Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-09
THE GUITEAU TRIAL TO-DAY.
ARGUMENTS ON THE PRAYERS.
QUESTION OF JURISDICTION RAISED.
MR.. sC0VILLE, MR.. c0RKHILL AND THE
PRISONER

The Criminal Court room presented the usual
solid front OF faces this morning when the court
Was raped to order, though it was generally un-
deiStood that the day would be consumed in
arguments on the prayers. The jail van was
little late this morning, so the prisoner did not
have so long TO wait in the room upstairs before
the court opened. MesSrS- Reed and Scovte
were, as Is their custom, in their seats twenty
minutes before the court opened, and improved
the time coming over law books. The jury ar
rived punctually at ten O'Clock. A few minutes
later the counsel for the prosecution arrived, and
at 1910 am the court was opened.
GuITEAU soLICITS SrALwART CONTRIBUTIONS.
When the prisoner was placed in the dock he
broke out at once with his morning sautltion. 81
want to say" he began, "a word about my mil. l
have 700 or 500 letters which am gong to ex-
anime shortly. Most of them are from ladies'
They are expressing sympathy and prayers for my
aclufttal. | desire to send. my greetings to the
ladies OF America Saturday l received check
from the staiwarts OF Brooklyn for $1,000, also a
check FOR $500 from the StalwartS OF New York,
noping would be acquitted. desire to say that
the st'lwarts OF the country my do the same
IN .lg, ana snow taeir hand 10y sending me checks
Here an officer tried to check the prisoner, and
the latter, turning angrily, said: keep quiet;
NINA your own business"
Mr. ScOyiIle,s Argument.
Mr.. Scovilie then resumed the argument on the
prayers, which was left unfinished Saturday even
ing. IL was well recognized rule, he said, that
in arguing the opinions OF judges cited as author-
ties, that when the opinion of the judge did not
refer to the matter which had been argued before
him, it was entitled to no greater weight than the
opinion OF any other lawyer. He referred to the
decision OF Judge Noah Davis in the Coleman case.
he dld not believe the prosecution could cite any
pulSe was involved, in which that fact had not
been taken into consideration by the court. Argtl-
Ing from the recent English case which he quoted
saturday, he held that the defendant in that case
knew the law and knew he was diSObeying Ii. but
the court l3i1 down the rule which the defence
asked the court to make in ths case The court
recognized the abSIrdity Of condemning a man to
death who, while portion OF his mind was active,
enabling him to know what was right and wrong,
h9d a part OF his nature paralyZed.
Mr.. Scovllla referred to debate in the English
Parliament, June 18th, 1877. u?on the question OF
ab,l1shing tie death penalty, in which Sergeant
Parry, in discuss ng the question OF H. nifty which
arose incidentally, criticised the neficacy OF the
McNaughton rule, on the ground that 1t had been
determined by medical science that irresponsible
insane persons frequently knew what was right
ana wrong Courts were bound, Mr. ScOville said
20 Keep pace with the Intelligence OF the age. 1t
would De shame If, while we We're making pro-
greS in arts and sciences, Jurisprudence should he
behind the age.
IN REFERENCE TO THE M'NAUGHToN CASE,
ne SAID the defendant was sane enough to acquire
property, to be consulted in business. to buy pis-
tolls and practice with them, saying he bought
case Of NcNaughtOn at some length, he said the
fna result had turned upon the testimony of two
experts summoned by the court and not by either
ssoe-,ceofdlhg 10 decomposition he had made in
tiliS case. hut tn prosecution had declined.
MI. Corhhit Observed that he had had on the
stand .n the experts which he proposed to call
I'VE understand that sad Mr.. Sc0vlle
~ think the whole world understands it, said
Mr.. D,vidge
Mr. Seville referring again to the parliament
ary debate, was about 10 quote the uttprances of
one OF the members, when Mr. Davidge inquired il
'sNo' repS4d Mr. scov!le, s.but I think his
opinion l. emitted to as much weight as that OF
Jud%a Davis. real here. He Was quite as c0mpe-
tent u Judge"
GUITEAU's POINT
"Juige DAVIS" sli1 tie prisoner, sis good
follow, but h is badly mistaken on the law, ana
the jury rebuSed him"
Mr. Scoville sid that he could not think the
court wouid instruct the jury as prayed by the
yet fear OF Iii II had entered into his
mind. He referred TO the stress OF public opinion
dem ndng vengeance upon the prisoner, and said
lt WAS such a feeling that had induced Judge
Davis TO go out OF his course to Instruct the jury
as he Gid.
JUDGE PORTER DEFENDS JUDGE DAVIS.
Judge Porter. rising, said he did not think it WAS
necessary to put the chief justice of the supreme
court OF New York state on tFii here. II he was
to be put on trial, he challenged the counsel to
produce the record on which he based his state
ment. II an honorable member OF the judiciary
was to be maligned, counsel must produce proof
That's a very fine speech," said the prisoner,
when Judge Porter sat down.
Mr. Sc0Viile having referred to Judge Davis as q
man who sat on the same bench with a Barnard or
q CardOZO-
Judge Porter again rose, and with a solemn
dignity. said: "The charge now made by counsel
is equally false. Neither Judge Barnard nor
Judge Cardozo was on the bench with Judge
DayiS4
MIR. sCovIILE'S REToRT
Mr.. ScoVille, in replying, said that counsel might
roll out their words in quavers or seni-Guayers
He had heard them when he was boy, from the
owls In the woods.
Mr.: Davidge, having Insisted that Mr.. Scoville
should argue the case,
THE COURT ADMoNIsHED COUNSEL
to refrain from personalities.
The prisoner, breaking In, said: 'Mr. Scovilie is
making altogether too much talk about Judge
Davis. The fact is, Judge Davis didn't give the
law right and the jury rebuked him as this Jury
may Go. haven't the slightest doubt that the
court In this case Will instruct the jury Judge
Davis did,
Mi. Scovile held that portions of Judge DAVIS
decision had no reference to the Coleman case.
Mr.. David.re said the case was one IN which IT.
was claimed the accused was blinded by an ire
Sstible Impulse.
THE PRISONERS POINT AND THE COMMENT OF MIR.
DAvIDGE.
SIT was case, interrupted the prisoner. "if your
honor please, where woman shot her Seducer, a
man whom she had been living with for j Is. 1t
is no parallel to this case at alln
"The prisoner states it correctly" said Mr.. Dav-
idge; che is sane man, and states 1t correctlyn
THE PRESUMPTION OF MALICE
Among the citations made by Mr.. Scoville was
one from a decision by the late Judge Breese, OF
Illinois, laying 1t down as safe and reasonable
test that where it was shown that the accused
would not have done the act had 1t not been for
insanity, the accused should be acquitted. Upon
the question of the presumption OF malice he said
1T was always the case that the evidence either
went to show malice or to exculpate the accused
from malice
Like every other fact in this case, while It may
be asserted affirDattvely in some evidence 1t was
rebutted in other evidence, so it became a matter
for the determination OF the jury. Mr.. Scoville
cited the court to 9th Metcalf, page 12O The Com
against York.
Mr.. Scoyille having read at length from law
book, the prisoner said: 81 presume the court is
well advised as to preliminary law, Mr. Scovflle''
Mr.. Scoviile on the same point cited Sd Raw.
page 466, holding that malice was q presumption
to be sustained by the circumstances OF the homi-
eide. -
when 1T was shown party knew what he was
doing, and thatsne was doing wrong, malice was
proved concusively. He referred to the decision
by the Supreme Court In the Mormon case.