Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-11
GUITEAC TRIAL GOSSIP.
Talk About Judge CoN'> Rulings.
BOTH SIDES EXPRESS rHFxsELvrs SATISFIED.

| popularity OF Judge Cox's rulinqs Yesterday
or perhaps an indication OF the disposition Of law
yers 10 take bright view of eveythtng-is that ft
seehH To have given equll hope and confidence to
The counsel on both sides OF the case.
DISTRICT ATTORNEY CoRkRIIL SAYS THE RULINGS
ARE FAVORABLE
District Attorney CorkhuL when asked tnIS
morning by a STAR reporter how the rulings wer,
regarded, replied LAS favorable
Favorable TO what ?" he was asked
Favorable TO the prosecution"
Inc reporter having suggested that some pao-
Pc regarded the rulings rs favorable to the
defence, the district attorney said: at must De
Understood that THESE rulings are entirely distinct
from the cn&rge ID the Slry. When Judge Cox
comes ID charge the jury ani apply hiS rulings 10
tnS tactS or the caSp. no one vii consider th9t
there Is anything favorable tn the defence" Mir
@ @i.li reiiaFhe', that the Judge had demolished
.e theory OF irresistible impulse which seemed 10
Ue Il pet theory witt! the defence.
Mr. scovItIE SAYS THE DEFENCE Is SATISFIED
MI. oco'iue was found In very pleasant frame
or mimi this morning.. '.You can say the defence
Is satisfied with the rulings The Shirt OF our
prayers have been sIlStainei Nv Judor. Cox If ha
uthFefS the charge 10 the jury On the Same basis
ti0nS' ~
Mr.. Sc0ville maint3ined that Judge Cox had
sustained The main points OF the defence. ANA that
lae question o. reasonable doubt was let Just as il
ou9ht our, I" go 10 The Jury Whrn asked whether he
'llie SAID: Il think they Wiz agree"
"Agrce:'
"Yes, agree on acag!ttal do not thtn-, that
jury VIII be influ need 10y popular feeling"
, "JGtse Cox" Mr. Scorillc continued s'has
g oiiougn, NOR OF lis future reputation than his
present popuiariiy.'
AEssKs. REED AND JOHN GUITEAU ALSO WELL
MI Reed expresses himself as well pleased with
the judges Instructions. Mr.. John W. Gulteau Is
also well pleased. He thinks the feeling against
ms brother has changed, and is now confident that
the jury viii disagree. il IL don't aGuUi-
Alter court al icu.ned yesterday MrSsTss SroyiIle
heec ana j. W Guitc:u called upon lge Cox and
congfatulatnd him, thanking hm for his fmpir-
uaty. Jude Cox remarked tnat he thought the
prosecution would be better satisfied than the de-
fence.
JUDGE cox on THE QUESTION OF "RE.soS,EIE
DOUBT"
In commenting upon the prayer OF the defence
asking the court to Instruct the jury that they
must acqutt II they have areascnabic doubt Of the
sanity OF the accused Judge Cox said Still another
We" Is That the sanity OF the accused is Just AS
much part OF the case OF the prosecution as the
homicide Itself and Just as much an element in
the crime Of murder, the only difference hsar
that as the law presuineS every one 10 De sane ID
Is not necessary for the government 10 nrofnCe
affirmative evidence OF the sanity, but that If the
jury have reasonable doubt ol the sanity they
are just as much bound ID aclut aS il they enter
talned reasonable doubt OF the commission cf
the homicide by the accused. After a careful eX-
animation Oh the authorties-Sone OF which are
mere dicta, and Others not well considered
or even consistent statcments OF opinions
l am sal. SIZED that the best reasons ami
most weighty of them sustatn the views which
| now proceed 10 state. / have examined All
the authorities with great care over and over
again. The eases that are referred 10 IN sun .ort
OF the second rule are somewhat more NUM- rous
than the Others Some O. taem, however, turn on
the statutory definition OF the crime OF murder A
great many of the Eases are mere dict4 and some
OF them involve utter contradictions. Not one OF
them contains the least show or argument MiIh
US there Is no Statutory 'fnitton OF III irier. We
have the common INV definition o. murder as o.
