Daily Wabash Express, Terre Haute, Vigo County, 26 January 1882 — Page 2

«siY'.nTIMttotffcl'e S IKK COLCJtS TOl B* I LSGKB PTVR «!.tfTJ5 l'A£ LIME tACH. .t'HT'OX. SOIKHW /!EC£OS2J) L5S8 TRJLH TIVX **. HCMSCOOTI N- LOJfft TCT3 A7YM*ns»• it ar?R. \h the amour-ts re Kcoil payment is eqaired in advanct.

WAKTBD.

»1? AIV TE»—A good one-horse, tewmd-hand spring wagon for sewing machine buslners. Call at 304 Main street, city. ii &HT85 tr—For tl-e new City and County

W Directory, ell changes in firm*, cbanres Jn retK antes, eta., find names, residences, etc., ef perw-ns movii-g to the city lately, or persona wh(» think tbey have been roiseed by the canvassers. All Information of the above character desired, and if sent or brought to the office, il Bcaoh Block. will beproperly 5Merted.

*XXA"vfKir—X"hou»e in good repair, cenfV trally located. North aide Preferred. Address E. M. Delano, Henderson, Kentucky.

ARTED-HOBSES AND MULEB—For which I will pay the highest market rice. I will be at Carico's Livery Stable until

Jarrh 1st.

1J6 main street.

packages for $5. Addre all orders to J. B.'Simmon Medicine Oo.. NOB. 104 and 106 Main street, Buffalo, N.T.

Sold in Terse Haute by Groves 4 Lowiy.

STRAY KOTICE.

Taken up, December 20th. 1881, by James D. Brunker, of Hereon township, one red and white bull, has no brands or n»rks, supposed to be three years old, and appraised at thirteen dollars, before H. R. Copeland, J. P.

ON RESIDENT NOTICE.

No. 12,916.

In tho Vigo Circuit Court, November term, 1881. Thomas B. Johns vs. tho unknown heirs of Joseph Garllnghouse. To quiet title.

Be it known that on the 9th day of January, 1882. it was ordered by the Couit that the Clerk notify by publication said unknown heirs of Joseph Garltngbouse, as non-resident defend-ants-of the pendency of thisaction against them.

Said defendants are therefore hereby notified of the pendency of said action against them, and that the same will stand for trial on the 11th day of March, 1882, the same being at the February term of said Court, in the yew 1882.

WANTS, ETC. DAILY EXPRESS.

CHAS.0. E.BKL & CO.. Publishers.

SAMUEL STROCSE.

FOR BENT.

IOR RENT—Desirable rooms for rent in JL Briggs* Block, corner Fourth and Cherry streets. None but respectable tenants need apply-

KKJST—Desirable dwelling on south Third street. Apply to J. D. Early. 118 Main street.

Mft RENT—Third floor Marble Block, front room, 46x25. No. 62Main street. Enquire at Jeffers' woolen mill.

I•'

^OR BEST—One unfurnished front room on fln-t floor. Enquire at No. i06 north Eighth ftreet. 1. «R K*KT—Desirable brick dwelling, No. 222 South Fifth street. Apply at once at

J. D. EAALY«

FOB SALE.

70R SALE—Two fcood mirrors, several counters and cne silver-plated show cose six feet long. Apply at Lee Hirech's, corner Third end Main streets.

t/OR *AI,E—HOUSES AND LOTd-Two I on tho corner of Flrfit and Linton streets three on feoud anl E-sgle. I'M* piopeny belonged to Rufus St. John, decea-ed. The property must be sold at once, and there are Jost five ehanca, for the five good bargains. Apply to Qeorga Plantt, at John Armstrong's, No. 10 north Third street.

LOST.

LOHT-Lady's

gold braided necklace with

locket attached, lost Monday evening, somewhere between Mr. Hammerstein's reMdenee, on North Fourth street, and the Filbeck House, or between the Filbeck Hou3e and Mr*. Aydelotte's residence, on South seventh street. The Under will !»e liberally rewarded by returning the same to No. 113 North Fifth street.

N. FILBECK.

13 Morton Post No. 1, Kegular A.% 1\ Encampments, flrbt and third Ihuisoay evciii: ^9 of each month. Special meetings, for sociul and historical purposes, on second and fourth Thursday evening*. Headquarters, G. A. B. Hall, corner Sixth ana Main treets. Visiting comrades are always welcome. .mm—mm*•—i •.••x—fl

FIFTH STREET

SECOND HAND STORE

IS SOUTH FIFTH STREET.

Second-hand furniture bought and sold. Bepair work neatly done. A liberal cash price paid for cast-off clothing.

To Hervotts Sufferers—The Great EuroDean Eemedy—Dr. J, B. Simpson's Speoiflo Medioine.

It is a positive euro for spermatorrhea, semi sal weakness, impotence and all diseases re-

fllting

from self-abuse, Ki mental anxiety, loss at memory, pains in back or side, and diseases that lead to consumption, insanity and anearly grave. The Specific Medicine is being used with woa li nocess.

Pamphlets

gent free toalL Write forth em and get full particulars.

Price, Speoiflo, $100 per

MERRIL N. SMITH, Clerk.

STBAY NOTICE.

Taken up, December 18th, 1881, by William Stulta, of Otter Cresk township, one red steer, bear* no brands or marks, supposed to be one year old past. Appraised at fifteen dollars, before N. A. Cox, J. P.

OTICE OF ADMINISTRATION

The undersigned hssl mlnistrator of the estate worth, deceased. The est-* solvent. MILES ELLINGSWOBTH,

November 4th. 183t. Administrator.

iff#

^5'5rn 5 5 So

siJ.: CA. OV' X-

"^1

ili!

oHA 2Z

TAKE NOTICE.

I O

Want to sell a carriage Went hoarding place, 7 ant to borrow money,

Want to sell dry goods, Want to sell Groceries, Want to sell furniture,

Want to sell hardware,

Want a Job of blacksmithing, ant to sell millinery goods, Want to sell a house and lot.

