The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-01-26

! in mind both these presumptions, that d
that the defendant Is innocent III
he is proved guilty aud that he is sanI
until the contrary appears they still en-
tertained what Is called reasonable
doubt on any ground, or as to any OF th,
essential elements Of crime, then the de
! tendant was entitled 10 the benefit OF tina
doubt and to acquittal. It was importan
% explain to the jury here, in the best way
that the Court could, what Is reasonable
doubt He could hardly venture to give
the exact definition Of the term, for he aid
not know Of any successful attempt to do 50
The Jury would bear in mind that mer
did not become irresponsible by the mere
TACT OF being partially insane, as the law
assumed every one-at the outset to be sane
and responsible. The question was what
was there In this case to show the contrary
as to the defendant. Thejury was not war
ranted in inferring that this man was In
sane from the mere fact OF hislcommitting
the crime or from the enormity OF the
crime, because the law presumes that there
Is u bad motive, and that the crime was
prompted by malice II nothing else ap-
pears. He had dwelt upon the question Of
insane delusion simply because the evi.
denCe. relating to that was the evidence
touching the defendants power, or
want oil power, as from mental disease.
10 distinguish between right and wrong,
as to the act done by him. This was a
broad question for the jury to determine,
and that was what was relied upon by the
defence. The only safe rule, however, was
for the jury 10 direct It's attention TO the
one test OF criminal responsibility, namely.
whether the prisoner possessed the mental
capacitya the time the act was committed
to know that II was wrong, or whether he
was deprived OF that capacity by a mental
disease. This was one Important dis
tinCtion which the Jury must not lose sight
OF and they must decide how far 1t was ap-
pliCable to this case.
The case was given to the jury, who re-
tired to their chamber to consider their
verdict.
After the jury had been out about twenty
minutes recess was taken until $50 o'clock,
Many OF the audience who had virtually
been imprisoned since $50 A.. NJ. ayailed
themselves Of the opportunity to obtain
fresh air and lunch. The prisoner at his
request had been allowed, soon after the
! Jury left the court room, to retire to the lit.
tie room he has occupied since the trial be-
gan us waiting room. Before leaving the
court room he evinced considerable ner-
vousness, but on getting away to the COM
parative seClusion OF this room, his usual
composare and assurance soon returned to
him. He sent out for some apples, with
which he treated his attendants, mean
while chatting familiarly and good na-
turediy.
lie was asked what he thought the jury
would do and replied: AZ think they
will acqnit me or disagree, don't you ?"
Within ten minutes aiterrecess had been
taken the jury called to the bailifr in wait
ing that they were ready with a verdict.
They were informed that a recess had been
taken and that Judge Cox had left the
court room, 50 they remained in their room
until the court reaSsembled. The rumor
that the jury hadagreed was quickly spread
from one TO another and the excited crowd
surged back into the court room and anx-
iously awaited what all seemed to expect,
"a verdict Of guilty.
The musty, antique room is devoid OF
gas, and score or more Of candles, which
bad been placed upon the desks for the
Judge, counsel, and reporters, impaired a
weird and fanciiully unnatural aspect to
the grim old place. Shadows thrown upon
the dark background OF the walls, seemed
like lifting speCters to usher in the sombre
procession OF those who held in their hands
the destiny Of human life. First came the
prisoner, with quick nervous step, and as
he seated himself in the dock, perhaps for
the last time, the light Of solitary candle
fell full upon his face and disclosed It's
more than usual pallor. Not tremorof his
limbs, or movement Of the muscles OF the
iace 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 afterwards took his seat.
The crier called Order" and the jury, at
5:S5, filed slowly into their seats. Every
sound was hushed save the voice Of the
clerk as he propounded to the foreman the
usual inquiry. Clear and distinct came
the reply, 1--WE have"
guilty%
With equal distinctaess came the reply,
"Guilty as indicted"
The pent up feelings OF the crowd found
expression in uprOars and demonstrations
OF applause and approval. "0rderw "Or.
der" shouted the bailiif. Scoyille and the
counsel for the prosecution were simutan-
eously upon their feet. Scoville attempted
TO address the court, but the District Attor.
ney shouted:
wait until 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. ave do, all respond.
ed.
Another demonstration Of approval fol-
lowed this announcement, but not so pro-
tonged us the first.
Scoyille, still upon his feet, demanded a
poll OF the jury, which was granted and
each juror was called by name, and each
IN firm voice promptly responded
guilty"
As the last name was called the prisoner
shrieked ."AIy blood will be upon the heads
OF that jury, don't you forget it."
seoyille again addressed the court, saw
Ing: "Your Honor-I do not desire to for
felt any rights may have under the law
and the practice in this district. II there
is anything that ought to do now to save
those rights ! would be indebted to your
honor to indicate 1t 10 me-"
Judge Cox, in reply, assured him that he
should have every opportunity; that the
charge would be furnished him in print
tomorrow, and he would be accorded ali
the time allowed by law within which 10
file, his exceptions. and that he would also
be entitled to four daYs within which to
move in arrest Of judgment.
Guiteau (who from the moment Judge
Cox began delivering his charge, had drop.
ped comptet, ,iy his airof ftippauif ri o ;ance
and sat with rigid features and compressed
lips called out in tones Of desperation;
God will avenge this outrage"
said:
"GENTLENEN OF TIE jury cannot ex-
press too many thanks for tho manner in
which you have discharged your duty, and
you have richly merited the thanks Of your
countrymen, and l feel assured that you
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