Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-09

markS, 5alu DaVluge, suDMit tuo prayers
of the prosecution, merely adding that those
propositions Of law ought to be read together,
and when SO collected I think your honor will
come to the conclusion they completely cover
the legal requirements of the CASE"
The Prisoner -"Mormonism is an institu
ton for the benefit OF private lust. My act
was a patriotic act for the benefit Of the Amer
lean people. They are well satisfied with my
act"
TIE DEFENSE OPEN.
Col Reed opened the argument for the de.
tense in advocacy of the prayers presented by
them. He promised his remarks by
the concession that in the use Of
deadlier weapon in such a manner
That will not be discussed. The question
whether or not the killing of the president
was done with malice was a question entirely
and exclusively for the jury. The defence
claimed the act was done without malice on the
part of defendant If the jury had reasonable
doubt of the guilt of the accused it was their
duty to acquf5 him. They had no discretion
better doctrine was, that if the jury had rea-
sonable doubt Of the sanity of the accused at
the time of committing the act it was
their duty to aad him not guilty. Formerly
| the insanity had to be proved by defendant be-
yond any doubt.
The COurt-HIn one state"
Reed-"Yes, their. doctrine began to be mod
flied. In one case in Massachusetts, it was de-
cided that if insanity was made out by weight
of evidence the accused should be acquitted,
kbut the courts have advanced from that
ground, and the doctrine now held is that if
| there is doubt of the sanity of the accused he
| is entitled to acquittal." Reed then contln-
ued:
"In this connection the case of Hops vs..
People, 31st Illinois, in which the judge in his
charge said, In every criminal proceeding, II
reasonable doubt is entertained OF the guilt
of the accused, the jury is bound to acquit.
Sanity is guilt. Insanity is innocence. There
| fore reasonable doubt of the sanity of the &C.
cused must acquit. Presumption of innocence
| is as strong as presumption OF sanity.
| Reed cited cases IN further support of his
positions. He also quoted from the decision
| of Chief Justice Carter, of the supreme court
of the District of Columbia, in the case OF the
| United States vs.. Albert Nicholas. 1t was
| there held that if the jury had reasonable
doubt on the question of sanity, they were
bound to acqllit the accused. The question OF
what constitutes insanity is question solely
| for the jury.
The Court-"The question of responsibility
| is for the court. The question of fact for
| the Jury. Davidge-"Scoville you cannot
| tumble this question of insanity into the jury.
/
| Reed-s'Your honor will give your views as
| to what constitutes insanity but whether this
defendent was Of sound mind or not is the
l question for the jury"
4 It would be monstrous and shocking to the
| sense of Justice if any man accused should be
| condemned to the gallows about whose sanity
any reasonable, fair man could raise any
question. Send lunatic to the gallows in
| America! Whether he is lunatic is ques-
ton to be decided by the jury when they con-
slider evidence in the seclusion OF
| the Jury room. They may say, well
there is man committing an awful crime,
atrocious, indescribable, unparalleled in his
tory, yet we are not quite certain that he
knew he was doing wrong. Is it not the
doctrine of humanity to give him the benefit
of that doubt and hesitation and for the
BILE doubt it Is your duty to give
the benefit of it to the accused
Some men will say that if you turn him out
in the country he will kill somebody else, that
is question unworthy to be suggested in q
court of justice. Bellingsham, tried in Eng
land many years after he shot his victim, was
hurried to the gallows in seven days. An IN
doubted lunatic was convicted and condemned
and it is shame and disgrace to British juris-
prudence. In this case all we ask
is that your honor shall Sly to the jury, de-
scribing what is meant by reasonable doubt
If on your oaths you have reasonable doubt Of
sanity at the time he shot the president, it is
your duty to give him the benefit of that
donbt and say he is not guilty.
Col. Reed concluded his argument at
quarter past 2, with peroration, in which fig
ured a glowing allusion TO the latitude of lib
erty and the far-reaching impartiality of law
under our free institutions.
soovILLE.
i oo3~,;J,o ,oo,, bo;rc. inf bv tho oor1ri
that prosecution were entitled to the opening
and closing, when both parties prayed instruc-
tions, called attention to the fact that the
prosecution had made one argument to which
the jury had listened this morning and would
the defense-probably it was mere
accident like Davidges' cold in the morning,
| which allowed Judge Porter to air his elo-
quence before the jury-must be content to
dismiss these questions in the absence OF the
jury.
A lively and somewhat sarcastic colloquy
between counsel ensued. The court did moi
think any reflection upon the prosecution was
| intended by Scoville and put an end to the
debate by letting Scovlle proceed
| with his argument Scoville criticized severely
the course Of Judge Davis in the New York
case, Just decided, in going out OF his way as
he, Scoville said, to render decision that
might be made use of in this time OF Gulteau
eyes" called out the prisoner, "and the
jury in that case went out of the way to re-
buke Judge Davis"
Upon the conclusion of Scoville's argu.
| mennt the court adjourned until Monday.
| THE JURY TAKE RIDE.
| This afternoon the Guiteau jury awaited
| themselves of the permission of the court,
and under charge of two bailiffs went out for
a ride.
| AID FOR THE PRISONER.
| A number of checks were received in the
prisoners mail this morning, which were de-
posted at the Riggs banking house for col
| lection. It is not known whether they are
genuine or were sent merely as hoax.
PRoLoNGATIoN.
The opinion is freely expressed by members
of the legal profession that the discussion OF
the legal points involved in this case, particu-
| larly those raised by the defense, may be pro-
longed for several days before arguments to
the jury can be reached.