Want to find any one's address. Want to find a strayed animal, Want a cook, W%nt a dtuaUou,

Want & salesman, Want a servant. Want to rent a farm,

Want to sell a plana. Want to sell a horse, Want to lend money,

•.-4 Want to buy a house. Want tobuya horse, Want to rent a house, Want to buy a cecond-hand carriage,

Want to sell agricultura implements Want to find anything you have lost, WuittoadvarUce anything to advantage,

Want to find an owner for anything, Want to make money, A ant to make a name,

Want anything at all,

Advertise in the

DAILY [EXPRESS,

TEKRE HAUTS, THURSDAY. JAS. 2. 168?.

JAMES H. MONKBX,?

PUBLICATION OFFlCis*—Ho. 16 (w«n «Rh Street, Printtog Eeces SquJBfe. Kntered aa reMcd-claas matter im fc« frosf Offioe, at Terre Haiite, Ind.

Term* of

v'.».

VaS\y FUorw*, per w«-ek Ct| per year. —KO.« «(S months. 6.00 & W 2 S

Issnefi ever? aiorBiag eacoept Monday, and deli^etod hyttrriar-

Bxptem. j:«7ear, tfngte 8nb«7ir-^^

V?l.ekly E^^" inonthB, ai^le rob•rHptton^j. »®?P IsraMon Thtmdaya.

p- Ad vertlMcieBU

Insert«in the Dally and Weekly on reasonable tnrmii- For pflrticulajs apply at or address tha offioa. A limited amowH of advertisina will be published in the Weeklv.

Clnb^atM of Weekly.

For clubs of Sv« there will b« a eaaa oisoonat

A A A 4 4 A A W

club pays for, not less than six monUis. For clubs of ten the «m» rate of discount, and in addition The Weekly Express tree fox the time that the club pays for, not less than six mouths*

For clubs of twenty-five th&rune rate of discount, and In addition The D*Uy Express for the rtma that the club pays for, not ten tha* six months.

F®r clubs of over twenty-five tho same terms. Fi-wtaee prepaid in all case* when sent by mnii- BnbemptioaJ payabls in edyanct.

0&-AU six months snbgoribers to tlie Weekly Express will be supplied FREi£ with "Treatise OH the Horse and his Dipeases," a valuable standard illustrated work the price of which is twenty-five cent*. No horse owner should be withont it.

Persons subscribing for the Weekly a year will receive in addition the Horsebook and our illustrated Almanac.

Remember, the Weekly s.nd Horse-book for 65 cents the Weekly, Ho7B#-book and Almanac for $1.25.

The Garfield memorial services will be held on some day previous to the 12th of February.

The star route evil still exists, and it is asserted that as long aa the present form of contracts exists there is abundant room for the perpetration of fraud.

It is now expected that the president •will rapidly makess change? where he hss contemplated doing so, and will fill all vacancies without further delay.

Thomas Stringham sued the widow of A. T. Stewart for $50,000 damages for injuries received by the fall of an elevator. The jury gave him $15,000, to Which the court added $500.

William Richards, of Dover, New Jersey, a few days ago deserted his wife and three children and doped with Miss Lizz^pXambert. The guilty couple were arrested in New York, but were subsequently released.

The democratic members of the lowsr -house of congress, under the cry of economy, have adopted a system of obstruction which, if persisted in, will seriously interfere with the transaction of all kinds of business.

The Cincinnati applicants for the postmasterhip and collectorship are becoming very uneasy over the tardiness of the president in making the appointments. Of course all are hopeful of Buccess, and probably the president thinks he is doing a kindness in delaying the matter as long as possible.

The first bill relating to the Mormon question which will be pushed to the front is that of Shellenbarger, of Pennsylvania. It merely provides that no polygamist shall hold an office or appointment of trust or profit. It is but an entering wedge, and if its passage is secured, it will be followed by other measures which will bring the Mormons under control of the authorities.

It is expected that all the bills incident to Garfield's illness will be audited by the first of February. Dr. Bliss has called upon the chairman of the committee and consented to furnish an itemized account of his services without making out a bill. The other physicians will also pursue the same course. Thus far the bills presented have been found to be reasonable. The railroads have sent in no bills except for the transportation of congressmen to and from Cleveland.

The insurance men are to receive none of the Geneva award. The surplus is to be divided among the war premium men, the sufferers "by the exculpated cruisers, and the merchant seamen who have individual claims for injuries and ill health due to wounds aad imprisonment inflicted by the exculpated cruisers. No member of the committee that considered the matter favored giving the insurance men anything. They probably considered that the insurance companies made enough out of high premiums to cover all losses.

Dr. Levi D. Boone died on Monday at Chicago, aged 73. He was a grand nephew of Daniel Boone, of Kentucky, in which state he was born. In 1829 he re moved to IUinsis, and after serving in the Blackhawk war removed to Chicago, in 1836. In 1848, during the cholera epidemic, he was made'eity physician, and afterwards, in 1855, was elected mayor. At the breaking out of the rebellion he was active in .securing volunteers, and offered a liberal bounty to the widow of the first soldier from Chicago. He lost heavily by the great fire of 1871, but retrieved it subsequently. He was a leading member of the Baptist church, and from its inception was identified with the university of Chicago.

Anew mode of office seeking has come to light in Washington. A man of great political inflaeoca in one of the western states viaited the capital to unload himself to the president of a great burden of political information concerning his state. Among other things he asked the removal of a certain official, which was promised, sfter which he returned home and recommended three or four estimable gentlemen for the position. Soon the applicants got into a fierce wrangle, and, to settle the matter, the cause of all the trouble was recommended by the chairman of his state central committee for the vacancy. When the facts became known the presided concluded to make Qookuge,

THE STATE OFFICES.

In the Daily Express of Wednesday the accidents] introduction of the word not" in an editorial article gave a different ms«ning from that which waa intended. Speaking of the politieal prospects," and the action of the next Republican state convention, we intended to say that there will be now, ^wrangle over the Geminations, as it generally conceded that the incumbents of the atate offices will be renominated. There will be to elect—a secretary cf state, auditor of state, treasurer of state, attorney general, superintendent of public inatrtiction, and clerk of the supreme court. The persons filling these positions are all republicans and efficient officers, and there is no reason known to why they should not be renominated. Their namea are as follows, in the order above stated E. R. Hawn, E. H. Wolfe, R.

