The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-01-19
The tu;teau Trial,

| WAsHTNGTOY, January 1l.-Guiteau sent
for bis counsel, colonel Reed, to-day to
visit him It the Jail. He says he does not
care to see any one else until after he has
made his speech to the jury, but he desires
to confer with Colonel Reed, in whose judg-
ment and ability he pretends to place more
reliance than upon Scoyilles. lie says
Scoville takes wrong view of his case en-
tirely and loses good point when he makes
one by talking about it. Reed visited the
| Jail this evening.
Davidge will make the opening argument
on behalf of the prosecution tomorrow
morning.
Marshal Henry has been besieged to-day
with applications for tickets to the court
room tomorrow.
WAsHIYGToY, January 12-The audience
which assembled in the courtroom this
morning to listen to the opening argument
! TO the iurv in the Guitpau case was LARGE
and intelligent one, which entered the
room at an early hour, awaiting the arrival
! of the court, counsel and prisoner
! The Marshal gave the spectators due mo-
ltice that no one would bepermitted TO leave
until the hour for recess, and for the pur-
pose of emphasizing his remarks ordered
| that the main door should be locked.
At 10 sharp, the jury entered, and a few
moments later court was called TO order.
Dayidge then took a position in front of
| the Jury and opened his argument with "A
disclaimer of any intention to make a set
speech" but expressed his simple desire TO
render the Jury what aid he could in the
present solemn duty they had now to per-
I form in this trial. Whatever disorder or
/ leyity might have characterized the trial,
there was but one sentiment in regard 10
the conduct of the jury -' J commented
their dignifed depOrtuv aud close
attention to the cyid" and he
could not doubt q. - they
/ had received the commend. ..u all In the
/ mast that they would cOntIl..,y deserve II
| the future by the decision Oi lie question
before them There is, gentlemen" he
continued, but simple point Tor discus
/ sion and consideratiOn-the subject OF IN
sanity. The court will tell you that IN this
[ land Of law it is not allowable for man
coldly and deliberately 10 slay another and
Z then 10 say that he had no malice. The court
will tell you when II comes TO charge
/ you that 10 constitute the crime Of murder
I the existence of malice is wholly unneces-
/ sary and that a deed committed Is worse m
l the absence Of that element than If II was
present In the beginning OF this trial, az
YOU will recollect, an Intellectual attempt
was mare in the direction Of showing that
Z the death Of the President was attributed to
I the malpractice Of the surgeons who at
] tended him with 50 much fidelity,
.
attempt was shOrt-lived, however, and
| was very speedily abandoned. So that there
I Is now one question for you 10 determine,
and that = the question Of insanity. In
/ the progress Of the trial very many vague,
general erpressiOus have crept into the
case. We have heard Of crazy men, Of men
7 of their balance, Of insane men, and hence
7 IL was necessary to apply 10 the court for a
clear definition as 20 what =
I insanity ia a legal sense. Medical
I err,erts have defined il from the
I STANDPOINT Of medicine, and il was neces-
/ sa-v ~ have ID defined from the standpoint
] ~ favr Even If q man be deficient in intel
I Iieeure. II does not follow that be shall he
I r,'lruIfffed 10 commit murder with iTnVu
nifv. II takes one degree q intelligence
u frr n man a. make q contract and another
J 10 make a will. ariutnar % d0auv other at !.
L huf when you come 70 Crlme-sucl a.
crime as We have here. murder-
murder tie most foul and unnatural-ille
. I.r require q very slight degree Of inte.Ii-
l-enee- Indeed 10 u-as. ceutlefnen, IN order
. 10 make fiie Question ritrieclly dear and 90
nfrirEe VUur lab1Is - far o. o. prevent
rour being Jed nstray ~ the intr1ln ltion
r III Irrelevant matter. that tie rrusHeuti1fI
asked fhe c1urt % state Sufficiently what
CONSTITUTES malice and insanity Tie
Cou-t has spoken and . has
udt srr.ken in vain ~ cmbi-
uuns lai.-raes. and j. hes laid dDun
fr-orulfs iar sur 4uidllue. ulirh VI.
nos Rad Res JUDGE CUE's irstru1-
firr- Nus . ard ~ IN commenting ur
the fr-1 ard second i1s-rrr-i1n llr.ll- q
sail- ATlaf is. ee1tlHnsl q ths iury. j
rny humrn being has any degree 81 i-ill b.