Evening star. [volume] (Washington, D.C.) 1854-1972, 1932-05-29

cult Court of the District Of Columbia,
Guiteau's Appeal c ;tsuT Of Ap-
Denied by Court. t hesH' app 5esI''e Of
Charles j. Guiteau from his conviction
in the Criminal Court of the murder
of President Garfield and affirmed his
sentence of death, to be executed on
June 80. The Star Of that date con-
tains Q report Of the findings and the
opinion Of the court, which was pri-
marily directed to the question OF juris-
diction. it having been contended by
the defense that the death Of the VIC
tim having occurred In the State OF
held in the District of Columbia. The
appellate bench was composed OF
Judges Cartier, Macarthur. Hagner
and James. Judge James rendered de-
cision which rejected all appeals.
The court held that the place where
q fatal blow Is struck is the place Of
the murder" The Stars report says:
The law contemplated that the in
jured person may languish. Could 1t
be intended that the offense could not
be completed unless the victim died,
for instance in the dooryard, or maya
zine, where the blow might have been
committed? It was the duty and prob
able intention Of the Legislature to fur
nish to the places named" (-the area
occupied as the seat of Government-),
complete protection against the Of
tense named. Where q murder was
committed at all this statute applied
to it, If the fatal blow was struck in
one Of the places designated in the
statute. He referred to the provision
Of the Constitution granting the &C
cused in criminal cases the right Of
speedy trial In the place wherein the
crime was committed. The protection
away by ingenious theories. The Con-
stitution designated that there could
be only one place where the accused
could be subjected to trial. The court
held, therefore, that the Criminal Court
has jurisdiction in the case.
Referring to the exceptions taken
to expert and non-expert testimony re-
garding the ability Of the accused to
distinguish between right and wrong,
Judge James said the capacity of the
accused to make such distinction was
what the law required to be known in
determining the question Of insanity.
The opinion, after reviewing these ex-
ceptions, briefly passed them by. In
reference to other exceptions to expert
testimony the court held that the
testimony given in the form Of opinion
was not an invasion of the jury box"
An additional opinion was rendered
by Judge Hagner supplementing the
view that the place of the blow was
the place Of the murder. When Judge
THE opinions that have been uttered
are the unanimous opinions of the
court. Therefore, new trial shall be
denied and the judgment Of the court
below is affirmed"
The Star also gave an account OF the
manner in which Guiteau's attorney,
Charles H. Reed, who had succeeded
Scoville as counsel, informed him Of
the action Of the court, continuing:
There will be no change in the care
Of the prisoner in consequence Of this
decision. Ever since he was sentenced
the death watch has been maintained,
and the only change now probable will
be that there will be fewer visitors adj
not settled, and it lies within the dis
erection Of the warden. In the morning
Mr.. Reed will 60 to the jail in COM
pany with q notary and have Guiteau
sign q number Of papers, which will
be used in the next step Of the case"
The next day, May Is, 1882, q re-
porter for The Star asked Mr.. Reed
what proceedings he next proposed to
institute, but the attorney declined to
give any information. It was, however,
assumed that the next move would be
an application for q writ Of habeas
corpus or possibly q writ for an in
quiry into the mental condition of the
convicted man.
Guiteau was executed at the District
Jail in accordance with his sentence,
ON the 30th Of June. 1882, all further
measures In his behalf having failed.