S. Hill, D.P. Baldwin, J. M.

Bloss and J. W. Gordon. Neither the governorship, lieutenant governorship nor clerkship of the supreme court is to be filled this year. The places of Supreme Judges Howk, Niblack aud Worden—all democrats—are, we believe, to be filled at the November election.

THE NATION'S TEBDICt

At last the suspense is ended, and the cowardly assassin who murdered President Garfield in July last has been convicted of his infamous crime. For more than ten weeks the trisl dragged slowly along, fend seemed as though it would be stretched out for months. The daily moulhiogs of the prisoner became as familiar as household words, and as disgusting aa his worthless career has proven to be. His assumed ravings in court have availed him nothing. The jury pi coed the true estimate on his actions and held him responsible for. bis crime. The time oo&sumed by the jury in finding him guilty was no longer than it took to write the verdict. The trial ha? been long, but the result is satisfactory. The verdict of the jury is the verdict of the nation, that now demands that it shall be carried out as speedily as possible. Too much has already bsen heard of the miserable wretch, and the sooner he is sent into the presence of that Deity of whom he talks so much the more gratifying it will be to every person who has eyer heard. of his crime.

The anti-Blaine organs a shori time ago endeavored to have the country believe that be moved heaven and earth to remain in the cabinet. They have now changed their tactics somewhat. The Boston Herald put it this waj:

Mr. Blaine's friends, we are told, and the supporters of General Gaifleld. are becoming a little impatient that President Arthur does not give them more occasion to antagonize his ad* ministration. The programme at first announced, of having every Blaine adherent "lay his commission at the feet of the president," didn't work. The proposed martyrs were as unready to become such as the president ap« pears to have been to make thesa such. We advise the uneasy leaden not to be in a hurry for the inevitable row. A picked quarrel doesn't always result to the advantage of the belligerents. Both sides pretended to desire harmony. President Arthur is giving them whole ban of it—in slow time. The discord wtll come when the overture is finished and the dance begins for 188 i.

A. bill has been agreed npon to carry out the provisions of the Chinese treaties, and it will shortly be reported to the senate. It is not up to the expectations of the citizens of the Pacific coast, but is probably as good as they will get at the present time.

AMEN!

Coulinutd jrom Firtl Paje.]

spile, and as Judge Porter piled up Otesa of invective upon Pelion of denunciation the prisoner unwittingly emphasized and corroborated the diagnosis of deprayity and wicked heartedness which counsel was witn such telling effect pronouncing upon him. You know that's all'an absolutely, desperate, wicked, devilish life," finally shouted Guiteqo, stammering with rage and nervousness.

Recess. After recess, Guiteau announced that he should not interrupt unless it was warranted, but the harrangue ha stemed about to start in upon was summarily cut short by Judge Cox, who commanded him to keep silence.

Judge Porter resumed. "There is one man between you and the grave of the slaughtered President who knows whether his detense is a sham or not.

Guiteau—It js a true defense, and you kuow it. Porter—The truth, will, however, burst both and reach the consciousness of eyery one if from no other source, it will make its way from the murderer himself.

Judge Porter then read from the letter of the prisoner to his father, in which he said, "for years I was haunted with the idea that I was cut out for some greet mission, but now I am convinced that it was but a devilish delusion, and renounce my overweening vanity and egotism."

Guiteau—Well, I've changed my mind since then. That was ten years since. Later, reading from Guiteau'* criticism upon the religious and moral growth of the past 6,000 years, Judge Porter said: "Could Judas lscariot himself have pronounced a more sinister judgment?"

Guiteau—Judas Isoariot would have employed you aa his attorney, you big liar you. "His whole life," said Judge Porter, "was in accord, and all the evidence substantiates the assumption that revenge aud a morbid desire for notoriety actuated the prisoner."

Judge Porter passed to the discussion of the direct issue of the case, whether or not the prisoner was insane on the 2d of July. "The prisoner himself," he said, "does not claim to be insane."

Ouiteau—I do not now, but I was on the 2d of July, and for thirty daysa previous. Transitory insanity, that's what I claim.

Replying to this claim, Judge Porter pointed out its absurdity, that, like a stroke of lightning, all his insanity should vanish in an instaat that it should envelop him completely day after day for the purpose of murder lhat it still clung to him after the first shot was fired, and only left him after he saw his victim sinking helpless to the ground, and then it instantly worked off and left him a perfectly sane man.

Guiteau—Well, transitory mania was the plea that Sickles got off on, and you were on the prosecution of the case, and got beaten on the very same doctrine you are trying to fool that jury on.

Passing on to the expert testimony. Porter said every one of the thirteen experts had sworn on personal examination that the prisoner never was insane, and three of them were witnesses who had come under subpoena from the defense, believing from public rumor that he was iBsane.

Prisoner—They all said I was insane on the 2d of July, until they aaw Oorkhill, and they changed their minds.

Porter—They examined him, cam* to

the conclusion that be was pane, and notified cconcel for the defence that they should so awear. Three of them remained. There men, euhpeened on both sides, themselves the foremost men in their specialty, and eekcted because they were men of European reputation, all

He then proceeded to analyse the testimony, the various interruptions, and the speech to the jury of the prisoner, commenting on the various sentences as be went aloog, and was met by constant in teruptiona and virulent remark* by the prisoner in the dock. At times counsel and prisoner were speaking at the same time. Almost every other sentence uttered by Porter waa jetorted to by the prisoner. Porter closed his argument as follower

GENTLEMEN The lime has come when I musl close. The Government has presented its esse before you and we have endeavored to discharge our duty to the best of our ability. His Honor has endeavored to discharge his. I know you will be faithful to your oaths and discharge yo'irs. So discharge it that by yourjection, at least, political assarsination shall find no sanction to make it a precedent hereafter. He who has ordained that human life shall be shielded by human law from human crime will preside over your deliberations, and the verdict which shall be given, or withheld, to-day will be recorded where we all have to appear. I trust that the verdict will be prompt that it will represent the majesty of the law, your integrity, and the honor of the country, and that this trial, which has so deeply interested all nations of the earth, may result iu the decision, to reach all lands, *hat political murder shall not be used es a rreans of promotins party ends or political revolutions. I trust aleO that the time shall come, in consequence.of the attention that shall be called to considerations growing out of this trial, when, by international arrangement between the various governments, the law shall be so strengthened that political asaaRsics'shall find no refoga on the face of the earth. Vc* '^*1'

THS JUDGE'S CHABGE.

