The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1882-01-12
THE ARGUMENTS
OF the Attorneys in the Trial of
Guiteau.
A Resume of the Arguments for the Pros
ecution and Defense-The End of
the Trial Drawing Near.
SATURDAY.

SATURDAY.
WASHINGTON, January THE court
room was crowded this morning, the
majority of the spectators being ladies'.
The JuTymen were in their seats at 10
a. H., and Judge Cox entered few min
utes later. Guiteau looked sternly
around at the audience. He wore a
stubby beard of weeks growth. The
Court announced that it was not neces-
sary for the jurors to be detained to-day.
Mr. DaVidge was of the same opinion,
thinking the whole time would be Oc-
cupied in argument. The jurors might
take walk or ride. He would do some
thing of the sort himself if he had the
privilege. The foreman whispered to a
Deputy Marshal that his fellOw-suffer-
ers and himself did not wish to miss
anything in the trial. Dayidge then
addressed the Court in support of the
prayers of the prosecution. He urged
that no irresistible impulse or inspira-
tiOn had been proved, and that legal in
sanity had not in any sense been
proved. DaVidge desired particularly
to direct attention of his honor to the
fact that the first prayer of the pTOsecu-
ton was ciTcumscribed within the
| limits of human intelligence. 1t sim
| ply prOfessed to impress that legal rule
in respect of how much human intelli-
| gence it required to make human be-
| ings amenable for a violation of law.
| The whole import of the second prayer
was that no human being whose intelli-
| gence reached the standard described in
| the first prayer is responsible for the
| violation of law, no matter what his
| feelings, his passions, or his indiffer
ence to duty were. The third prayer
asked the Court to define just when in
| gu, Il I,F, h..
| point of the law, and the fourth set
forth that moral responsibility had
not been established in this case. With
regard to the prayers for the defense,
| their tendency, as far as they iufTinged
on the rules laid down by the prosecu-
tiOn was simply to produce confusion
ana Obscurity. In his Judgment, they
ought not to be entertained for an in
| stant. Counsel called the prisoner an
assassin several times when contrasting
him with his illustriOus victim, but
Guiteau said never a word. A man."
| continued Mr.. Davidge, might be par
TALLY insane but if he rose to the point
| of Intelligence, that he knew the differ
ence between right and wrong, and
| knew what he was doing was wrong,
| then he was responsible for the crime
The whole argument was i'll this strain.
One or two sharp words passed betWe
/
| nihed, but somewhat angry in his mau-
ner at times. The prisoner shouted dcX-
| citedly one time: II did not know the
difference between right and wrong,
and had no choice. Ii l had, | would
not have done it," I'VE will see here
| after" sOlemnly added Davidge,
| whether the prisoner had any choice
or not" Counsel then read from au-
| thOrities showing the responsibility of
| from N N A Ia
| cOntending that if accused was con
| sciOus his act was contrary to the law
| Of the land he was punishable. Judge
| Porter relieved Dayidge from reading
| citation, stating that the voice of his
associate was hOaTse. The authorities
| quoted included prominent cases in
English and American jurisprudence,
| in accordance with the preliminary re-
| marks of Davidge. ScOVille, noticing a
desire on the part of Porter to inter
sperse few words apparently for effect,
protested warmly against any speeches
being worked in to the injury of the
defense. Porter answered Indignantly,
and declared in sepulchral tones that
this farce mnst end. They had arrived
at period in the trial when they stood
upon their rights, and the counsel for
the defense must not make any such
| broadcast and unfOunded accusations.
"If," exclaimed Porter, 'the gentleman
does not receive a rebuke from his
Court, he will receive it from others. |
have merely read the decision of Judge
Davis in the Coleman case"
"Yes," bawled the assassin, "and the
| jury went against the Court"
81 hope there will be no alteration
between counsel nOw,'" said Judge Cox,
sternly.
Here is a man." said Davidge, Sc.
verely, who pTetends to be insane.
| Listen to him; he not only knows the
| difference between right and wrong,
but he knows the law and recent deci-
| siOns in criminal cases."
That's all right" shouted Guiteau.
| Il don't pretend to be any more insane
| than you are. l was affected with tran
STORY mania,"
The man, remarked Davidge, "knUws
the law as well as any counsel here"
That's all right" again cried
Guiteau. 81 do not pretend that
DON'T [Laughter.1 81 am as well
posted as you are"
Three weeks ago." continued DAY.
idge, ''ScOville claimed that the fellow
was fool"
That's sO,'' shouted Guiteau, "Sco-
vile is fool" [Laughter.l "I want
him off the case, and can do the busi-
ness myself.
keep SILENT" ordered the Court.
"Yes, your honor" answered the pris-
oner, but wanted this idea of insan-
ity repudiated."
| Davidge then declared that there
could be no question of Guiteau's re-
spOnsibility. There was another quar-
rel between the counsel and Guiteau.
| The Court endeavOred to keep Guiteau
quiet. He insisted, he desired merely
to get everything "squarely" before the
| jury. Day1dge continuing, said he de-
sired by the first prayer to put the con-
stitutlOn of Guiteau beyond the pOssi-
bility of a doubt. They were not trying
a man of ordinary intelligence but
lawyer. Here was another outbreak on
the part of the assassin in the usu
strain, and he was with great difficulty
suppressed. Dayidge then continued
explaining the prayers, and said they
simply called for an instruction 10 tie
| jury that insanity was deflnGble by law,
and was founded upon disease; that it
was an impression OF the perceptiye fac
ulties or a degraded moral sense. The
man is in the custody of his own mind,
1