curing when homicide l. coInfaitt d By q per-
son OF sound memory, discretion. etc. The opinions
which support the last view t:eyi iett,y entitle
10 most confidence. They reasoned out from first
principles, ana their reasonlngs have been un-
answered, aud, In nay Judgment, unanswer-
able. la the case OF Stone, tried in this
court, few years ago, the Instructions
fence or insanity Is required 10 be made out 10y
most clear and convincing PROOF. Ia UliS case The
jury must judge or the evidence offered t. sustain
the aeiehce; "hd Ii, oh consideration 81 al Ia. evil
dence in connection with the presumption til 1t /
what man does Is Sanety done the jury tntertainS
reasonable doubt as to neither the prisoner con-
nltted the homicide, as charged, 10 whether
at Tie time OF its c0iunSSJ il5 was IN tre 81 ta
OF mind, they must acquit him" shall however
adopt the ~ 5gcStion winch Is tOund in some u t.e
bJer tes-tAut is, not 10 Instruct me iury
TO acquit ii tley feel re's enable dount about amy
one tGct ia eloSue but shall inst Ii ia n Is 10
the n ,tre OF TIE crime ma IS 10 al tle Clements
composing il, lhGuding that of resp n,ieiiity.
Shall Instruct them rs 10 tle preSin- tDn
ceilcr and Ihity, ana shall tell them naatlg, that
Oit tnc Whole evidence ana on tla CUn1i tGftIon ui
bot these presuinptions, il they nave a reasonable
douht uf Jhe "a IL or the prisoner Iae Prisoner Is
entitled 10 an acQuttiL
TRIAL NOTES.
Judge Cox, in delivering his instructions yester-
day, modified the first prayer oi t4e prosecution !
regarding the test OF responsibility SO as to read
as follows: The legal test OF responsibility when
insanity is set up defence fer alleged crime is
whether the accused, at the time OF committing /
the act charged, knew the difference tween right
and wrong IA respect OF such act Hence. in bae /
present case, ii the jury fin that the accus COM
lnitted the act charged in the Indictment ana an
the time or the commission of his crrns knew
what he was doing, and that what he was doing !
was contrtry TO the Law OF the land. he is reSp0n-
Siblo unless In consequence OF insane mcnt Al de-
fusion or other form OF mentu II disorder, he WAS /
laboring under sucn defect OF reason as to be fn-
or the llnd, ard the duty and necessity OF obedi-
ence to 1t, and Ii understanding that his act WAS |
wrong because it was in violation OF the law"
Members OF the bar generally regard the deciS- !
ION of Judge Cox, announced in the Gulteau case |
yesterday, as very fair one
SUDDEN DEATH IN HorEI--CoL Lewis Porter. |
former assistant postmaster under Judge Ed |
munds' administration OF the Washington city !
night at the Gushing house, on c street. He was /
staying at the Metropolit1n hotel, and had Just |
when he was taken i'll. lie was from Grand |
RAPIDS, Mich, where the remains Will be sent for
burial
SENTENCED FOR KEEPING A POLICY SHoP.-John !
Turbey and Jos. J. Robinson, two young white |
men, were charged to-day in the Police Court with |
keeping policy shop. Turby, through his coun-
sci, A. B. Williams, entered plea OF guilty, and
the court sentenced him To pay a fine OF $40 or 60
days in JaiL The charge against Robinson was
nOlle pressed
Affairs i'm West Washington.
WASHINGToN AND GE0RGETowS RAILROAD Com
PANYs ELECTI0N.-The annual meeting or the
OF the Washington and Georg
Railroad Company WAS held to-dly. The follow
ing were elected directors: WA. Orne, Wm r.