.fudge Cox, at 3:15 p. m., proceeded to deliver his charge to the jury. He commenced by saying: The Constitution provides that in all criminal prosecutions the accused shall enjoy the right of a speedy and public trial by an impartial jury, in the state or district where the crime shall have been committed that he shall be ininformed of the cause and nature of the accusation against him that he shall be confronted.with the witnesses against himjithat he shall have campuUory procere to obtain witnesses in his favor, and that he i'shall have the aesistsnce of counsel in his defense. Theee provisions are intended for the protection of the innocent from injustice and oppression, and it was only by their faithfal observance that guilt or innocence could be fairly ascertained. Every accused persou was presumed to be innocent until the eccusation was proved. With what difficulty and trouble the Law has been administered in the present case the jurors have been daily witnesses. It was, however, a consolation to think that not one of those •acred guarantees of the Constitution had been violate in the person of the accused. At lest the long chapter of proof was ended, the task of the advocate was.done. And it how rested with the jury to determine the issue between public justice and the prisoner at the bar. No one could feel more keenly than himself the great responsibility of his duties, and he felt that he could only discharge them by close adherence to the law, laid down by its highest authorities. Before proceeding further, he wished to notice an incident which had taken place pending the recent argument. The prisoner had frequently taken occasion to proclaim that public opinion, as evidenced by the press and his correspondence, was in his favor. Those declarations could not be prevented, except by the process^ of gagging the prisoner. Any suggestion that the jury could be influenced by such lawlass clattering of the prisoner would have seemed to him absurd, and he should have felt that he was insulting the intelligence of the jury if he had warned them not Jto regard it. Counsel for the prosecution had felt it necessary, however, in the final argument, to interpose contradiction to such statements and exceptions had been taken on the part of the accueed to the farm in which that effort was made. For the purpose of purging the record of any objectionable matter, he should simply say that anything .which has been said on either Brde in reference to public excitement, or to newspaper opinions, was not to be regarded by the jury, The indictment charged the defendant with having murdered Jamss A. Garfield, and it w%s the duty of the Court to explain the nature of the crime charged. Murder was committed where a person of sound memory and discretion, unlawfully killed a reasonable beiog, against the peace of the United States, with malice aforethought. It had to be proved: first, tbat death was caused by the act of the accused, and further, that it was caused with malice alorethought. That did not mean, however, that the government had to prove any ill will or hatred on the part of the accused toward the deceased. Wherever homicide waa shown to have been committed without lawful authority, and with deliberate intent, it waa sufficiently proved to have been done with malice aforethought, and malice was not disproved by showing that the accused had no personal ill will towards the deceased, and that he killed him from other motives, as, for instance, robbery, or through mistaking him for another, or fas claimed in this case) to produce a public benefit. If it could be shown that the killing occurred in the heat of passion, or under provocation, then it would appear that there waa no premeditated attempt, and therefore no malice aforethought, and that would reduce the crime to manslaughter. It was hardly necessary, however, to say that there was nothing of that kind in the present case. The jury would have to say either tbat the defendant was guilty of murder, or that he was innocent. In order to constitute the crime of murder the assassin must have a reasonably sane mind, in technical terms, he must be of "sound mind, memory and discretion." An irresponsibly insane man could not commit murder. If be was laboring under disease of the mental faculties to such an extent that he did not know what he was doing, or know that it was wrong, then he was wanting in that "sound mind, memory and discretion" that was part of the definition of murder.

In jhe next place every defendant was presumed innocent until the accusation against him wqs established by proof. In the next place notwithstanding this presumption of innocence, it was equally true that the defendant wai presumed to

.J*

swore

tbeae was no disease ef the brain in this man—no insanity—but that he was as sane as any of us.

ke Bane,

and to

have been BO at the time the crime was done that iB to say, the Government was not bound to show affirmatively, as part of it proofs, that defendant waa sane. Ab insanity was the exception, and aa the majority cf men are sane, the law presumed the latter condition of every man, until some reason waa shown to believe to the contnry. The burden was therefore, on the defendant who set up insanity as an excuse for crime, to produce proofs, in the first instance to show that the presumption was mistaken so far aa it related to the prironer. Crime therefore involved three elements: The killing, malice ami a responsible mind in the murderer. After all the evidence waa before the jury, if th« jury, while bearing

IL'JIA,

in mind both of these presumptions that the defendant is innocent till he is proved guilty, and tbat he is sane till the contrary appears, still entertains what is called a reasonable doubt on any ground or as to any of the eseential elements of ciime, then the defendant waa entitled to the benefit of that doubt, and to uittal. port an iy what is a retsonabls doubt. He could

acqu It waa important to explain to the jury hern in the best wsjr that the court could.

