The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-01-13
The Guiteau Trial,

which assembled in the courtroom this
morning to listen to the opening argument
to the jury in the Guiteau case was large
and intelligent one, which entered the
room at an early hour, awaiting the arrival
oil the court, counsel and prisoner.
The Marshal gave the spectators due no.
tice that no one would permitted to leave
until the hour for recess, and for the pur-
pose of emphasizing his remarks ordered
that the main door should be locked.
AT 10 sharp, the jury entered, and few
moments later court was called 10 order.
paVldgc then took position in front of
the jury and opened his argument with n
disclaimer of any intention 10 make set
speech, but expressed his simple desire 10
render the jury what aid he could in the
present solemn duty they had now to per-
iorm III this trial, Whatever disorder or
leVlly might have characterized the trial,
there was but one sentiment in regard to
the conduct OF the jury all commended
their dignilied department aud close
attention TO the evidence, and he
could not doubt that as they
had received the commentator OF all in the
past that they would continue to deserve it
the future by the decision Of the question
before them. There is, gentlemen" he
continued, "but a simple point Tor discus
ilon and consideration-the subject of in
anlty. The court will tell you thatin this
and of law it is not allowable for a man
coldly and deliberately to slay another and
then TO say that he had no malice. TheCourt
will tell you when it comes TO charge
you that to constitute the crime of murder
the existence OF malice is wholly unneces-
sary and that deed committed is worse in
The absence of that clement than il it was
present. In the beginning Of this trial, as
You VIII recollect, an Intellectual attempt
was MADE in the direction of showing that
The death ofthe President was attributed to
the malpractice Of the surgeons who at
tended him with so much fidelity,
and you Will remember that
"ttempt was short-liyed, however and
vas very speedily abandoned. So that there
IS now one question for you TO determine,
ami that is the question OF insanity. I'm
nc progress nf the trial very many vague
general expressions have crept into the
7ase. We have heard of crazy men, of men
lii their balance, of insane men, and hence
lt was necessary TO apply to the court for
'lear dellnltlon rs TO what is
insanity in Il legal sense. Medical
experts have defined ii from the
standpoint of medicine, and il was neces-
sary to have il defined from the standpoint
OF law, Even il "A man be deficient in intel
ligence, ii does not follow that he shall be
permitted TO commit murder with impu.
nifty. 1t takes one degree of intelligence
ior man to make n contract and another
10 make will, another TO doany other act
nut when you come to crime--suCh a
crime as we have here, murder
murder the most foul and unnatural-the
law requires very slight degree Of intclli-
Bence; indeed II was, gentlemen, in order
10 make the question perfectly clear and To
abridge your labors so far as 10 prevent
your being led astray by the introduction
ol irrelevant matter, that the prosecution
asked the court TO state sufficiently what
constitutes malice and insanity The
Court has spoken, and IL has
not spoken in vain or ambip.
uous language, and il has laid down
Two rules Tor your guidance, which | will
now read. CReads Judge Cox's instruc.
tons, Nos. and - In commenting ON
the first and second instruction Dayidre
said That is, gentlemen of the iury, IL
any human being has any degree OF intelli-
gence which fits him TO understand the act
he is doing, and II ho has sense enough 10
know and does know that that act is in
violation oil the law OF the land or wrong,
theh no frenzy, no passion, will
ailord any excuse whatever then no dis.
ease OF his moral nature will constitute any
excuse whatever; then no belief, however
profound, though the mans reason and re.
ilection may reach the conclusion that the
act Is the suggestion of and commanded by
Almighty uod will afford any excuse what.
ever Tor the perpetration of the crime. his
sole and exclusive excuse Is dis.
ease OF mind, oblterating the
sense between right and wrong and
absolutely controlling the judgment and
reason of the party. Thus you will sec
that the sense aud reason necessary TO make
q man responsible is very limited indeed
thus you will see that a man may bc here
who has been styled "crank, "oil hlp
nut, and even partially insane, and yet he
may be absolutely responsible for the crime
that Is committed hcrc--murder, murder
Murder by lying in wait--what II com.
monty called assassination
As Davidgo touched the process of rca.
soning by which The prisoner gradually
reached the conviction that but one little liie
in,erposcd between him and possibly great
behehtsi uuite0u became restless, and for
the first time since the opening of court. In.
dica,od by his nervous twisting about tho
usual prcliminaries to q series of intsrcsn.
tions which IN this instance quickly
followed each other. mot oiten'H
said Mr.. Dayidgc, "in the record of
helnous crime do we have such plain ani
pointed proola to the first conrcption of
crime as In this case. The suggestion of
the crime came TO the wretch In the nipbt
rs he was lying IN his bed"
ut came TO me when tic Lord cot rendv
to send II, snarled the prisoner,
Dayidre coniinued-'This Thought mr.
suggestion cane to him on tho isth
OF May. Still thinking tbai
he might obtain Office ne sought
and kept his hand clean. lie made an.
other effort on the 10Th Of May to induce
the President
Guiteau called out from the dock-ut
wouldn't have taken the foreign mission
after tho lst of June IL II had been offered 10
me-
Dayidge apparently not needing him.
"on the .Jth OF May
Guiieeu Calking)-"About the ist Of
June
payidge lpausing moment) )-"Just listen
to him"
Guiteau lsneennglyl-"They would listen