The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-01-13
GUITEAU'S TRIAL.
Presentation of the Case to the
Jury.
ABLE OPENING BY JUDGE DAvIpGE

that no one would be permitted to leave until
the recess and ordered the main door locked.
At 10 O'Clock the jury entered and few mo-
ments later the court was called to order,
Mr.. Davidge then opened his argument with
disclaimer of any intention to make set
speech, but expressed his simple desire to rem
der the jury what aid he could in their present
and solemn duty. The time had now come IN
this trial when the jury were to become fac
tors. Whatever disorder or levity might have
characterized the trial, there was but one sem
timent in respect to the conduct of the jury.
All commended their dignifed department
and close and patient attention to the evidence
and he could not doubt that as they had re-
ceived the commendation of all in the past
they would continue to deserve it in the future
by their decision of the question before them.
AS Mr.. Davidge traced the process of rea-
soning by which the prisoner gradually reached
the conviction that "But one little life inter-
posed between himself and possibly great BEN
efts,' Guiteau became restless, and for the
first time after the opening of the court indi-
Gated by his nervous twisting about the usual
preliminaries to a series of Interruptions which
in this instance quickly followed.
"Not often,'' said Mr. Davidge, f'in the
record of heinous crime do we have such
plain and pointed evidence as to the first con-
ception of the crime. In this case the sugges-
ton came to the wretch in the night as he was
lying in his bed"
SIT came to me when the Lord got ready to
have il" shouted the prisoner
Mr.. Davidge continued:-"This thought or
suggestion came to him on the 18th of May.
Still thinking he might obtain the office he
sought to keep his hands clean. He made
another effort on the 2Sth Of May to induce the
President
Guiteau called out from the dock, "I
wouldn't have taken foreign mission after
the first of June if it had been offered to me-"
Davldge apparently not needing him)-On
the 2Sth of May
Guiteau-I am talking about the first of
June.
.Davidge (pausing a moment)-Just listen to
him.
Guiteau (sneeringly)- They would listen to
you, but your talk is SO weak it is hardly worth
listening to.
For several minutes Guiteau continued to in
terJect his comments with the evident inten-
ton of annoying Mr. Davidge, but finding that
he could not effect this he gradually subsidized
into complete silence
There is here, gentlemen" Mr. Davidge
continued, "but a single point for discussion
and consideration-the subject of insanity.
The court will tell you that in this land of law
it is not allowable for man coldly and DELHI
erately and treacherously to STAY another and
then say that he had no malice. The court
will tell you when it comes to charge you that
to constitute the crime of murder the existence
OF malice is wholly unnecessary, and that, in
deed, the crime committed is infinitely worse
in the absence of that element than If it was
present, In the beginning of the trial an in
effectual attempt was made in the direction of
showing that the death of the President was
attributable to malpractice OF the surgeons
who attended him with SO much fidelity and
ability. That attempt was short lived how
ever, and was very speedily abandoned, SO
that there is now but a single question for you
to determine, and that is the question of in
sanity.
In the progress of the trial many vague and
general expressions have crept into the case.
we have heard OF crazy men, of men off their
balance, of insane men, and hence it was nee
essary to apply to the court for clear and per-
spicuous definition of what is insanity in a le-
gal sense. Medical experts have defined insanA
ity from the standpoint of medicine, and 1t was
necessary to have 1T defined from the stand
point of law. Even if man be deficient in in
telligence he shall not be permitted to commit
murder with IMMUNITY. 1t takes one degree of
intelligence for man to make contract, an
other TO make will and another to do any 9TH
or act. But when you come to crime, such a
crime as we have here, murder, murder most
foul and unnatural, the law requires very
slight degree of intelligence indeed 1t was in
order to make this question perfectly
clear and to abridge your labors so far
as to prevent your being led astray by the
introduction of irrelevant matter that the pro-
secutlon asked the court to state what consti-
tutes malice and insanity or legal intent. The
court has spoken and it has not spoken in any
vague or ambiguous language. 1t has laid
down two instructions for your guidance which
will now read. ;"
Here Davidge read Judge Cox's instruc-
tons No. / and No. q In commenting
on the first and second instructions Davidge
said:
That is, gentlemen of the jury, IL any human
being has any degree of intelligence which en-
| ables him to understand the act he is doing,
| and if he has sense enough and does know that
the act is in violation of the law of the land or
| wrong, then no frenzy, no passion will afford
| any excuse whatever; hen no disease of his
moral nature will constitute any excuse what
| ever; then no belief, however profound, though
man through reason and reflection may
reach the conclusion that the act is the sugges-
| ton OF and commanded by Almighty God will
| afford any excuse whatever for the perp etra-
ton OF the crime. His sole and exclusive ex-
cuse is disease OF the mind, obliterating the
| sense of the difference between right and
wrong and absolutely controlling the Judgment
| and reason of the party.
Thus you will see that the degree of reason
necessary to make man responsible is very
| limited indeed. Thus you will see that man
may be here who has been STYLED crank or off
his balance and even partially insane, and yet
| may be abundantly responsible for the crime.
| What is the act committed here? Murder, muir
der, murder BY lying in wait, what is common
| ly called assassination. How great degree of
intelligence does it take to inform man that
that is wrong? What degree of intelligence
| was necessary to make q lawyer know that ii
was in violation of the law of, the land to kill?
| What degree of intelligence was necessary to
make religious man toknow that the ever
| lasting edict had gone forth from Almighty
God: Though shalt not commit murder"
In the beginning it was sought to show that
the prisoner was off his balance Now the court
tells you to lcok for that degree of insanity that
disables man from knowing that what he
test you are to apply upon the question Of
inspiration. 1 think I will be able to show
to your satisfaction how little there is in this
claim.
At Davidge's request recess for an hour
was taken.
Mr.. Davidge resumed his argument at 1.05,
and took up what he termed the first branch OF
the defence, to wit:-That through the dis
eased brain of this prisoner when he commit
ted the act he was unable to appreciate the
difference between right and wrong in respect
OF his act. ut seems to me" said Davidge,
'almost mockery to argue upon such claim,
but since some evidence has been introduced
upon this point feel it my duty, representing
as do the Government, to leave no claim un-
answered. 1 wish in the future, whep.this
man has met his doom no human being to raise
aquestion as to his guilt or the propriety of his
punishment, and before / get through expect
to be able to. make it perfectly clear to you,
gentlemen of the jury, that this defence is not
only false defence but a fabricated one. !"
Mr.. Davidge reviewed at length the evidence
adduced by the defence in their effort to show
insanity in the family. The family Bible had
been dragged down from its shelf and had
proven perfect God-send, as showing what
otherwise never would have been remembered,
that some collateral relation in some remote de-
gree had afforded by his or her mental condi-
zion some sort of support to this theory which
is set up in the defence of this monstrous
crime. "The father, Luther W. Guiteau, -
continued Mr. Davidge, chad been held up to
the jury as in some sense an insane man.
Would any one have us believe but for the me-
cessity of the defence that this mans name
would not be revered. and his reputation and
honor defended by every member of his FAM
ly?" Mr. Davidge then took up in order the
case of each member of the Guiteau family
upon whose mental condition evidence had
been offered by the defence, and recited in
connection the counter evidence of the prose-
cution, summing up the force of this evidence
with the remark, But the unanswerable tes-
timony of the experts settles the question of
how much effect this collateral insanity could
have upon the mental condition of the prison
er. 1t is but the merest mockery TO discuss
this question in view of the undoubted ability
of this man to distinguish between right and