The Sentinel., 1882-01-14
GUlTEAU'S TRIAL.

the marsnal ne would not do so, and he would
try TO keep quiet. Mr.. Scoville then read an
affidavit to the court in support of motion
for leave to introduce additional evidence. The
affidavit states that since the case for the de-
tense was closed on December Is he had
learned of the existence of certain witnesses
material for the defense on the subject of in
sanity. TLey are 81. d. Bragden, Marshal Green,
James Brooks, Thomas Rathbone, Katie
Collins, George W. McElfresh, NJ. A. Austin
Edward Austin and DR.. Andrew Mcfarland
By four of these witnesses he expected to prove
that in the month of June they frequently OBJ
served the singular and strange condnct of the
prisoner, and were then convinced of his in
sanity, and freely commented on the fact
among themselves. He expected to prove by
Rathbone and Brooks that they had an inter-
view with the prisoner in the Jail on the second
or third of July, and that he then said that he
had been forced to do the act by an inspiration
from God. He expected to prove by
McElfresh and NJ. A. Austin that they
rode with the prisoner to the jail on
the second of July, and that all his actions
and words were indicative or an insane
man. He expected to prove by DR.. Mcfarland
1or thlrty-seven years superintendent of the
insane asylum at Jacksonville, H. that be
knew Luther W. Guiteau, the prisoners father,
and had an opportunity for scientific observa-
tion of his mental condition In 1864 and that
s~AN%A w.
Guiteau was insane ON the subject of religion
also, that from the circumstances and facts de-
veloped in evidence in the case thus far DIR.
Mcfarland is of opinion that the prisoner is
now insane The affidavit further states that
the atiant was misled by the prosecution CIV
ing the name of McElfresh as one
of its witnesses and then not calling
called for the defense. The court
decided against the application in general, per-
mitting, however, the defense to attempt to
show that, on the day of shooting President
Garfield, the assassin had claimed to be in
spired Of God. ]. ]. Brooks, chief of the
secret service of the treasury department, was
called for this purpose, but he swore that Gui-
teau had not made such a claim to him. A
letter written by the assassins father In 1875
in which he pronounced his con a fit subject
for lunatic asylum, was read. The defense
was then declared closed. The law points OF
thu government were submitted to the court
and an adjournment was had for three DAYS to
enable the defense to prepare its law points.
Argument on the points of law was begun on
the fortieth day of the trial. Mr.. Davidge open
ing for the prosecution. He spoke in support
of the rule of legal insanity as laid down by
the judges Of the English bench in reply to in
terrogatoIies from the house of lords. That
rule, he contended, had been adhered to in
England and in this country ever since. 1t re-
qulred the defense to show that the accused
person was unable to distinguish between
right and wrong, in order to establish his in
sanity. Mr.. Reed replied for the defense, ar
guing in support of the doctrine that irrespon-
sibility may be inferred from the existence
of insanity, and that the jury should
be instructed to acquit upon q reason
able doubt of the sanity of the prisoner.
Guiteau frequently interrupted Mr.. Davidscs
remalks, aud when the latter cited Judge
Davis charge in the Coleman case, in New
York, he shouted that the jury in that case re-
turned a verdict against tho charge. He was
very abusive, and he announced that he would
settle the question by a two hours speech
the jury. The jury were present during Mr.
Davidge's argument, but were absent dnr ng
The afternoon, when the counsel for the tense
were speaking. Mr.. Scoville who followed
MIR. Reed, commented upon this TACT wi
8 me bi ternes, and there was sharp
colloquy between counsel IN regard to L.
During the day Guiteau's Interruptions were
prosecution with: 81 don't pretend TO be any
more insane than you are. Transitory M MIA
is all claim" and he ran on in this way until
Judge Porter's patience was exhausted. 'You
honor" said he, bitterly, cha, heard the plis |
oner long enough. l ask your honor now + |
hear the late Justice Curtis of the suprenp
court of the United States" Guiteau Workd
himself up into rage here ''God will cube
you prosecuting men," said he; "you are ty-
ing to get little luc.e. From this pointon |
his interruptions were constant and annoying.
There was no apparent diminution of prolic
interest when the court opened its ninth 1eek
and forty first day Of the Guiteau trial As
usual the crowd filled every nook of the 0illy |
room and the ladies were decidedly in thu ma
lorlty. The prisoner arrived at the ourt-
house about half-past 9, and was taken his
waiting room. He appeared rather nrvous
and his countenancs indicated anxiety. When
he had taken his seat in the dock he eanced
around stealthily over the audience andimme-
dlately began harangue, evidently itended |
Tor the jury. 81 have received" 10 said, |
some 500 letters, great majority Of them
lrom ladies. When I get time / shsl attend
to them. I want to send my greetirgs to the
ladies OF America and thank them for heir sym
pathy. They don't want me to be hangd. Public
opinion is fast changing. Ireceived aturdaya
check for 81 900 from the Stalwarts ofBrooklvn, |
and another for $500 from the Stalwrts of New
York l want this jury to undegand how |
public opinion is on this case" bailiff here
tried to silence him, when he turnA upon him |
IN the most vicious manner and carried out
g You keep quiet and mind you business. |
Don't interfere with me when 1 am alking. If
you had any sense you would undcstand Nour |
place" Mr.. Scoville then resumd his argu-
Aoi WY ucloHse. no ODJOtou w tht |
citation Of the opinion on insanjy expressed |
by Judge Davis in the Coleman case in New |
York city, which he attributed b a desire on
Judge Davis part to pander to a reprekensible
feeling OF revenge against Guitsau, which led |
HIM to travel out of the recordl This led to
dispute between Mr. Porter ann Mr.. Seville. |
IN vpich the prisoner ioiIed Gufsau |
sald She Coleman case was noFat all parall |
to his case. The question of jurisdiction
having been touched upon by the defense,S
District Attorney CorkhitI delivered an argl-
ment on that subject. and Mr.. Davldge
followed for the prosecntiN, with review of
the law points. The LAWYERS were not in good
humor, and once Judge Cox iad to stopa per
sonal dispute between uer1. Mr.. Scoyllle
found fault because the co nsel for the prose-
cution bowed to the iuryfery day, and he IN
timated that it was ints1ded to have an I'M
proper effect upon them. On the previous gay
Mr.. Scoyille complainedoecause the jury, after
listening to the legal aruments Tor the prose
cution, were allowed too OUT as soon as the
arguments for the dense were begun. On
tbe fortv-first day. horsver, this was reversed,
ibo inry listening Ia MIR. Scovile's argument
dri1@r ;Iru he mornino .urs, and slitting court
in the afternoon Whe Soion1i = hlli anu MI
Davidge spoke. ,.n
- - ,,~,o-, he law points o. the forty
second day of the IlaI. ns e. the occasion, IN
closing the legal os.s,;lle who hosc9'ion
to strike back Mr. y and ridicuYasol.,sIA- sA-
cited laughter By ll,issline Irdoe Porter tMl;; tMl;
Porter's style OF talkln6. savaral TIM