hardly venture to give the exact definition of the term, for he did not know of any successful attempt to do eo. As the questions .relating to human affairs a knonledge of

which is derived

from testimony, it waa impossible to have to same. Certainly^ that is created by scientific demonstration. The only certainty that the jnry could have was a moral .certainty, depending upon the confidence which the jury had in the integrity cf the* witnesses, and in their capacity and oppo tunity to know the trutb. If, for example, facta not improbable in themselves were attested by numerous witne8se?, credible and uncontradicted, and who had every opportunity to know the truth, a reasonable or moral certainty wculd be inspired by that testimony. In such a case, doubt would be unreaxcnable,or immaginary, or speculative. It ought not to be a doubt as to whether the party might not be innocent in the face of the strong proofs of his guili, but it muAt be a sincere doubt whether he had been proved guilty. Even where the testimony was contradictory, and where more credit should be given to one side than to the other, the same result might be produced. Oa The other hand the opposing proofs might t*40 balanced that the jury might justly doubt on which side, under all circumstance, the truth lay and in such a case, the accused paity wss entitled to the benefit of the doubt. All tbat the jury could be expected to do was to be reasonable aud morally certain of the fscts which they declared to.be their verdict. In illustrating this pointy Judge Cox quoted the charge of Chief Justice Shaw, of Maesschusette,, in the case of commonwealth vs. Webster with reference to evidence in this case very little comment was required by the Court, except upon one question, the others being hardly matters of dispute. That the defendant fired the bhot and shot the deceased President was abundently proved. That the wound was fatal has been testified by eurgecn3 who were competent to speak, and they were uncontradicted. That the bcmocide wan committed with malice aforethought (if the defendant were capable of criminal intent or malice) could hardly be gaineaid. It was not neceefary to prove that any special or express hatred or malice was entertiiaed by the accused toward the deceased. The jury would find little difficulty in reaching a conclusion, as to all the elements that made up the crime charged in the indictment, except it might be as to the one of sound mind, memory and discretion. But that was only the technical expression for a reasponsible, ssne man. He now approached that difficult question. He had already sMd that a man who is insane in the sense that makes bim irresponsible oannot commit crime. The defense of insanity had been so abused as to be brought into great discredit. It was tbe last resort in case of unquestioned guilt, It had been the excuse for juries bringing in a verdict of acquittal when there was public sympathy for the accursed, and specially where there was provocation for homecide, according to public feosiment, but not according to law. It was sufficient to prove that the act was done by deliberate intent as distinct from an act done under a certain impulse, in the heat of blood, and with previous malice. Evidence had been exhibited to the jury, tending to show that the defendant admitted in his own handwriting that he had conceived the idea of "removing the President," as he called it, six weeks before the Bhooting that he had deliberated upon it and came to a determination te do it, and that about two weeks before he accomplished it, he stationed himself at certain points (o do the act, but for some reason was prevented. His preparation for. it by the purchase of a pistol had betn shown. All these factB came up to the full measure of the proof required to establish what the law denominated malice aforethought^ The jury view it with disfavor, and public sentiment was hostile to i' nevertheless, if insanity were established to the degree necessary, it was a perfect defense for. an indictment for murder, and must be allowed its full weight. It would be observed that in this case there was no trouble with any question about what might be called total insanity, Buch as raving mania, or absolute imbecility, in which all exercise of reason is wanting, and where there is no recognition of' persons or things or their relation*, but there was a debatable bbrder left betweeu sanity and insanity which must not be lost sight of, and they mnst decide how far it was applicable to this case. Tbat was the distinction betweeu mental anS moral obliquity, between mental incapacity to distinguish between right and wrong, and moral insensibility to that dis| tinctioo.

The Ju'lg*, in conclusion, said: And now, g'-mlemeD, to sum up all I have said to you, you fiod from the whole evidence that at tbe time of the commission of the homicide the prisoner was laboring under such defect of his reason that he was incapable of understanding what he was doing, or seeing that it was a wrong thing to do, as, for example, if he were under an insane delusion that the Almighty had commanded him to do the act, then he was not in a responsible condition ef mind, but waa an object of compassion, and should be acquitted. If, on tbe other band, you find he was under no insane delusion, but had possession of his faculties, and had the power to know his act was wrong, and that of his own free will he deliberately conceived the idea and executed the hpmicide, then, whether his motives were personal vindictiveness, political animosity, desire to avenge supposed political wrongs, or a morbid desire for notoriety, ci if yoa are unable to discover any motive at all, the act is simply murder, and it is your duty to find a verdict, of guilty, as indicted, or [after a suggestion from Scoville to that effect] if you find the prisoner is not guilty by reason of insanity, it is your duty to say so. You will now retire to your room, and consider your verdict."

During the delivery fo the Judge's charge, which was completed as 4:40 p. m., there was perfect stillness in the crowded court room, and even the prisoner kept abeolutely quiet, with the exception of one or two feeble interruptions. The jury immediately retired, and many spectators left the room.

WAITING FOB THE VERDICT. After the jury had been out about twenty minutes, recess was taken until half past five o'clock. Many of the audience, who bad virtually been imprisoned since half past nine in the morning, availed themselves of the opportunity to obtain fresh air and lunch. The prisoner, at his request,' was allowed soon after the jury left the court room to retire to the little room, he haa occupied eioce tbe trial began, *s a waiting ro?m during rfeeBP. Before leaving the court room he evinced considerable nervousness, but ong getting away to comparative seclusion hi usual compo»me and assurance soon returned to bim. He sent out for some apples, with which he treated his attendants, meanwLile chatting familiarly and goodnaturedly. He waa aaked what he thooght the jury would do, and replied: "I think tbey will acquit me or ,disagree, don't yoa?"

Within ten minutca after recese had been taken, the jury called to the bailiff in waiting that tbey were ready with their verdict. They were informed that recess had been taken, and that Jodge Cox had left the court room, so they remained in their room until court re assembled. The rumor that the jury had agreed waa quickly spread from ooe to another, and the excited crowd surged back into the eourt room and anxiously awaited what all seemed to expect, a verdict of guilty. The musty, antique roomie devoid cf gas. and a score or more OF candles which had been placed npon the de»ks of the Judge, csunsel and reporters, in-parted a weird and fancifully unnatural aspect to the grim old place. The ahzdows thrown upon the dark background of the walla seemed like flitting spectres to usher in the sombre procession ot those who held in their hands the destiny of human life. First came the prisoner, with a quick, nervous step, and as he eeatea himself In the dock, perhaps for tbe last time, the light of a solitary candle fell npon his face, and disclosed its more than usual pallor. Not a tremor of the limbs or a movement of tbe musclfs'of the fice waa observable as he threw back hie head and fixed his geze npon tbe door through which the jury were to tnter. Judge Cox soon afterward took his seat, the crier called "order," and the jary, at 5:35, filed slowly into their seats. Every sound was hushed Bave the voice of the Clerk ss be propounded to the foreman the usual enquiry. Clear and diatinct came tbe reply, "We have." "What is your verdict? guilty or not guilty?'1 With equal distinctness came the reply: "GUILTY AS INDICTED,"

