The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-04-10
THE ASSASSIN.
Bill of Exceptions in Guiteau's
Case.
A SUMMARY or ITS CONTENTS.

WASHINGTON, April S-The bill of excsp-
lions taken in the case of Charles j. Guiteau,
and signed by Judge Cox OF the criminal court
have been printed and make pamphlet OF 80
pages. There are 80 exceptions as to matters
occurring up to the time when the case was
given to the jury, and exceptions also to the
rulings of the court denying new trial. and
overriding the motion in arrest OF Judgment.
They may be summarized as follows:
First-On the ruling of the court IN allowing
the government to put in testimony as to the
plea of insanity in rebuttal.
Second-On the admission of r. S. McAr-
thurs testimony that the prisoner had obtain
ed 800 from him on a note, which had not
been paid.
Third-On the admission of the testimony
of Charles Wehl that the prisoner IN 1877 COL
lected over $500 for Emil Haas, client, which
he failed to pay over.
Fourth-On the overruling of the defend
ants testimony of Wehl as to conversations he
had with the prisoner after he had failed to
pay over to Haas the moneys collected for
him.
Fifth-On the overruling of defendants
Shaw, detailing conversations he had with the
prisoner in 1872 or 1873 in which he (the pris-
oner) spoke Of sticking some one with brass
watch.
Sixth-On the admission of testimony Of
Shaw as to the prisoners speaking OF borrow.
Seventh-On the admission Of the following
question and answer in the examination of DIR.
Fordyce Barker: "Is the habit of boasting of
intimacy with people holding high position
and possessing influence and power, when the
fact is otherwise, any evidence, in your judy
ment as scientist, of an insane delusion."
Att is not an evidence of delusion of an
insane person because it is not the result of a
disease, and insanity is disease; It's result
of vanity and self conceit and love of notori-
ETY.. These are vices and not diseases.
Eghth-In the admission of the testimony
of Henry M. Collyer, that the prisoner, in 1873
collected, as attorney for Rees, Bros. q Co..
SIT, which he refused to pay over
Ninth-In allowing j. M. Justice, witness,
to be asked his opinion of the prisoners power
to distinguish right from wrong, an exception
being made to the answer that he believed
the prisoner able to distinguish right from
wrong.
Tenth-In the admission of the letter adj
dressed to Col. Corkill, submitted December 10
to which the defence objected on the ground
that it was INCOMPLETE, piece having been cut
out.
Eleventh-To the admission of the testimo-
ny of Annie Dumire, formerly tue wife OF the
prisoner, that when she lived with CHIN, from
1869 to 1874, she never saw anything that
would indicate that he was of unSound mind.
Twelfth-To the admission of the answer OF
DR.. A. Mel, Hamilton, as to the prisoners
sanity, II believe the man to be sane, although
eccentric, and to be able to distinguish the
difference between right and wrong, and to
know the consequence OF any act he may be
doing"
Thirteenth-To the admission of the sanswer
of DR.. Hamilton, that there are great many
medically insane people who do. not know the
difference between right and wrong
The fourtee nth, fifteenth, sixteenth, seven
teenth, eighteenth, nineteenth, twenty-foarth,
twenty-ffth, twenty-sixth, twenty-seventh,
twenty-eighth and twenty-ninth exceptions re-
late to the admission of the Hypothetical ques-
tions of the government and the replies there
to of various experts.
Twentieth-To the admission in the testi-
mony of DIR. Stevens, who saw the prisoner on
several occasi in Jail and conversed with
him, of the question if there was anything in
the statements of the prisoner to indicate that
he was under an insane delusion when he muir
dered the President, and his answer thereto,
that he could not take his statement in itself
and by itself as evidence of insanity.
Twenty-frst-To certain questions asked DR..
o Everets, who, with other medical experts,
| examined the prisoner, as to his Gopinion from
| that examination and his answers that he had
an opinion and it was that he was sane.
Twenty-second-TO allowing Dr. b. Il. Nc
Donald to be asked: lis an impulse success
| fully resisted for two or three weeks irresisti-
| ble?" and allowing the answer to be given: II
| should not consider it So
Twenty-third-To allowing the statement OF
DIR. Mcdonald to go to the jury, that the news
papers commenced to notice the fact that the
Interruptions were only given when the evil
dence was against him.
Thirtieth-T the efusal of the court to
strike out from the testimony of DR.. Kempster
II asked him whether he considered the apos-
ties insane. He evidently discovered the di-
| lemma he was i'm
Thirty-frst-To the refusal of the court,
while evidence In sur-rebuttal was being offer
ed, to allow defendant to examine but one wit
ness (James Brooks named in the affidavit Of
Mrs. Scovile
Thirty-second- On refusal of the court to al
low DIR. George NJ. Beard, medical expert
called by defendants in sur-rebuttal, to answer
the Hypothetical questions.
To the charge Of Judge Cox, no less than 36
clauses are made the subject Of exception.