Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-17
HOPE FOR GUITEAU.
A CRANK IN THE JURY BOX.
ScOVIIIe's Plea for the AssassIn-.ae
Frames an Indictment A against the
Prosecution Prisoner Con-
IInues His Interruptions.


began his address to the jury by confessing
his unfamiliarity with the modes Of practice
10 criminal cases, which had undoubtedly
initiated against the prisoner. He
desired, however, publicly to ac-
knowledge and return thanks for the
assistance he had received from the mem
bers Of the bar here and in other parts of
the counuy-assistance cheerfullY and
voluntarily rendered, and which had very
materisllv aided him in conducting the de-
fense. All the defense asked for was fair,
candid, impartial weighing Of the evidence
by fair and candid men.
Counsel would attempt no OratOry, be-
cause he was rot equal to It, and because
he would not do it il he could. He would
address himself to the intellect of the jury.
Oratory, elCquence and appeals to the pas
sions he would leave to the counsel who
would follow Judge Porter, and he desired
TO warn them that in the effort Of the
learned counsel (Judge Porter to expound
the law or explain the evidence he would
invariably seek to influence them through
their emotions, to touch their hearts and
sway their sympathies, rather than to con-
vince their judgments.
The speaker dwelt upon the seriousness
OF the duty devolving upon the gentlemen
Of the jury in arriving at fair and impair
tial verdict, and explained the reasons for
the care and particularly observed by the
court in selecting jurors Counsel upon the
other side would insensibly add cOlOring to
the evidence, to suit their particular views,
and, though each might be honest, counsel
on opposite sides would naturally take
opposite views of the case, and in listen
ing to and reading over the same
evidence each would catch that which
seems to make for their respective sides,
AS a consequence, in presenting them to the
jury, tinged with the cOlOring of their
(counsels) preconceived opinions, neither
would IN reality present the whole truth.
Mr.. ScOVille cOmplimented the fairness,
honesty and integrity OF the counsel (Mr.
Davidge) who had opened the argument for
the prosecution, and then proceeded to
show, owing to the causes he had Just set
forth, how unfair, partial and dishonest Mr..
Davidge's comments upon and review of
the testimony had been. Mr.. Scoville said:
81 do not care to complain, although ! do
not think as counsel in the conduct of the
case | have been treated with fairness per-
sOnally. I care nothing for it but when it
Injuries the case in which nv efforts are
enlisted, then l must complain"
l hold in my hat an Indictment for
conspiracy, which l have framed In my
mind, and the object Of this conspiracy was
to hang the prisoner. Mr.. Scoville pro-
ceeded TO name the cOnspirators. viz: The Dis
trict Attorney, Judge Porter, Mr. Davidge
aud five OF the government experts, name
ly: Drs. Gray, Hamilton, Kempter, McDOn-
aid aud Wooster. ADOlOgizng for the
/ transgressiOn, Mr.. ScOYille said the habit
OF newspapers Of anticipating the processes
Of our courts of law aud complaining
against the tsrdlness of judicial decisiOus,is
a IN st pernicOus one, and antagOniZes the
very results they may be clamOriDg for.
l a = ~, e l. g...T
ment, twenty in DumbeT, are:
Firs-. They have perverted the law in
| this case. Mir. Sc0ville, in illustration or
| support OF this count, alluded to the intro
/ duci0n by Judge Porter Of the decision Of
/ Judge Davis. He said counsel upon the
/ other side Indignantly repudiafed the sug-
/ gestiOn that Judge Davis sat with CardoZ4
/ or Barnard, but have yet to learn il either
/ ever committed a more reDrehensible act
/ than that OF Davis" Mr. ScOville warmed
up with his subject and denounced in
/ severe language the extra judicial act Of
! Davis. MIR ScOville continued: "When
/ Judge Porter comes before this jury and
undertakes TO pervert evidence l shall not
keep quiet as did with Mr.. Davidge, but
! shall stop him" "
Guiteau-"S) shall l."
Mr. Scoville-'T shall stop him, ard
shall correct him, if | find he is misstating
| evidence
Guueau-''Never mind. III attend to
| him"
Judge Porter-''There will be two Gut
\ teaus then to attend to me
Mr.. ScOville at some length re
viewed those portions of Mr.. Davidge's
| argument in which the law of the case was
| stated, and claimed It was falsely stated in
every instance. That it was well termed by
/ counsel the iron rule, for it would hang
/ four ffths o the insane criminals OF the
/ country l can only express my surprise
/ that gentleman of the learning and eXpe-
/ Tience possessed by counsel forthe prosecu
/ ton should so state unless there be
! wilful pervisiOn of facts. The prosecution
/ state if the prisoner knew his act was
! wrong on the ID of July, then he should
| hang NOW TINS Is not by any means the
/ whole Of It, or a correct statement Of the
/ law. The court has added in substance as
/ follows: "Yet, If in this act he was over
powered bv consciousness coming through
his diseased mind that what he was doing
/ was necessary for the good OF the country,
/ and was specially approved by God, then
you cauno- convict him OF murder"
! Continuing, Mr.. Seville said: 1.-THE see
ond count in the Indictment is a perversiOn
/ OF the testimony. l do not know how far
! Judge Porter will 20, hat ! will allude to
! some instances in Mr. Davdge's speech"
/ Mr.. Scoville proceeded to sustain the
/ count by fea0lLg from MT. DdFlug6+bs sp6eCu
| and comparing it with the testimony.
| ooh, that's for money" called out Gut
/ teau. ''He is paid for that. He don't be-
| lieve It "
! Mr.. ScOville contended that the facts were
perverted, ard particularly he evidence as
/ to the immortality of the prisoner. "The
only allegation" said Mr.. Scovlle, "that
/ will hold against him is that Of adultery"
GuiteaU shoufed OUT Chow many inno-
cent people are there here in this court
room" and added, "not One." a moment
! later he called out: II don't care to libel
/ Christian people, but I want the record
straight l say the high toned Christian
men and women are virtuous, but the mass
/ o. mankind is not. Let that go on the re-
/ cord -
After recess Mr.. scoville proceeded to
| point out to the jury what he termed the
| perversions Of evidence by Mr.. DaYidge, after
/ which the court adjourned until tomorrow.
RAY OF HOPE FOR THE ASSASSIN.
Among the con dts" in connection with
/ the Guiteau trial Is the prediction that jury
/ man Bright will chang" the jury on the
ground that Guiteau is insane. Mr.. Bright's
father was for some years an inmate of the
| government asylum for the insane here, and
| died in that institution. The same authOri-
/ ty AYERS that the son has always been con-
sidered by his intimates as every peculiar
/ man.