The pent-up feelings of the crowd found expression in an uproarous demonstration of applause and approval. "Order, order," shouted the bailiffs. Scoville and counsel for the prosecution were simultaneously upon their feet. Sooville attempted to address the Court, but the District Attorney shouted, "Wait till we have tbe verdict complete, and in due form of law." Oi der was at length restored and tbe Clerk, again addressing the jury, said:

Your foreman says guilty, as indicted.' So say we all of us?" "We do," all responded. A nolher demonstration if approval followed this announcement, but not so prolonged as the first.

Scoville, still upon his feet, demanded a poll of the jury, which was granted, and each jurcr was called by name and each, in a firm voice, promptly responded 'guilty." As the last name was called

THS PRISONER SHRIEKED

"My blood will be upon the heads of that jury. Don't you forget it." ^Scoville again addressed the Court, saying "Your Honor, I do not desire to forfeit any right I may have under the law and practice in this District. If there is anything that I ought to do now to save those rights, I would be indebted to your Honor to indicate it to me." Judge Cox, in raply, assured him that he should have every opportunity that the charge would be furnished him in print to-morrow, and that he would be accorded all the time allowed by law within which to file his exceptions, and that he would also be entitled to four days within which to move in arrest of judgment.

Guiteau, who from the moment Judge Cox began the (klivery of his charge, had dropped completely his air of insolent arrogance, end sat with BIGID FEATURES AUD COMPRESSED LIP9, called out in tones of desperation: "God will avenge this outrage."

Judge Cox then turned to the jury and said: GENTLEMEN OF THE JURY: "I cannot express too many thanks for the manner in which you have discharged your duty. You have richly merited the thanks of your countrymen, and I feel assured that you will take with you to your homes tbe approval of votir consciences. With thank?, gentlemen of the jury, I dismiss you."

With this announcement Court was declared adjourned, and now the famous trial which has absorbed public interest and attention for more than ten weeks was ended. The crowd quickly left the court room, and tbe prisoner, with his manacled bauds, was led out. As he passed the reporters' tables he leaned over and called out to an acquaintance: "The court in banc will reverse this business." His appesrar.es was that of a man

DEEPLY MOVED WITH INDIGNATION at some outrage or indignity which had been put upon him. As he was being put in the vau the crowd oi men and boys yelled and shouted themselves hoarse in mockery of the prisooei's constant boast, "The American press and {eopl6 are all with me." Tbe van was quickly driven away followed till out of sight by the jeers and yells of the crowd.

WHAT BCOYILLE WILL DO.

Scoville will probably file a motion in arrest of judgement and for a new trial on exceptions. The law gives defendant four days to file the motion and reaaoBS for a new trial, and it is costomary for the court to set some day to hear argument thereon. Should this motion ba overruled, the defendant will appeal to the general term, and under the lajr the defendant is entitled to suspension of sentence until after the next general term, not exceeding thirty days. The January general term is now in session,- and the case cannot go there, but will be appealable to the April term. It is the custom of the April term to run until September, taking recess over July and August, but should it close by tbe latter part of May, then, if the judgment is affirmed, ths execution might take place Jn July.

TELEPHONE CIRCUIT,

Alphabetical List or SabHriben. ArmstSooi Dr Wm .'# Arnold DB livery stable

Adams Express Office American Express office. Austin A Co Artesian Bath House

Buckeye C«h Store Brown W Burnett I* A

Fairba&ksC retldtnce Fonts Banter A Co Farts A Farrington George E re- idenok FennerALotae Fire Department Headquarters Mh at Vlra House Hoi Fire Honw No 3 First National Faller E residence Gazette Daily Evening. Gilbert Kdward restdenoe Gilbert HC residence Gilbert W oyster bay Goldsmith CH Oilman A Reynolds ." Gtrdner residence Great Western Dispatch GasCoOffice Griffith implement store Griffith E residence Oilman Brothers Groves A Lowry G&rrabmnt fe Cole dry goods Gist Thomas livery stable Gwyn ACo grocers Glenn, McK. a Gknrer Drlnsldence Huasey Preston residence Hera A Hoberg Boot A Co HudnutACo Hudnot Theo residence Hnlman Hulman residence Hebb A Goodwin JOB printers Hager Luther Havens A Geades HeinI Montroee Hunter James store Horner Charles residence. HertfelderA Worster HavenaBF., Harrison grocer Hers A residence Hetnl I A St Passenger Depot 1A St Freight Depot IA St down town Landis Illinois Midland General office Johns lumber yard Jeffers UR woolen mill Keyee Manufacturing Oo Keith FF Keith residence .... Kelley A Blake Kidder Bros Water st jj ^3^5

Saturday Night Strong Jos Bchloss Philip Stewart Thcs residenoe Swlnegrnber—rresldenee

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Kidder Bros Avenue 4 Kueeter Dr CB reside-soe Kimmel Kern Jeweler Lewis livery stable Lawrence Ed Locke's Sons LjnsJ Lyne residence Linker Wm Man court W residence McKeen Bros mill McKeen residence McKeen 3am residence McKeen A Co bank McKeen Frank residence McKeen W residence Mayer's Brewery Mewhlnney A oft. Moore James 3 Millar HD A Co McLean Wm residence ff1 MischlerPP 9 Mallory Laf coal office Morgan A coal offioe

