New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-10
THE TRIAL OF GUITEAU.
THE LAW ARGUMENT CONTINUED.

In the Guiteau case yesterday, NJ. ScOviIle
resumed and concluded his argument for tho
defence upon the law points He endeavored
to show that the decision in the NcNaughten
case has for years ceased to be an
authority either in England or Amer
ica. He asserted that the words read
I from the charge of Justice Davis In tho
4 Coleman case were mere oJHer dicta and not
entitled TO consideration. He also claimed that
malice in law was iH-w.ll and not deliberate
/ intention. Dis'rict-Auoncy Corlhin read a
! brief on the subject of the jurisdiction of 'ha
/ Court, that question having been m ,cd by ths
/ defence. Mr Davidgc replied 10 Nr. Scoylc'A
! argument, and judge Porter defended Justice
| Davis. The argument for the prosecution VIII
be concluded to-day by Judge Porter.
Mr.. SCDEiLLE N NO A1HABLF MOOD
iBY TELEGRAPH To- rHE rRrnrvrl
| WAsHlSGToN, Jan. 0.-Sull another dav has been
occupied by counsel In the arguments upon tho
prayers 70 the Court, and tho end Is not yet judge
Porter is still 70 speak tomorrow but viii not tzks
! more than m hour Then Justice Cox viii announce
his decisions. Whether or not the arguments TO he
! jury can begin Tomorrow viii depend, of coure,
upon the time used by the Court in doing tins
The proceedings began to-day with q speech
from Guiteau III tho dock in which be remarked tkat
many Of his letters were from ladies' expressing
the hope that BE- would be acquitted. Tie jurymn
we're IN their seats. a fact Of which Guiteau vas
aware when he made this little exhibition Of his
now wol-known powers as a jury lawyer TIE
speech included a greeting fun Of his swaggcri1.
cOnccit to the ladies' of America
Air. ScOyilie then resumed the rambling dscourts
| suspended on Saturday. He went over again rs
argument that the answers Of the English judges N
McNaughtcn's case were not now authority ritler
in England or America, and had not been authority
In many years IN any case like the present where
| claim of irresistible insane impulse Is made. He
then referred to the case Of Mrs. Coleman say1rg
that the portion of Justice Daviss charge cited by
the prosecution was in the nature of an 0bug
dictuin, having no relation to the case before ha
and being entitled 10 no moro credit than N,s
opinion Of any other lawyer. Then Mr. Scoviis
took MP again the recent English decision he ctd
on Saturday. IN which delrun tremens was he'd
10 have rendered murderer irresponsible TO sbav
that even where there was knowledge of right sd
wrong the accused person might be inssas
IN other directions as TO be practically unable 10
exercise that knowledge. The power TO distinguish
between night and wrong he cOntended often ex-
isted In persons hopeessly insane. Mr. Scoy!lle, IN
discussing what he alleged to be the progress Of
public opinion respecting tho treatment of ;hs
criminal insane declared that the courts had, as
rule, clung to precedent until forced bv pubio
sentiment to move onward, and demanded that 81
lightened public opinion should be respected he,e-
giving Mr. Davidsc an opportunity later for hdl-
ing reply.
Here came another explosion about the ColeE1n
case in which, as before, Mr.. Scovile distinguished
himself by his iIl-nature. He charged justice
Davis with pandering to the sentiment Of vcngesxee
| against Guiteau by travelling out OF the record to
give an opinion upon the Guitean case while t FM
upon trial Judge Porter emphatically denounced
this charge bIselesS and false and challenged Ar.
Scovilie 10 produce the record of the GuielG.
who was busy writing said, without looking %,
That's a good speech griuning dersiyey. Jus
spectators smiled the smile OF extreme entcra nmoat.
Mr.. Scove. wh0Is not eXtravagantly wcll-u tOrrsh,
sueeTed at judge Davis as a member of an
inferior court sitting on the same bench wits
Barnard and Cardozo which Judge Porter dispoed
of in a single sentence. Then Mr. Scoyie, who sAs
seemed to think from the beginning Of the trial AAt
because Judge Porter las manner Of his own IN
speaking, he is fair subject for bOyish mocugi1d
jecrs responded that hc had heard the same sort of
thing when he was boy. &" have heard it, ss,d
he, III his chaste and amiahlc way, " from the owls
IN the woods of Ohio.
Mr. Davidge demonstrated. Ought not ysnr
Honor" he said to interpose against such tatp
Being thus entrcated, Justice Cox usual, o.
huked both sides with his customary imparti8iy.
No more personalities between counsel, if yJu
pleaScp said he.
Gnitcau then took hand. remarking that Nr,
Scoyille was making too much of Justice Davis, AID
adding the frank admission that he expected shs
Jury here to go against the law, because he had 10
doubt Justice Cox would give the same law t-at
Justice Davis did.
Mr.. Scoye argued At length tho questions ot
malice and partial insanity but submitted the qcas.
tion of jurisdiction without argument. some Vt
Guiteaus interruptions were exceptionally quleG
and clear. When Mr.. Scovile was reargu-ag
his old point that malice in law me1as
10 deliberate intentions but ill-will, Gutesu
called out that malice was " question Of fact fsr
tho Jury TO pass upon When District Attorney
Corkhill later on made a reference to Blackstone,
Guiteau, who was busy writing, called, Neva
got some new law since Blackstone Again WIEN
question by the defence was the subees
Of remark, GulteauS remarks were as lucid
II was op,onll with t de zee when this question
was 70 b. raised. Ii they ha not desired 10 raise 10.
they had the right 20 wayo It; II they desired LEY
could raise il al any time IN arrest OF Judgment
At the afternoon session Colonel CorhmI read sis
brief uDOn the subject OF jurisdiction, and Mn
Davlduc occupied the remainder Of the session IN
analyziug one by one the prayers Of the defence.
which he SAID he only could compare 20 the Efforts
of the deyIl-lsh 20 escape by muddylng the water
between itself and ITS pusucIs. lie dNcit upon tlo
question oi malice showing that malice IN Jaw IS
simply the Wil.ul doing oi an unldWI Ihl acI; M5.Se
in law did mean necessarily grudge OF lllWli 80
far from beng help To aH accused person To prove
That there was no VIII, that i4ct could Only nag
nifty the crime. The only question really
open in the case was that oi insanity.
Wbile ON this subject, Mr. Davldge admitted that
a kentucky case cited by 1ir. Recd did give sona
sup ,ort To tho theory OF the defence tie went Gh
to say that il came Wlth good grace nom hrltAcSy.
where Colonel Buf0rd had shot Judge Who decided
q case against him. aud ON till was acquitted. ha
took up also Mr.. ototll'5 mdih9I9li I'iciV''S1 70
public utimcut. Where "oH4 tihN lh'I se' ne
cued. ." If public sentiment could lc heaIai cd
t,r,,d tuqt yolr Honor should adopt tho