Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-07
THE LAST RESORT.

On the Law Points to be Deltv.
cred this misunderstanding that tho
Argument VIII be Postponed to Mon
&day-An Enterprising Physician Offers
$1,000 for Guiteau's Body, Cash Down,
and Will Take His Chances as to Delivery
-Guiteau Looks Favorably. but Thinks
of His Plea to the Jury In Progress.
WASHINGTON, Jan. 6.-There. have been no
new developments this morning in connection
with the Guiteau case. Judge Cox is engaged
in preparation of his rulings upon the law
points presented by counsel and will render
his decision at the opening OF court to-mor-
row morning. Judge Davidge will then be
ready to proceed at once with the opening ar
gument for the prosecution, but it is thought
an adjournment will be taken till Monday.
The progress of the defense have been
the subject of general discussion with
the legal fraternity, particularly the twelfth,
which sets forth that if the jury shall believe
from the evidence the prisoner was of sound
mind, or not so insane as to be irresponsible
for the act at the time of shooting the presi.
dent the second of July, 1881, and that he
then unlawfully and wilfully, but without
malice in fact, in the District of Columbia,
shot and thereby injured the president, of
which shooting and injury the person SO in
jured subsequently died in the State of New
Jersey and within the United States, then the
prisoner is guilty Of the crime of man.
slaughter and the jury should so find. This
is locked on as the
LAST RESORT OF THE DEFENSE.
The claim is that as the shooting occurred
in the District of Columbia and death in New
Jersey, the crime is one of manslaughter, as
defined In sectors, 34l, United States statutes
at large. This section reads as follows:
"Every person who within any places. or upon
any waters, described in section $3.50, unlaw-
fully and wilfully, but without malice, strikes,
stabs, wounds or shoots, or otherwise Injuries
another, of which striking, stabbing, wound
ing, shooting, or other injuries, such person
dies, either on land or sea, within or without
the United States, is guilty of the crime of
manslaughter."
The absence of malice must be shown to re-
move Guiteau's crime of murder.
1t is not believed Judge Cox can rule favor
ably on this prayer.
$1,000 FOR GUITEAU's BODY.
Scoyille has received bona flde proposition
from medical gentleman for the body of
Chas. J. Guiteau. This gentleman, whose
name Scoville declines to make public at
present, has offered to pay 81 600 immediately,
the amount of purchase money, on condition
he shall have the body of the prisoner as soon
as execution of the law has been met, to dis
pose of absolutely as he shall see fit. He also
agrees to take his chances of waiting one
month or twenty years for consultation Of
the bargain on Guiteaus part. The
proposition was submitted to Guiteau
to day, and seemed to impress him favorably.
After rejecting moment he suggested: Il
think ought to bring more than that. Per-
haps some other fellow will offer $4,000.
Then I can pay my debts, and If I get new
trial that miserable Corkhill can't bring on
lot of fellows to just swear how much owe
him"
THE CLOSING ARGUMENT.
The only persons admitted to the prisoners
cell to-day were j. W. Guiteau, his brother,
and friend who accompanied him. The
brother held long conference, in effect to ar
range the order of arguments to be
made before the jury. Guiteau not
only insists on speaking in his own
behalf, but in making the closing
argument for the defense. He cannot
he says, at this late stage, jeopardize his case
by allowing Scoville his last say. Scoville is
perfectly willing to let Guiteau makes speech,
but wants him to make the first, SO he (Sco-
WILEY can comment on it, if he
desires, to the jury. Guteau was
busily engaged when his brother called in the
preparation of his argument, and had already
covered four pages of foolscap. He expressed
himself very well pleased with the law points
made by his counsel, and intimated he felt
pretty sure he could get new trial if he
should fail to be acquitted.
MRS. sCovILLEs LOYALTY.
Mrs. Scoville takes exception to the re-
mark of Warden Croker, that the only per-
son who really seemed to care what became Of
Guiteau, is his sister, and writes: "Judging
from 800 or 400 letters which I have opened
since the court adjourned Wednesday, to say
nothing of the newspapers sent with favor
able articles marked, feel quite sure great
many people not only care what becomes of
him, but they have decided desire that he
shall have fair play.