The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1882-01-13
THE GUITEAU TRIAL.


what he had read in the papers that Guiteau
was insane, and some Government detectives
were to testify to the same from interviews held
with him soon after the assassination. Other
witnesses would declare that he had acted in
crazy manner few days before he committed
the CRIME, and DR.. Beard, Of New York, was
ready to swear that the assassin was crazy.
After good deal Of discussion on the part of
Scoviile, CorkhiH and Davidge. Judge Cox
ruled against the admission of evidence of in
sanity In sur-rebuttal J. ]. Brooks, Chief of
the Treasury Secret Service, was then called as
witness, aud gave the details Of an Interview
with the prisoner on the night Of the shooting
The prosecution then submitted to the court
the points for the instruction of the Jury.
During the reading Of them, Judge DaYidge
was frequently interrupted by the assassin.
They are as follows:
l. The legal test Of responsibility where inssn-
fly is set mp as defense for an alleged crime Ii
whether the accused, at the time Of committing the
act alleged, knsw the difference between right and
wrong IN respect to such act hence in the present
case, II the accused at the time Of committing the
act charged knew the difference between right and
wrong in respect OF such act; that is, If he knew
what he was doing and that what he was doing was
contrary to the law OF the Land, lie is responsible
Guiteau-"I didn't, because my free agency
was DESTROYED. !" @qs Rm
that what he was doing contrary to the law Of
the land, it constitutes no Defense even II 1t were
true that when he committed the act he really be-
heyed he was thereby producing public benefit or
carrying out inspiration OF divine origin or ap
proval, such belief would not afford an excuse nor
would such be afforded by the fact that in the
commission of the act he was inpeled by deprayed
moral sense, whether innate acquired, or by evil
passion or indifference TO moral obligation.
Guiteau-" All of which is false"
g. Insanity would, however, constitute defense
# by reason Of the disease accused at the time of
committing the act charged, did not know what he
doing, or, if he did know it, that what he was
doing was contrary to law.
Guiteau-"I had no choice in the matter.
T. The only evidence in the present tending
TO show irresistible impulse to commit the homi-
eide Is the claim Of the accused that his free agency
was destroyed by his alleged conviction that the
death of the President required for the good Of
the American people and divinely inspired; but
such conviction, if it really existed, could not
efford any excuse when the party knew what he was
fusion or error OF Judgment, not even fixed belief
that what Is prohibited by law Is commanded or ap
proved by divine authority
Guiteau--" law is higher than mans
law" nn sag
can exempt the accused from responsibility for
breaking the law. To have such an effect the COM
mission Of the act charged must have been the result
Of an insane delusion which the product Of dis
ease, and such force as to deprive the accused of
degree Of reason necessary to distinguish between
right and wrong in respect of the act that at the
time of committing the act he either did not know
what he was doing or, if he did, that the act was
Seoville announced to the court that the case
Of the defense was closed, and the court ad-
jonrned for three days, in order to allow
counsel time for the preparation Of their ar
guments. 80
THIRTY NINTH DAY.
The proceedings consisted in an exposition
by counsel of the instructions on law points
which they asked the Judge to give the jury.
Mr.. Davidge opened by reading and then elab-
Grating the prayers of the Government.
which ask the Judge to instruct the
jury that, if the prisoner knew, at the time of
the shooting, the difference between right
wrong, he was at that time sane and response
BILE. Dayidge, with the prayers in his hand,
said III low but distinct tones and measured
language land that they consisted first, OF
he above definition of sanity: second, of the
declaration that if the prisoner possessed ability
to distinguish between right aud
wrong no irresistible passion OF
impulse, no uncomfortable desire, no
normal depravity. would excuse his
act third, a declaration that the standard
Of insanity must be that of law; fourth, that no
delusion, ability to distinguish between RICH and
wrong being present, would excuse the pris
Oner.' He said that the law drew a line of
responsibility for crime somewhere. 1t had not
in 1843, at the request of the House of Lords
laid down the legal rule defining responsibility
Tins rule was the good old right-and-wrong test
the rule of common sense. The law drew no
line between the low degree of intelligence on
one hand and the highest on the other in the
respect of the responsibility for crime.
Mr.. Reed opened the argument for the de-
Tense in advocaeyof the prayers presented by
them. He promised his remarks by the con-
cession that, in the use of deadly weapon in
such manner as to result in death, the
law presumed malice. That need not
be discussed. The question whether Or
not the killing OF the President was
done with malice was question entirely and
exclusively for the jury. The defense claimed
the act was done without malice on the rart
of the defendant. If the jury had reason
able doubt of the guilt of the accused,
It was their duty to acquit him. Tl.ey
had no discretion. AS to insanity, the
modern doctrine = the better doctrine
was that if the jury had reasonable doubt Of
the sanity of the accused at the time of com
hitting the act, it was their duty to find him
not guilty. Formerly, the insanity had to be
proved by defendant beyond any reasonable
doubt.
FoRTIETH DAY. .
Griteau opened business by stating that he
had received some 800 letters, most of them
from ladies, as well as a check for 81, 900 from
the stalwarts of Brooklyn, and an other for $500
from the stalwarts Of New York. [ScoVilie
states that the papers are worthless, like one
sent him for $15000.l 81 want, said the as
sassin, ''this jury to understand how public
opinion is on this case. a% NJ
a bailiff tried to silence HIM, when he turned
upon BIN IN q most vicious manner and snarled
out: "You keep quiet and mind your bust
ness. Do not interfere with me when | am
talking. II you had any sense you would un-
derstand your place.
Scoville then proceeded with his argument.
His remarks were listened to with marked at
tention. He laid stress upon the propositions
that insane merl often knew the difference be-
tween right and wrong, and for that reason con-
ceal their plans, and that the benefit of the
doubt should attach to the plea of insanity
when raised with the same force as when urged
connection with the commission OF crime.
His allusion to the decision of Judge Davis,
g who went out Of his way, he said, "to pass
upon something not involved in the case he was
then considering" brought Judge Porter to his
feet with an indignant reply that the charge
was false. Il - LII II EAA Ella Il
Scoville retorted that the opinion of man
who sat on the same bench with Barnard and
a Cardozo should not be received with much
consideration. nE3Us
Judge Porter, with even more vehemence,
reiterated that the charge of counsel was abso-
lutely false that Judge Davis never sat on the
bench with either of the. gentlemen named.
| 81 IL dn uOuOTdD1O uuSulD6f Vi ING fSQ6Tdl
Judiciary is to be put upon trial here, l de-
mand, said Judge Porter, {" that the record
be produced here upon which this base charge
is made
Seoville insisted that when the style of pro-
ceedings best suited to police court were intro
duced here by the prosecution, he should com
ment upon them as he deemed fitting He
should not be frightened by the tragic utter
ances of Judge Porter. He had heard the
same notes years ago from owls at night in the
woods of Ohio.
Abiding to his controversies with Judge
Porter, Scoyille disclaimed any intention tc
transgress the bounds Of propriety or the
rules of practice, but he should criticise the
conduct of counsel when it merited criticism
and threats of prosecution would not intim i
date him. Citing the custom of counsel upor
the other side of bowling to the jury upon en-
terlng, Scoville said "Sometimes it is tire,
bows all round sometimes more never lesI
than three. 1t has never been done by counse
upon this side, and do not hesitate to crit
else the propriety of it,
Judge Porter" The gentleman is simply in.
stancing his lack of politeness. If he has nc
apology to offer, shall certainly not apologize
for him.
Corkhill next proceeded to read from printed
slips an exhaustive argument upon the subject
of iuri sdiction.
Davidge then discussed at length the ques-
Of, ofs