The examiner., 1882-01-28
GUITEAU'S TRIAL.

intend no disrespect to this honorable
 courG' desire no controversy with this hon.
 ora TraOe court. In general I am satisfied with
 the law as proposed by your honor. But I
 nave still broader view of the law, which
 ask your Eonor to follow, to wit that if the
 Jury believed that 1 believed that it was right
 TOT me to remove the President because I had
 special Divine authority so to Ilo and was
 forced to do 1t by the Deity, they will acquit
 me on the ground of transitory mania. Sick1es,
 Maotarlsnd and Hiscock [meaning Colel were
 Suqultted on the ground of transitory mania.
 In my speech. published yesterday in all the leading newspapers of the country and which,
 presume, your honor has read, gave my reasons for asking your honor so to charge.
 NIT. Reed made & brilliant and laWyerlike plea for the defense. and MT. Scoville is making strong argument his theory. But neither MT. Reed nor Mir. Scoville represents me in thls defense. am here as my own counsel, ana have been from the beginning. No one represents me to this jury. I know my feel lngs and inspirations in removing the Presi- dent, and l have set it forth in my speech yes- terday; and l ask your honor in the name of justice, in the name of the American judiciary
 in the name of the Americ. n people to allow me to address that jury of my countrymen in a case where my life may be at stake If 8 man upon that jury has a doubt to his duty to acqnt me, my speech will probably settle it in my favor. Therefore in the interest of jus
 tice, it is of the greatest importance that the jury should hear me in my de- tense." Judge Cox said he would con-
  MT, Scovile continued his speech for the defense. He entrusted Guiteau's plea that the act was right because it was inspired by God with what he called the real defense namely, that Guiteau never had any inspiration of any kind, and that it was delusion all through, and proof of the diseased condition of the assassin's mind Mir. Scoville contended that the prosecution, in objecting to the intro. auction ot certain evidence by the defense had not shown spirit of fairness. He sharply criticised Lawyer Porter and District Attornev Corkhlll for the manner in which the case for the prosecution had been conducted Porter. he said, had prostituted his mind for money to hang an insane man. Guiteau suffered from chronic insanity, and during his featuring tours he was simply peripatetic madman. He had got the idea that another civil war was imminent from Senator Chandler, of Michigan The way he was affected by that idea showed that he was insane, and the steps by which his mind was led from that to the conception of the assassination further proved his insanity Guiteau occasionally interrupted his counsel, among other things saying that he had received several checks for large sums on New York banks, and was in position to pay his board bills.
 When court opened on the forty-eighth day crowd was present which filled every seat and occupied all the available standing room. The court having been called to order, Guiteau said in quiet tone different in every respect from the one which he uses when he makes his usual morning speech: {" I hope your honor will allow me to address the jury after MT: Scoville gets through" Judge Cox replied that he would consider the request of the prisoner after MT. Scovile ad finIshed his speech. MT. Scoville then began the third day of his address to the jury. Nearly the whole of his address for the day consisted of discussion of the influence of the political situa ion upon the prisoners mind before the assassination. He averred that but for certain reasons back of this prose- cution Guiteau would never have been ar raigned in court of law. but would have been taken to an insane asylum after the assassina- >0Tn norG II 1-or@k 4ho1,o Iol f41 Continuing he said vehemently: "Back of this prosecution is something which have had to contend against, an which you may now or will feel the pressure of before you get through with this case. It is not merely the efforts of this man (pointing to the district attorney). 1 Back of him is the United States government i; and l arrai8n before yoG, gentlemen, as those who are crowding the prisoner to the ga1lows, persons high in authority. I say, and I say ii l without fear, that the movers of this prosecu- | tiOn are those politicians who seek to hide their own infamy by casting the blame on this insane l man. 1 say that such mon as Conkling and l Grant and Arthur those who made war with l out justification on that dead President whom l they have since lauded to the skies-insituted l that state of things and manufactured that de- l gree of pubic excitement and political feeling l that preye upon this ius ne man, until reason | left its throne, and Le did that which he con- | sidertd to l,p perfectly in accordance with their counsel and their conduct.'' Mr. Scoville went l into this subject at considerable length, re- l marking Thai he uIu not Intend to say all tlls when he opened the case because he then ex- pected & fair and impartial trial, but he | had concluded not to spare the men who fo- mented this strife or permit them to make scapegUat of Guiteau. He said this without | any feeling, unless of regret that men so high l iE power should descend to the ignominious | scramble for office which was exhibited against l Garfield. He said that the men, who since his death had been so profuse in their admiration of him, were ready before the second of July last to trample him in the dust, to see him go | down in obscurity and disgrace to the grave if it could be done without the aid of an assassin's hand. Referring to the statement that the de- fense lad injured their case by placing the prisoner upon the witness stand. MT. Scoville called attention to the fact that frequently the faculties of insane persons were sane persons. That had been shown by the testimony of the experts. He pictured the growth of the delusion on the prisoners mind. It was just as impossible to get rid of was for Paul when he cried: "How shall deliver mo from the body of this death ?' He believed that the prisoner had tried to shake off the idea but had failed, because he was sick and weak. MT. ScovilIe further reviewed the evidence, and partic llarly commented ad- versely upon that of Dr. Gray. The prisoner made comparatively few interruptions. He twice called out that the New York court of appeals on the preceding Tuesday had rendered decision that favored the theory of the de- fense in his case as to insanity.
 The proceedings at the opening of court on the forty ninth day of the trial and fourth day of MT. Scoville's address were opened by the prisoner, who, in declamatory tone, said '' The decision of the New York court of ap- peals comes with so much force at the present moment that desire to call attention to it. It comes with great grace from the Empire State, from that grand old State of the republic, the State that sends forth the brains, the money and the commerce of the nation. It is great step forward in the law of insanity. Hitherto the law has been that the burden of proof was on the defendant, but the court of appeals, with grand magnanimity, says that the burden Of proof is on this prosecution, to prove that the man not only committed the act, but also that he was sane at the time he. committed it. In the name of justice, and in the name of the American people, and in the name Of the American judiciary, I desire to thank those gentlemen of the court of appeals of the State of New York;" MT. Scoville then resumed his position opposite the jury box. and in his cus- tom8ry conversational tone, and without any apparent weariness from his efforts of the past three days, again addressed the jury. He quoted from the testimony of Policeman Rear ney who arrested the prisoner, to show the incidents which followed the shooting of the President-the arrest, the removal to police headquarters and the search of the prisoners person for papers, These incidents. MT. Scoville claimed, showed that the prisoner was perfectly composed at the time or the arrest, and entirely free from ex- citement--a state of mind which was 1n- consistent with the idea of sanity. he NoIona1 norlkhi11 with great bit