The evening light. [volume] (San Antonio, Tex.) 1881-1883, 1882-01-05
TRIAL OF aUIrEAU.
The Prisoner Trying to Keep Quiet
Scoville's Plea for Re-opening
= .sa. the Case s.

Washington, January AT the
Guiteau trial morning, before the pro-
ceedings commenced, Guiteau said !:
"This is a good time to make speech,
but I promised the marshal would
keep quiet to-day and l will try to
do So" .
Mr.. Scoville read an affidavit setting
forth that the affiant is sole counsel for
the prisoner; that the prisoner has been
unable to render any assistance or sug-
gest the names of any Witnesses, and
that the affiant, since the closing of the
case, has learned the names of certain
witnesses who~ can testify to facts for
the defense. After giving the names of
the witnesses, and briefly stating what
he expected to prove by each, Scoville
moved that he be allowed to introduce
this evidence.
Judge Cox inquired if the counsel de-
sired to be heard upon the motion?
Corkhill--"I hardly think anything
need be said" as
Colonel Reed addressed the court in
favor of the motion. He was aware
the matter was within the discretion of
the court. 1t was not without prece-
dent, and that, too, in United States
courts. He then cited cases in sup
port of his argument and said: "In
this country it was the boast of our free
constitution that a poor map should
have the rights of justice as we'll as the
denizens of a mansion, and he was as
sured the American people would not
begrudge what was now asked in behalf
of this prisoner in the name of justice
and fair trial"
Mr.. Davidge, at some length, denied
that any precedent existed for the re-
opening of this case, simply to intro
duce cumulative evidence, particularly
on the case of DR.. Mcfarland. He
believed he would be scandalized to
admit the testimony of man SD reck-
less as to form an opinion, and be will.
ing to swear to it, merely from the
reading of newspapers.
After considerable discussion by the
counsel, which was interrupted by Gui-
teau, Judge Cox said: "The counsel
for the defense came here a stranger
to the courts of the district and even
the prisoner himself, and found himself
environed with difficulties from the
outset; the most serious difficulty was
that the odium attached to the assas-
slnation made Witnesses unwilling to
even allow their names to be known to
the defense. Approaching all these
difficulties which embarrassed him, he
Judge Cox had felt disposed to off.
set them with an equal Latitude and
more than ordinary facilities in the pre-
paration ofthe case. Evidence of insan-
ity could not be offered in sur-rebuttal,
in his opinion. Proof of insanity should
be limited in the evidence in chief of
the defense and the rebutting evidence
of the prosecution. He, therefore,
must exclude the evidence of DR..
Mcfarland. The testimony, however,
of these Witnesses, by which the de-
Tense expected to prove that the pris-
oner asserted, on the day of the assas-
nation and the day after, motive for
his act, the court held should be ad-
mitted as evidence in sur-rebuttal."
Brooks, chief of the treasury secret
service, was called. The witness visit
ed the prisoner at the Jail the night az
ter the shooting. Guiteau was in bed
at the time. "He arose in great anger
and excitement" said the witness,
wanted to know what l meant by dis
turbing his rest and quiet at that hour
of the night. / said it ill became him,
murderer, to speak in that way; he
had disturbed the rest and quiet of the
whole nation. He came back al me
that he was no murderer. but Chris
tan and gentleman. His mind was
made up that he had been
moved to do the act as political ne
cessity, and it was for the good of the
country. I told him l was republic
can and stalwart, and he replied:
: Then you can appreciate why l did
it. Witness detailed at some length
the conversation; that he, the witness,
said to the prisoner, "If you had taken
the Deity into consideration, you could
Mt box,o Jona e,,,b -, - TT.