Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1882-01-27

and moral oblquity, between the mental in
capacity to distinguish between right ant
wrong and the moral insensibility to that dis
tinction. Judge Oox's closing words were Of
follows:
"And now, gentlemen to sum up all have
said to you, il you find from the whole evi.
denoe that at the time Of the commission Of
the homicide the prisoner was laboring under
such a defect of his reason that he was inca.
pablo Of understanding what he was doing,
of seeing that il was a wrong thing to do
as, for example, il he were under the insane
delusion that the Almighty had commanded
him to do the act, then he was not in re-
sponsible condition of mind, but was an OBJ
iect of compassion aud should be now &C.
quilted. II, ON the other hand, you find that
| he was under no insane delusion, but had the
possession of his faculties and had power to
know that his act was wrong, and il, OF his
own free will, he deliberately conceived the
idea and executed the homicide, then, wheth-
| err his motive were personal vindictveness,
political animosity, desire to avenge sup
| posed political wrongs or a morbid desire for
notoriety, or il you are unable to discover
any motive at all, the act is simply murder,
and it is your duty to find verdict OF guilty
as indicted; or if you find that the prisoner
is not guilty by reason of insanity it is your
duty TO say 80. You will now retire to your
The Verdict Of Guilty.
After the jury had been out about 20 min
utes recess was taken until $50 o'clock.
Many of the audience, who had virtually been
imprisoned since half pas. . in the morning.
availed themselves of the opportunity to OBJ
tain fresh air and lunch The prisoner, nj
his request, had been allowed, soon after the
jury left the courtroom, TO retire to the little
room he has occupied since the trial began as
a waiting room during the recess. He sent
out for some apples with which he treated his
attendants, meanwhile chatting fsmiliary
and good .naturedly. lie was asked what he
thought the jury would do, and replied II
think they will acquit me or disagree; don't
your"
Within 10 minutes after the recess had
been taken, the jury called to the bailiG in
waiting that they were ready with their YER
dict. They were informed that recess had
been taken and that Judge Cox had left the
courtroom, so they remained in their room
until the court re-assembled The rumor that
the jury had agreed was quickly spread from
one to another, and the excited crowd surged
back into the courtroom, and with eager ex-
pectancy awaited what all seemed to expect
a verdict of guilty The musty, antique room
is devoid of gas and the score or more can
dies which had been placed upon the desks of
weird and fancifully unnatural aspect to the
grim old place. First came the prisoner,
with quick, nervous step, and as he seated
himself in the dock, the light of solitary
candle fell full upon his face and disclosed its
more than usual pallor. Not tremor of the
limbs or a movement of the muscles of the
face was observable as he threw back his
head and fixed his gaze upon the door through
which the jury were to enter. Judge Cox
soon afterward took his seat, the crier called
order" and the jury at :. 35 filed slowly into
their seats. Every sound was hushed save
the voice of the clerk as he propounded to the
foreman the usual inquiry Have you
agreed Z" Clear and distinct came the reply,
1--WE have" what is your verdict guilty
or not guilty 7" With equal distinctness came
the reply, Guilty as indicted" Then the
pent up feelings of the crowd found express
sion in uproarous demonstrations of applause
and approval. "Order ORDER" shouted the
bailitis. Mr.. Scoyille and counsel for the
prosecution were simultaneously upon their
feet. Dir. ScOville attempted to address the
court but the district attorney shouted, wait
till we have the verdict complete and in due
form of law" Order was at length restored
and the clerk again addressing the jury said
Your foreman says guilty AS indicted. So
say we all of us Z" 1--WE do" they all re-
sponded. Another demonstration of approx
al followed this announcement, but not so
prolonged as the first. ar. Scoyille, still up
on his feet, demanded a poll of the jury,
which was granted, and each Juror was called
by name, and each in a firm voice promptly
responded Guilty" As the last name was
called, the prisoner shrieked: My blood
will be upon the heads of that jury Don't
you forget it," Later on he shouted in tones
of desperation, God will avenge this out
rage"
With cordial expression of thanks for the
manner in which they had performed their
duty, Judge Cox dismissed the jury. Guiteau
was then placed in the van and driven away,
followed by the jeers and yells of the crowd.
MIR. Scoville will probably file motion in
arrest of judgment and for a new trial on ex-
ceptions. The law gives the defendant four
days to file the motion and reasons for a new
trial, and 1t is customary for the court to sit
some day to hear the argument thereon. II
the motion is overruled, the defendant will
appeal to the general term, and under the law
the defendant is entitled to a suspension of |
the sentence until after the next general term,
not exceeding 80 days. The January general |
term is now in session, and the case cannot 90 |
there, but will be appealable to the April |
term. In any event Guiteau cannot be hung |
before July.