Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-05

davit. Guiteau said this gave time to make
speech, "but promised the marshal l would
keep quiet to-day, and l will try to do SO
Having subscribed to the affidavit, Scovillt
read it. 1t sets forth that he, the affiant, i:
sole counsel for the prisoner; that the
prisoner has been in such a state of mint
that he had been unable to render any as
sistaGce or suggestions for any witnesses
that the afflant has learned of witnesses who
can testify materially for the defense. After
giving the names of the witnesses, and briefly
what he expected to prove, Scoville moved to
be allowed to introduce this evidence.
Judge Cox inquired if counsel desired to be
heard upon the motion.
Col. Corkhill-"I hardly think anything
need be said.''
Scovllle then amended his affidavit by insist
ing that DR.. Mcfarland would testify in his
insane. After he had subscribed to to the
amended affidavit, Col. Reed addressed the
court in favor of the motion. He was aware
the matter was entirely within the jurisdiction
of the court. 1t was not, however, without
precedent, and that, too, in the United States
court. He then cited q case where evidence
was admitted even after argument
assured the American people would
now sked for the prisoner in
the name of justice and fair
trial. lie there paid glowing tribute to
Scoville, who had defended this poor creature,
alone and unaided, and without encourage
ment from any source.
Davidge replied at some length and denied
that any precedent existed for reopenlng the
case, simply to introduce accumulative evil
dence, particularly in the case of DR.. Nc
Farland. He believed it would be scandal to
admit the testimony of man so reckless as
to form an opinion and be willing to swear to
1t merely from reading the newspapers.
Scoville replied at great length, and detailed
the hardships and difficulties under which the
defense had labored in the preparation of their
case. 1t was almost impossible to get wit
nesses to come here. The experts for the de-
per diem, the regular witness fee, while ex-
perts for the government came here, sit is
supposed" leaving grave trusts behind them,
and remained for six weeks, and every one of
them showed by their evidence that they eX-
pected full pay for their services, and all know
what that meant "And these experts" said
Scoviile, "are still waiting here to see the re-
suit of their evidence in hanging this prisoner,
but fortunately for the cause of justice, your
honor and this jury stand between him and
the gallows.'
Corkhlll could not at this stage allow the
remarks of counsel to go unanswered. He
said yesterday, and would repeat today, that
he would not object to the introduction of
any new facts material to the defense. The
only objection to be made by the prosecution
had been already mentioned by Davidge.
There had never been trial in this district
where SO much lberality had been shown by
the government.
Guiteau insisted upon being heard. The
bailff tried I" silence him, but was told in an
angry tone, 1 me alone or will slap your
mouth" ,iuiteau then called out: "Your
honor, all ! want is to show that told these
men on the way to the jail that it was the po-
ltical Situation and The pressure of insplra-
ton that caused lie TO remove the president"
Judge Cox said: Counsel for the defense
came here stranger to the courts and the dis
trict, aud even TO the prisoner himself, and
found himself environed with difficulties from
the outset. The most serious difficulties were
that the odium attaching to the assassination
made witnesses unwilling to even allow their
names to be known to the defense. Appreciat-
ing all these difficulties which embarrassed the
defense, he Judge Cox had felt disposed to
offset this with an equal latitude, and more
than ordinary facilities in the preparation of
their case. Evidence of insanity could not be
offered in sur rebuttal. In his opinion the proof
of insanity should be limited to the evidence
in chief of the defense and the rebutting evil
dence of the prosecution. He must therefore
exclude the evidence Of DR.. Mcfarland. The
testimony, however, of those witnesses by
which the defense expected to prove that the
prisoner asserted upon the day of the assassi-
nation, and upon the day after, the motive for
his act, the court held should be admitted as
evidence in sur rebuttal.
Scoville then called DR.. Beard, of New York,
who was sworn. Objection was made to his
testimony, and the objection sustained by the
court. Scoville stated what he intended to
prove by the witness, and noted his execution
to the ruling of court.
The next witness called by Scoville was j.
J. Brooks, of the treasury secret service. Wit
ness visited the prisoner at the Jail the night of
the shooting. Guiteau was in bed at the
time. "He arose in great anger and excite
ment," said witness, and wanted to know
what meant by disturbing his rest and quiet
at that hour of night. / said it i'll became
him, murderer, TO speak in that manner;
that he had disturbed the rest and quiet of the
whole nation. He said that he was no MUIR
derer, but a christian and gentleman; that
his mind was made up that he
had been moved to do the act as political
necessity, and that it was for the good of the
country. | told him was Republican and
Stalwart, and he replied, then you can appre-
ciate why 1 did it," Witness detailed at
some length his conversation at that time.
He (witness) said to prisoner: eff you had
taken the Deity into consideration you could
not have done such an act" The prisoner re-
piled that he had thought over the matter and
prayed over 1t for six weeks and more. He
became confirmed the president mnst go, and
it was his duty to remove him.
Notwithstanding his promise in the fore
noon, Guiteau continued to interrupt, and be-
came involved in an alteration with one of
the bailiffs who tried to silence him. "I'll slap
m ha Onfb - hn frannapf1x ad loft
him, nut made no demonstrations of carrying
the threat into execution. At another time he
said to him: "Yeu are nothing but miser-
able underling, while l speak to million of
people when 1 talk" When Judge Cox fin
ished his remarks upon Scoville's motion, Gui-
teau insisted upon the expression of his opin-
ion. "That's a frst-class decision, Judge.
That's all want to get before the jury, what
said at the time relative to the cause that
impelled me upon the president AS for the
rest, don't care snap. l would not give so
cents bushel for this expert testimony. If
had money enough I could get fifty of the
best experts in the country to swear that am
as crazy as loon. That's just how much
that kind of evidence is worth"
Scoville introduced letter written by the
prisoners father, in which he expresses the
opinion that the prisoner was insane.
Guiteau called out sneeringly: "What,s the
object in reading that letter? To show that
my father was crank or that am? You are
the biggest jackass, Scoville, l ever saw. If
you can't learn any sense shall have to re-
buke you in public"
Davidge, on behalf of the prosecution. then
requested the defense to make known the law
points on which they desired the rulings of
the court.
Scoville said he would like little time for
the proper preparation of this part of the
case.
Davidge said the prosecution had already
prepared their statement of the law points up-
on which they would rely, and he would be
pleased to give the defense the benefit of them.
He then read as follows:
Flrst-The legal test of responsibility where
insanity is set up for defensefor alleged crime,
is whether the accused at the time Of commit.
ting the act alleged, knew the difference be-
inht al