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Martin residence Myers Brothers fish market $ Mixer Charles residence National House National State Bank Newhart Philip hominy mill News Daily Evening Nlcolai -_ Ohmer's Depot Hotel Oil Tank Line s* Phoenix Foundry and achlne Works Paddock's Mill '1 Parker A A Co ,, Pialrle City Banki Prox Frank %tPowerCA & 1." .'iPost Office Perdue Ice Co Perdue residence Petton Brothers aippetoe A Miller Riddle Hamilton A Co Ryan livery stable Robinson A Oo store Robinson residence Robinson Chas A dragss Rau Charles WF Rogers A Co implement store Ripley W residents. Reiman A Richardson A Van Valsah Roach Ed fish and oysters a Rosenberg Louis Rapp Charles residence Revenue Offioe W Mtnshall .. Byan residence gi Ross A Balue Btaub Secretary's Office Telephone Exchange Seath A Hager Car Worka.| Btaub livery Strong Joseph Schaal A s, Shryer Brothers Shroeder Bhryer residence. Staff John Staff John residence Somes JB Shelbura Coal Company Btark Christ Smith A grocer Smith A Son Main bet 1st and 3nd' Branch house bet ith and 8th 8teveusonCP Smith EM Stout W grocer SpainDr A W residence Slaughter A Watkins

Iron and Nail Works

Allen S 3 residence Armstrong A Co Insurance AgentB Beauchamp & Miller BaurJJ ,• Briggs & Holmes Buntiu & Armstrong Bun tin & Armstrong Depot Drag StoreBra man Charles residence Brintnsan & Bussell B&uermeister St Busoh Boudinot BementBea A Co..

A EIR General Office Boahnell 4c BI Yard Leltnaker City Clerk's Office Cbfei of Police CrapoDr JR Ooal Blnff Mining Co Cooper 8 grocer Crawford residence Cook A Bell v. Crawford Wm a Combs A Crapo Dr W •..».! Chambers & King Conant&Bon Duy George O Duy George restdenoo DePnyDr Davis A Davis .. Buenireg Hugo reaMenee Drake Dr A Elevator "A"

ThompsonR Mill Terre Haute House THASBRB depot Townley Bros store Thompson W residenceTutgeBmil Telegraph Mills Van freight office Stewart Van master mechanic Peddle Van gen'l offices Farrliigton Van union depot ticket Girdner Van yard master Uckert Van auditor Roney Van muter transportation Elliot Van round house Wahler Tbos Wahler Thoe residence Weber Hotel White WR Wabash Iron Co Wright A Kaufman Western Union Telegraph Willlen Dr Weinateln Dr Weinstein Dr residenoe White A Wright Waters Dr S Williams residence Woodlawn Cemetery Woolsey residenoe Waterworks Wolf Mrs residence Watson Mrs O A residence Young Dr S Zimmerman John Call the Exohange by a short ring and wait for answering ring.

When through talking give a short ring as a signal to disconnnsct. All oomplalnts made to the Secretary or operators will receive prompt attention.

OTICE.

Byers Brothers grocers Burns ir Barton W agent Bartlett Bindery o? Bryant Ed reeidenoe

Blake residence. Bindley & Co" Carlco George WOliver & Simmons grocers CUft Williams A CO

E tTH Freight Office EwJng Express Daily Morning Bshman A Beese Ellis' Woolen Mills. Elder Dr Eugene Ice Co Eppinghousen ChasE ." Eiser AF v, Eaton Combs coal office. BATH Yawl Lotoor J-' Barly Jacob MrbaakaAPoeewag:

Notice is hereby given that the undersigned has been appointed administrator with tbe will annexed, of the estate of Almary Jewell, defeased, late of Vigo coaaty. The estate is probably solvent

For the Cure of Coughs, Colds, Hoarseness, Bronchitis,Croup, Infla. enza, Asthma,Whooping Cough,

W. B. RIPLEY, Secretary

IJEGALr

STKAY NOTICE.

Taken up by John D. Fuqua, of Fayette township, one red and white heifer, with short tail. Supposed to be two years old, and ap"",»TOOA.J. P.

ISAAC H, C. Boyse, Administrator.

ON-RE8IJDENT NOTICE.

No.12.9M. ...

State of Indiana, County of Vigo. I-itheVl*o Circuit Court, November term 1881. Isaac N. Phelps vs. Mary & Cory et al. foreclosure.

Be it known, that on the lith day of January, 1882, it waa ordered by tbe oourt mat tho clerk notify by publication said Mary E. Cory, Gee. W. Cory, Martha B. Walmaley, Simeon Cory, John w. Cory, Belle Cory, Mamie A. Cory, Edward L. Cory, Josephine Cory, Wllber Cory, as non-resident defendants of the pendency of this action against them. said defendants are therefore hereby notified of the pendency of said action against them and that the same will stand to trial March 18th. 1882, tbe same being at the February, term of said court In the year 1882.

cipient Consumption and for the it:liefof consumptive persons in ad van-P ced stages of the Disease. For Sale all

Ihoiggists.-—Price,^S_Cen^_

OTICE TO HEIRS, CREDITORS, ETC. In the matter of the estate of Elnora B. Blocksom deceased. In the Vigo Circuit Court. February term. 18S3.

Notice is hereby given tbat Robert E. Rymati as administrator of the estate of B. Blocksom deceased, hss presented and tiled hisaccount and vouchers in final settlement cf said estate, and that the tame will ccme up for the examination and action of said Clicuit Court on the 8th day of February, 1K2, at which time all heirs, creditors or legatees of said estate are'required to appear in said co»rt and show catue, if any there be, why said account and vouchers should not be approved.

IK* NLNALR AN/4 CAAI TIT UM VLBA (1

luut uiu wuuivia a.v. —, rr/.. rj Witness, theclerk and seal of said vlgo Circuit Court, at Terre Haute, Indiana, this I8th day of January, 1882^

OTICE TO HEIRS, CREDITOK6, ETC. In the matter of tho estate cf CoryJBarbour deceased. In the Vigo Circuit Oourt, Novctn^oUoe hereby given that Cromwell" W. Barbour as executor 3 the estate of Cory Barbour, deceased, has presented and filed his account and voucners in partial settlement of isaid estate, and that the same Will come np for 'the examination and action of said Circuit

Court on the 8th day of Febuary 1882, at which time all heirs, creditors or legatees of said estate are required to appear in said Couit and show cause, if any there be, why said account and vouchers should not be approved.

