneer-
ingly: THAT'S very fine speech, Mr..
Porter"
Davidge protested that not five min
utes had been devoted to the scope of
the argument and the court warned them
that they must abstain from personalities.
The Legal Arguments in the Guitean Case
Scoville concluded his argument at IL
o'clock, and in conclusion he desired to
make few remarks of a personal char.
acter. Abiding to his controversies with
Judge Porter, he disclaimed any inten
r ton to transgress The bounds of proprie
, tY or the rules of practice, but be should
criticIse the conduct of counsel when il
merited criticism, and the threats of Tho
prosecution would not intimidate him
Citing the custom of the counsel on tn,
other side OF bowling to the jury upoI
entering, ScOville said: Sometimes i
! is three bows all around-never lesI
v than two. 1t has not been done by tn
counsel on this side. and do not hest
tate to criticise the, propFiety of it."
Judge Porter-"The gentleman
o simply instancipg his lack of politeness
f If he has no apology to offer, l shall Ger
tainly not apologize for him"
Col. Corkhill occupied an hour il
reading his argument, which was cor
# fined to the legal points involved. III
claimed that the question of jurisdiC
; ton was beyond a shadow of a doubt.
Davidge then addressed the court. AM
y began by saying that he had deemed
unnecessary to discuss the matter G
Jurisdiction.
Guiteau assured him that was wis
n decision.
Davidge continued that malice in lay
did not as the offense tried to make oni
&c mean a grudge or ill-Will, but simply a
81 intent to commit wrongful act. DaN
idge urged. at some length, that tn
question before the court was one {
ministration and not of disease. /
a critic Using the prayers of the d,
d Tense he declared it was imposs
# BILE to read most of them without con
:. ing to the reluctant conclusion that the
81 were absolutely designed, not to max
clear what may be obscure, but on th
4 other hand, to Introduce, as far as the
" ingenuity could, confusion in the cas-
~ Davidge's speech was very eloquen
le He showed with great force that Guitea
G. was responsible for his acts according [
all the evidence adduced, and said TIL
= If the prisoner was not punished, b
:" punishment was left to higher powe
The court, representing the wisdom
10 society and the masters of law, simpl
made an example of him to deter othe
Ut from committing acts of violence ar
Il sin.
ut 81 say the act was right" cried Gu
Il teau, land you say it was wrong. YC
had better leave that to the Jury, VIII
g together with the American people, a
ne on my side. If you saw some letters
receive, you would not make such talk
He interrupted number of times, 6
." serting that he did not claim more tn,
z transitory mania. That was the on
ch delusion connected with the case