The Benton weekly record. [volume] (Benton, Mont.) 1880-1885, 1882-01-12


hanging this prisoner, bugfortuuateEy fo
the cause Of justice. your. honor and tssi!
jury stand between him and the galIows.'
Corktill could not ttssliais stage ALLOW
the remarks Of The cotlLTsstl 70 go ut'at1.
sWpred, tIe had sail Yesterday and wouIo
repeat today that he. wof1ItI not object rc
the introduction OF any fless fact nlateri'l
to the tlefenSe. IEle only objection
to be made by the prosecution hatl
been u.aele. ny D syi.igc, There had neve,
been 81 trial in this District Lllere so n,ucl,
liberty had been granted BY the Govern
nlenf.
Gu;teau Insisted on being heard and tE,t.
hailltf tried TO silence him, nut met with
an angry .'Let me alone or { will slap you
III he moutt!'
Gttjteau-"YOuf honor.aH IWant is 10
show that We told these Ills1slsson the way
to Ill that it was: political eittlation and
lie pressure Of ilspiratiolafIat cst,.seei me
10 remove tlse President. -,
Judge Cox a3i.. that the counsel for the
defense came here Il stranger. 10 the courts
If the District and even 10 the prisoner
himself Tile difficulty WAS that tile odium
attached to the ass:.sSiIl;..foil made wit
nes$es unwilling to allow their names 10 be
known to the defense. Apprecfati e I'LL
these difficulties which embarrassed the
defense he (JudSe Cox had .fetr disposed
10 offset this with equal Latitude and more
than The ordinary fAirneSs. Evidence Of
insanity could not be offered in rebuttal.
In his opinion proof OF insanity should he
limited 10 The evidence iii chief OF the de-
felse. aud rebutting the evidence Of the
prosecution. lie, therefore, must exclude
the evidence Of Dr.. Mcfarland, who, SEQ
Vile said, would testify 60 the prisoners
insanity. The testimony, however OF these
witnesses, by which the defense expected
to prove that the prisoner asserted upon
the day OF assassination, alH2 upon the day
after, the motive for his :let, the court held
should be admitted as evidence il rebuttal.
j. j. Brooks, chief OF the Treasury se-
cret service, was called by Scoville. He
visited the prisoner the night after the
and Gtliteau was very angry at
witness for disturbing his%rest at night.
Witness reproaclled him as i murderer and
prisoner said he was no murderer, but a
Christian gentleman; thai the act WAS Il
political necessity for tile & Sgead ds the coun-
Try, and that the witness, beI4ga 4 Stalwaft
could appreciate why he disi7 7if He Lad
Thoughts over and prayed oYe;: sl.ts matter
for six weeks, and had become. Convinced
thai the President nlnstzdie BY i4is hand.
Scovi!le introduced Il letter written by
ScoviIIe's father, r,Whiehex xpressedtIteo opin-
ION that the prisoner was INSANE.
Gt,iteau sneeringIy and insultingIy re-
proved Scoville for introducing THIS. He
said he could get plenty Of experts to testi-
fy that he was crazy Us a loon, but lie
wouli not give a cent for a bucketful OF
expert testimony.
Dr.. Beard was called, but was ruled out
and exception was noted.
sc0ville said he would like a little time
for the proper preparation Of this part OF
the case.
Ddyidge said the prosecution htd already
their statement OF The law point>
upon Wiicl they would rely, and he would
he pleased 10 give the defense the henetit
1T them. lie then citlletl-as follows:
First. The legal test Of responsibility
where insanity is set mp rs defense for HI
alIrged crime, is whether the accused, al
tile time Of committing the act alleged
knew the difference between right and
wrong ii respect 10 such al act,.;.lll in the
preSe3it ease if the accused at the time 0t
committing he act charged knew the diff
fpreIlce between right aud wrong. If he
knew What he was doing, and tl,at What he
was doing was contrary 10 the law of the
land. h. was responsible.
Gtiteau-'.L didn't, because my free
agency was lestroreti. !
Second Il the accused knew what he
was doing or thar what lie was doing wa
mntrary to he law of the land iteonsli-
utes no defense even if il were true that
pIlpn lie committed Tie act HI really lie.
ieypd he was thereby producing ii public
benefit or carrying ont tnillspration OF
Divine origin or approval. Such belief
would not afford an excuse, nor would