Witness, the clerk and seal of said Vigo Circuit Court, at Terre Haute, Indiana, tMs 16th day of January 1882.

MERRILL N. SMITH, CTeik

OTICE TO HEIRS, CREDITORS, ETC. Ia the matter of the estato of William Sheldon, deceased, in the Vigo Circuit Court, February term, 1882,

Notice is hereby given that Farwella Sheldon, as administratrix of the estate of William Sheldon, deceased, hai presented and filed her account and vouchers In partial settlement of said estate, ana that the same will come up for the examination and action of said Circuit Court on the 6th day of February, 1882, at which time all heirs, credltorsor legatees of said estate are required to appear in said court and lbow cause, if aay there be, why said account and vouchers should not be approvod.

Witness the Cleric and seal of said Vlgo Circuit Court, at Terre Haute, Indiana, this 6th day of January, 18*2.

MERRILL N.

SMirH,

Clerk.

TWTOTICE TO HEIRS, CREDITORS, ETC. In the matter of the estate of George llaslet decoased. in the Vigo Circuit Court, November tern. 1681*

Notice is hereby given tbat Isaac H. C. Royse, as administrator of the estate of George Haslet, deceased his presented and filed his account and vouchers in final settlement of said estate, and that the same wnl come up for the examination and action of said Circuit Court on the 8th day of February, 1882, at which time all heirs, or legatees of said estate are re-

aulredcreditors

to appear In Mid Court and show cause, any there be, wby said accounWind vouchers should not be approved.

Witness, the Clerk and seal of said Vim Circuit Court, at Terre Haute, Indiana, this 9th day of Jannary, 1882.

MERRILL N. SMITH, Cicikj

JSBOLUTION'NOTICE.

The Implement firm heretofore existing under 'he name of E. Coordes A Co., waa dissolved on the first of January by mutual consent, E. Coordes retiring on account of his 111 health. J. A. uergens will continue to carry on the business, as heretofore, at the old place will also attend to collecting all outstanding accounts and notes due the firm and pay all debts.

K. COORDES, J. A.JUEBGENS.

OTICE OF INSOLVENCY.

In the matter of the estate of Louis Hay deceased. In the Vigo Circuit Court No- 81. Notice Is hereby aiveu that upon petition filed in said court by David M. Wallace administrator of raid estate, setting up the insufficiency of the estate of said decedent to pay the debts and liabilities thereof, the judge of said court did, on the 14th dav of January, 1881, find ssidestate to be ptobasly insolvent, and orderthesametobe settled accordingly. The creditors of said estate are therefore hereby notified of such insolvency and required to file their claims against said estate for allowance.

Witness, the Clerk and seal of said court at Terra Haute, Indiana, thiB 14th day of January, iCf)

MERRILL N- SMITH, Clerk.

OTICE TO HEIRS, CREDITORS, ETC. In the matter of the estate of Linus B. Denehie, deceased, in the Vigo Circuit Court, November term, 1881.

Notice is hereby given that William F. Denehie, as administrator of the estate of Linus B. Denchie, deceased, has presented and filed hit account and vouchers In final settlement of said estate, and that the same will come up for the examination and action of said Circuit Court, on the 9th day.of January, 1882, at which time all heirs, creditors or legatees ot said estate are required to appear in said Court and show cause, if any there be, why said account and vouchers should not be approved.

Witness, the Clerk and real of said Vigo Circuit Court, at Terre Haute, Indiana, this 16th day of December. 1S81.

MERRILL N. SMITH, Clerk.

B. F. HAVKNS, Attorney,

ON RESIDENT NOTICE.

The State of Indiana, 1 In the Vigo Circuit Court. Vigo County, Adaline Paterflcld) vs. J-No. 12778. Archie Sotorfield.

Be it known that on the 2Sth day of Angust, 1881, said plaintiff filed an affidavit in due form, showing that said Archie Saterfield Is a non-res-loent of the State of Indiana.

Said non-retident defendant is hereby notified of tbe pendency of said action against him, and that the same will stand for trial at the November term of said court, in the year 1881.

Attest: MERRIL N. SMITH. Clerk.

Buff A Morgan, attorneys for plaintiff.

OTICE TO HEIRS, CREDITORS, etc. In tte matter of the estate of Sophia Faller, deoeared. In the Vigo Circuit Court, Febru-

ary term, 1882. ,, Notice is hereby given that Samuel MoKeen and Jcseph O. Jones, esco-adminiatra-tors of the estate of Suphia Fuller, deceased, have presented and filed their account and vouchers in partial settlement of said estate, and tbat the same will come up for the examination and action of said Circuit Court on the 6th day of February, 1882, at which time all heirs, creditors or legatees of said estate are required to appear in said court and show cause, it any there be, why said account aud vouchers should not be approved.

Witness, the Clerk and seal of said Vlgo Cirsuit Court, at Terre Haute, Indiana, this 6th day of January, 1882.

State

MERRILL N. SMITH, Clerk.

Allen A Mack, attorneys for plaintiff.

MERRILL N. SMITH, Clerk

OTICE OF DISTRIBUTION.

Itate of Indiana, Vigo County. Notice is hereby given that at the Novembe Term of 1881 the Circuit Court of Vigo County after final settlement of the estate cf Catharine Tryon, deceased, about the sum of Tiro Hundred (1200) Dollars less costs were found remaining for distribution among the heirs. Said heirs are therefore notified to appear on the first day of the next term of said Court, and prove their heirship, and receive their distribution share.

MERRILL

AT OHCE CURED BY

BENSON'S OAPOINE POROUS PLASTERS

IT IS THE ONLY KHOWN REMEDY THAT NEVER FAILS. Over 2,W4 Druggists have signed a paper stating tbat physicians say they are in every way superior to the ordinary alow-eating Porous Plasters used for this purpose.

Priee, et* 8BABURT 90HH8T0N, Pharmaceutical Ch^istS, *.

N. SMITH, Clark, C. C. C. VigoCountyv