Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-04
Fifty Years Ago
In The Star

With the death Of President GARFIELD
1t became certain that Guiteau who
c.:.,. shot him on the ID Of
oulteau July, 1881. would be tried
Oafense for murder. The Star Of
e"'e' September 20, 1881. prints
a dispatch from Chicago. as follows:
George Scoville, the brother law
Of Guiteau, is in this city. In answer
to the question whether he viii act as
counsel for the assassin, he said that
he would rather leave it to the Govern
mcnt to appoint counsel for him, but
his wife, Guiteau'S nearest relation, and
almost his only friend on earth, insists
that he shall appear as counsel and he
supposed he would have TO grant the
request. He would, therefore, be on
hand in Washington when the assassin
was called on TO plead. The question
was asked, DO you anticipate a speedy
trial?' I don't know about that; I
don't think Guiteau can be tried right
away. When he is called upon to plead,
the time for his trial will be fixed He
will have to secure time in order to pre-
pare for a defense. Witnesses will have
to be summoned from all parts Of the
country. and that will take time
What will be your defense?' he was
asked. 1 think that has been pretty
well outlined. I am not in favor of
making any technical objection to the
foS-n Of the indictment or to question
the Jurisdiction OF the court. Our de-
tense will be insanity, and ! should
not advise anything else. We have known
nothing of Guiteau for three years past
until this Summer. I do not apprehend
but that he will be accorded a fair trial.
Our greatest effort will be to get men
on the jury who will have judicial
minds, men who have read Of the case.
know the facts, and who will be fair in
the trial 1 believe that the Govern
and that he shall have an impartial
trial."
"The question of Jurisdiction in the
Guiteau case, first raised in The Star.
has been widely
4ne question discussed" saws
of Jurisdiction. te M 9'"t go o. f HsG
Some Of the ablest juristS of the land
have studied the question and written
opinions upon it. EX-Chief Justice Ag-
new of Pennsylvania has Just presented
his views in an opinion that seems to
clearly establish the jurisdiction of the
District of Columbia. This distin-
guished jurist first devotes his attention
to a legal definition Of murder after
providing that a person who commits
willful murder within any fort. arsenal
dockyard, magazine, or in any other
place or district or country under the
sole and exclusive jurisdiction OF the
United States, shall suffer death The
death, says Judge Agnew, is the essen
tial element OF the crime. He holds
that as the crime Of murder was not
contaminated in the District Of Column
bia. the sixth amendment to the Con-
stitution does not therefore confer
jurisdiction upon the District: that it
needed legislation to confer this juris-
diction. This legislation, Judge Agnew
holds, was provided In the act OF March
2, 1857, which is as follows:
when any offense against the
United States is begun in one judicial
district and completed in another 1t
shall be deemed to have been commit
ted in either. and may be dealt with, in
quired of, tried, determined and pun
ished in either district, in the same
manner as If 1t had been actually and
wholly committed therein
This act, says Judge Agnew, is clear
ly remedial, intended to cover a defect
in the law; that 1t fully comprehends
Guiteaus case and subjects him to trial
in the District Of Columbia, unless it
should be held that the District is not
judicial district; which the Judge
maintains would be an unwise interpre-
tation and an absurd technicality. He
holds that the judicial district charac-
ter is evidenced by the legislation of
Congress which has established within
the District Of Columbia district and
circuit courts. Judge Agnew, however,
advises the New Jersey authorities TO
take all proper steps to save the juris-
dicticn Of that State, 50 that, should
the question OF jurisdiction be raised in
Guiteaus case and decided against the
District Of Columbia, New Jersey might
assert her right to try the criminal. Mr..
Scoville, Guiteau's brother-in-law. who
has undertaken the defense, has stated
that he will not raise the question Of
jurisdiction, but will depend upon the
insanity plea. Notwithstanding this
statement, 1t can do no harm to follow
Judge Agnew's advice and take such
steps as will secure the arraignment
and trial Of the assassin In both juris-
dictionA."