Nebraska advertiser., 1882-02-02
THE GUITEAU TRIAL.


cd by the prisoner The first sensation OF the
day was the reading 10y Mr., Dayidge of the
charge OF Judge Davis, of New YORK, In the
Coleman murder case. Mr.. Scoville objected.
20 affect the Jury. Judge Cox ended the dis
pute by saying that the matter was un-
doubtedly authority. As Davidge re-
sumed Guteau shouted 81 want to
get this thing right before the jury. Every
one knows that the jury In the Coleman
case gave verdict against that charge, and
the prosecution knows IL well" The effect
was electrical whom Davdge In the most de-
libcrate ana earnest manner, said: Your
Honor this man was for three weeks held up
to us as an imbecilc, and now listen to him! He
and wrong, but he understands fully the law Of
the case Guiteau replied: "Transitory
manin-thnts my case. dont pretend
head ns you or Porter, but Scoville isa fool.
rcpudiate him and his whole theory Of
defense All I want is two hours before that
jury, and j can settle this thing all right"
Mr.. Dayidge then read and elaborated the In
strictions which the prosecution asked the
Court TO give the jury. Mr.; Reed then opened
asked for by the defense. As to- insanity Mr..
Reed said the better doctrine was that, III the
Jury had II reasonable doubt of the sanity of
the accused NJ the time of committing the act,
they should acquit. The Court should instruct
as " what constituted reasonable doubt"
Mr.. Scoville commenced his argument, but be-
fore he had proceeded far the hour for adjourn
mont was reached and the Court adjourned
until the 9th. .. ......
WHEN the Court WIS opened on the 9th
Guitcau said: :" have received some 800 let
ters, great majority OF them from ladies.
When ! get time l shall attend to them.
want 10 send my greetings to the ladies of
America, and thank them for their sympathy
They don't want me to be hanged. Public
opinion IL fast changing. I received Satur-
dny check for 81 900 from the Stllwarts of
Brooklyn, and another for $500 from the stall
warts OF New York. want this jury TO un-
.derstand how public opinion is on this case"
Mr Scoville then resumed his argu-
ment on his request for instructions.
He laid stress upon the proportions that
insane men often knew the difference be-
tween right and wrong and for that reason
conceal their plans, and that the benefit of the
doubt should attach To the plea of insanity
when raised with the same force ns when urged
in connection with the commission of crime.
His allusion 10 the decision of Judge Davis,
who went out of his way" he said, to pass
upon something not involved In the case he
was then considering brought Judge Porter
10 his feet with IN Indignant reply that the
charge was false. The Court warned counsel
not to indulge In personalities Mr. Scoville
concluded his argument 10y making a few re-
marks of personal character. Abiding to
his controversies with Judge Porter, he dis
claimed any intention to trunsgrcSS the
bounds of prOpriety or the rules of practice,
but he should criticise the conduct of counsel
when II merited criticism. and threats of pros
ecution would not intimidatc him, Citing the
ing to the jury upon entering, Scoville said:
Sometimes II is three bows all around; some
times more; never less than three IL has
never been done by counsel upon this side,
and do not hesitate 10 criticise the propriety
of It," Judge Porter said Mr.. SEQ
vile was simply nstancng his lack
of politeness III the counsel for the defense
had no apology to offer, he porter
should certainly not apologize for him
Mr.. Corkhill then addressed the Court for one
hour, speaking mainly to the question of juris-
,dictiOn raised by the defense in its prayers for
instructions. Mr.. Davidge discussed the ques-
ton of malice, which, he said, i'm legal
sense, meant the intentional doing of II wrong
ful net. He discussed seridttm the instruc-
tions demanded by the defense, and pointed
out their sophstries and Inconsistencies"
1.-THE object of the prosecutions" he said, "is
to obtain from your Honor plain. clear and
direct ruling upon four distinct propositions.
The apparent object of the defense has been to
befog all that may be clear i'm this
case, In the vain hope that they may
get to the jury with some uncertainty at
tached In some way to the case, upon which TO
build up plea for acquittal. Why, your Honor.
I'm the course of thirty years practice, have
never seen such prayer as this one offered by
the defense. IL has no justification; II has no
excuse. We don't want obscurity in this mat
ter; we want light. We don't mean to let this
prisoner escape IN a cloud, but we want from
your Honor clear and pcrspicuous ruling, so
that twelve average men sitting upon the jury
cannot possibly go astray. Mr.. Davidge Sc
verely handled the eleventh and twelfth pray
ers Of the defense, and characterized them as
mean attempts 10 cast aspcrsions upon experts
who had testified for the prosecution and upon
counsel fOi the prosecution themselves. The
| Court then adjourned.
In the Guiteau trial on the 10th Judge Porter
addressed the Court in behalf of the instruc-
tons asked for by the prosecution. He re-
ferred To the disorder which has characterized
the proceedings ON the part of the defense, and
then spoke OF Mr. Reed argument as lawyer
like and based ON the only law points which,
|
| defense. OF Mr.. Scoville's argument, he said
| II GOULD only have been delivered by one of the
| FAMILY or Guiteau, who, as he himself had
boasted, had learned his law in the police
| courts, and acquired his manners among hoOt-
! ing owls in the woods of western Ohio He
| then proceeded TO eXpound the law on the sub
teet p ,b OF msieei referring to hs lying in wait
| less vaRabond the man to be selected and
inspired by God, q cheat, n swindler creature
OF yilest hnbity He, then, IL junior in the firm
| OF Jesus Christ Co. This murderer, tracking
his victim at night, at church, at railroad sta
tion, everywhere, I'LL the deed Is done. Bui
! grant this hideous pretenson, and allow tho
| Inspiration of Paul, which he impiously
4 quotes; that does not protect, as II did not pro
tect Pau from stripes and death He wen
on 70 say that, although the President hat
| died, the Government still lived and his sue
cessor was prosecuting the assassin. Under
| misapprchension that the law was stronger
| than the prisoner, Guitcau seemed To thinl
that he was stronger than the law Here Gui
teau interrupted the speaker and said: 81 dC
not claim 20 be stronger than the law, bu
God Almighty Is stronger than the law
| You Will come before God Almighty pres
entity said Porter soemnly. "Until theI
you would do wen to refer but little 10 Him
| you will feel soon what you have never felt be
| fore, the divine pressure or hangman'
| moose" The prisoner had sworn on the stan,
that he was predcstincd TO, remove the Presi
dent He had forgotten To say that he wa
also predestincd to be hung for II. speaking
again of his interruptions and of the prompt
ings of his family, Porter said he had Il su
preme contcmpt OF all Guteaus--not the ro
spectacle ones-but those who sympathize
| with the assassin. Mr.. Porter then took u
the authorities cited by the defense
pronouncing them either unsupported Q
bad Mw from obscure benches. III
sneered mt the assertion of Scovillc thu
the antquatcd arguments OF the prosecute
could not stand in the light of those of th
defense, which purportcd 10 be the outgrowt