Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1882-01-12
THE ARGUMENT.
All TestfmS0y In and Argcm~u, ~
ing N ad- I'm SIS E...seau ase me-
THIRTY.NINTH DAY

was followed by the closest attent;on
The jury was told by the Judge that
they might be excused for the day. hnt
they all preferred to remain and listen
to the arguments.
The prisoner assured the counsel that
he would not take part to-day, but
would insist in making any comments
he deemed necessary to set them right
on either side. As the arguments began
Guiteau pretended to read letter.
but followed Davidge with the closest
attention; the few Interruptions he
made were unnoticed by the counsel.
When Guiteau called out: II didn't
know the difference between right and
wrong, if l had l would not have done
i'll" To this Davidge said, Eve " i'll come
to that by and by''
The first sensation of the day was
caused by the reading of Judge Davis,
of New York, the charge to the jury in
the Coleman murder case
Judge Porter relieved Davidge, and
read from newspaper slips. 4
Scoville, with Impotence, objected to
any more such dramatic efforts on the
part Of Judge Porter, intended for eff
feet on the jury, and insisted that he
Porter might as well read stump
speech. That he Porter knew that il
had no bearing on the case.
"Of course .he knows it, shouted
Guiteau, ''it is directly against the
charge of the court"
Judge Porter repealed the intimida-
ton, and insisted that this farce which
nad so long been enacted by the coun-
sci for the defense must now stop. If
not rebuked by the court it would be by
others.
Judge Cox eluded dispute by say
ing the matter read was undoubted au-
thority. It's applicability to the case
could be commented upon by the
counsel at the proper time.
AS Davidge resumed, Guiteau again
shouted; 81 want to get this thing right
before the jury. Everyone knows all
about that Coleman case. The jury
gave verdict against the charge and
this prosecution knows it we'll"
The effect was electrical, when Da-
vidge, in deliberate tone said "Your
honor, this man for three weeks was
held up to us as an imbecile, and now
listen to him. He not only knows the
difference between right and wrong but
understands the law of the case"
Guiteau-Transtory mania, that is
my case. l don't pretend l am insane
now. l have got as good head as
you or Scoville. He is fool, though
l repudiated him. All | want is two
hours before the jury and l can settle
this thing all right.
The scene was lively for a few min
utes. Judge Cox raped for order and
Guiteau was forced to sit down, and
Davidge continued to the end of his ar
guments without further interruption
from Guiteau.
FORTIETH DAY.
After the usual squabble between the
prisoner and bailit who was trying
to make him keep still, Scoville resu1n-
ed his argument. He proceeded tor
an hour commanding marked atten-
ton, when he finally made a personal
allusion about Judge Davis, who, he
said event out of his way to pass upon
something not included in tie case he
was then considering" This remark
brought Judge Porter to his feet with
the indignant replv that the charge
was false.
A lively discussion here followed be-
tween Scoville and Porter. when Judge
Cox warned the counsel to abstain from
all personalities. Scoville finished his
argument about twelve o'clock, and
recess was taken.
Corkhill said he had not intended
to speak on the legal points, on the as
surance of the defense that the ques-
ton of jurisdiction would not be raised,
but as the last two prayers of the de-
tense distinctly made that issue, he felt
it his duty to address the court on the
question, to which he had devoted
much careful consideration. He then
proceeded to read from printed slips
an exhaustive argument on the subject
of jurisdiction. His argument occupied
the attention of the court for an hour.
| Davidge then addressed the court on
the general propositions contained in
the PRAYERS. ~ don't think it neces-
sary," he began, "to avert to the ques-
ton of jurisdiction at this time"
"a very wise decision" piped in the
prisoner.
| DaVldge then discussed the question
of malice. which he said in its legal
sense meant intentional doing of q
wrongful act.
Davidge discussed the seriotiHI
prayers of the defense and pointed out
their sophistries and Inconsistencies.
The object of the prosecution, he said,
is to obtain from plain, clear and direct
ruling upon four distinct propositions.
The apparent object of the defense has
been to befog all that may be clear in
this case with the vain hope that they
may get to the jury with some uncer-
tainty attached in some way to the case
upon which to build up plea for ac-
quittal, Why, your honor, inl the
course OF 80 years practice | have
never seen such a prayer Is this one
offered by the defense. 1t has no JUS
tification; it has no excuse. we don
want obscurity in this matter; we want
light. We don't mean TO let tins prs
oner escape in a cloud, out we want
from your honor clear and pefspicuous
ruling, so that II average men sitting
| u Ia ct