Rensselaer Republican, Volume 14, Number 17, Rensselaer, Jasper County, 12 January 1882 — GUITEAU, THE GONER [ARTICLE]

GUITEAU, THE GONER

The Trial of the Assassin GuiStill Progressing Toward its End, and His. % ■ f THIRTY-SEVENTH DAY. In the Criminal Court this morning Guiteau made his opening speech as follows: “I had a very happy New Year’s yesterday, and hope everybody else did. I had lots of visitors, higbtefeed, middle-toned and low-toned. That takes them all in, I believe. They expressed their opinions freely and none of them want me hung;' They all, without dissent, expressed the opinion that I shall be acquitted.” Gray took' 1 the stand, and Scoville resumed the cross examination. Witness had not, in giving hir opinion on the direct examination that the prisoner was sane, taken into account the evidence cf the prisoner himself, but taking that element into consideratipn his opinion wdhld still be the same—that the prisoner is sane, and was sane on the 2d of July. Witness was asked if he was familiar with the case of Lieutenant Sanborn, who was killed by Dr. Wright, at Norfolk, Vo,, and replied: “Yes, sir; I was sent by the President to makb an examination and give an .opinion on the case.” “How much did you get for it?” shouted Guiteau. “Your idea, Doctor, that a man can’t be insane unless hie brain is diseased, is rather frivolous. Yon don’t agree with the Saviour. You ought to study up spmtolgy, then yoti would catch some new ideas.” W Witness did not believe in what ijs termed by some writers “emotipdal insanity” or “moral insanity.” “Kleptomania”, he considered simply thieving; “dipsomania,” drunkenness, and “pyeomania” incendiarism. These designations were simply convenient terms which had been invented to cover certain crimes. “Insanity,” said the witness, “is never transmitted any more than cancer.”

The examination progressed with tedious detail. In the effort to extract something favorable to the defense, counsel renewed the attack upon the witness again and again, and each time wd’smei with evasive or quail fiel replies. Finally, Scoville, with some impertinence, inquired: "Can you tell me, Doctor, how many direct srepMes you have given me this morning?" ' Answer—l don’t know that I have given you any. I propose to answer precisely in my own way, Mr. Scoville. lam under oath, and I propose to give all. information bearing upon the case in my possession, but I •do not care to drag my personalities into it any more than possible. The prisoner meanwhile had observed marked decorum, at intervals gazing out of the window, but most of the time he appeared to be busily engaged in writing his autograph upon cards which were handed up to him from the audience by attendants. Scoville desired to put in evidence certain tabulated statements from the annual reports of witness. From these it appeared that of fifty-four cases of by insane people, seven were fey pardons acting under an insape delusion or Divine authority for their acts. At thv’ request of the District Attorney, ..witness described briefly these cases, and addea, “each case was one of marked insanity, independent Of the homicidal act.”., jfiecess. After recess, Dr. Gray was asked a few more questions by Scoville, when the District Attorney announced the •conclusion of the examination on the part of the Government. Scoville walked over to the dock hffld conferred with the prisoner a few minutes. After returning to his seat lie said, "Your Honor, I am taken somewhat by surprise by the action of the prosecution in not! calling several witnesses whose names have been given in as witnesses for the prosecution. These gentlemen, being employes of the GbVernment, were in a position to know something of the mental condition of the prisoner about the time of the shooting of the President. Ido not know what action in the matter the defense will wish to take, but I will inform the court tcmorrow morning." Dr. Bowker, of Kansas City, was called by Scoville. The witness met Mrs. Dunmire at Leadville, Col,, and conversed'with her. She said, "she had entertaiue-1 grave doubts as to the mental condition of Guiteau at the time she obtained her divorce, and thought at the time she had better defer the divorce - proceedings, and await some further developments in the mental condition of her husband," Clark Mills, the sculptor, was called for the purpose of identifying the plaster cast of Guiteau’s head. At the. first question, “Did you make a cast of the prisoner’s head?” Davidge objected to any reopening of thequstion of insanity, such as would be involved by the identification of the oast by this witness. The question of insanity had been gone over direct and in rebuttal. The prosecution had already admitted the genuineness of the casts.

That was all that could be asked by the defense. % t , After further arguments, the court ruled against Bcoville, and the witness was withdrawn. The prisoner undertook to read a letter, as he claimed, from an old friend Of President Garfield, in Ohio, showing that public opinion was making in his favor. Jqdge Cox ordered him to be silent. Guiteau—lt shows the state of public opinion outside of this court room. Judge Cox—Be silent. Public opinion has nothing to do with this case. thirty- eighth day. A eaifeful review of the Guiteau case shows that of all the experts examined, Spitzka, the horse-doctor, is the only |he who swore that, after a personal examination, he believed the prisoner insane. Dr. McFarland, of the Jacksonville Asylum, has arrived to testify in the Giuteau case. He says the prisoner’s conduct in court is not that of a sane man.

Mrs. Scoville has interceded for Guiteau, and the family have resumed lurnishing his meals. This morning some delay was caused in the proceedings, of the court, while Scoville was preparing his affidavit. Guiteau said: “This is a good time to make a speech, but I promised the Marshal that I would keep quiet today, so I will try and do so.” Having subscribed to the affidavit Scoville read it. It set forth that he (affiant) is sole counsel for the prisoner; that the prisoner has been in such a state of mind that he has been unable to render any assistance, or suggest the names of any witnesses, and that affiant has, since the closing of the case, learned the names of certain witnesses who can testify to material facts for the defense. After giving the names of the witnesses and briefly stating what, he expected to prove, Scoville moved to be allowed to introduce this new evidence. Judge Cox inquired if eounsel desired to be heard upon the motion. /Colonel Corkhill —I hardly think anything need be said. Scoville then amended his affidavit by I inserting that Dr. McFarland would testify that in his opinion the prisoner is now insane, after he had subscribed tp tfie amended affidavit. Mr. Reed addressed the court in favor of the motion. He was aware the matter was entirely within the discretion of the court. It was not, however, without precedent, and that, too, in the United States Court. He then cited a ckse where evidence was admitted even after argument to the jury had been begun. He felt assured the American people would not begrudge the one extra day now asked in behalf of this prisoner, in the name of justice and a fair trial. He then paid a glowing tribute to Mr. Scoville, who had defended the poor creature, alone and unaided, without money and without encouragement frorp any source. ( '• • Davidge replied at some length, and denied any precedent existed for reopening the case simply to introduce accumulative evidence, particularly in the case of Df, McFarland. He believed it would be a scandal to admit the testimony of a man so reckless as to form an opinion and be willing to swear to it, merely from reading the newspapers.

Scoville replied at great length, and detailed the hardships and difficulties uuder which the defense had labored in the preparation of their case. It was almost impossible to get witnesses to come here. (The experts for the defense were compelled to be satisfied with $1.25 per diem, the regular witne s fee. while experts for the government came here (it is supposed leaving grjwe trusts behind them), and remained for six weeks, and every one of them plainly showed by their evidence they expected lull pay for thenservices (and all know whahAbat meant); “and these experts," said Scoville, “are still waiting here to see the results of their evidence in hanging this prisoner, but fortunately for the CAUse of Justice, your Honor and this jury stand between him and the gallows."

Colonel Corkhill could not, at this stage, allow the remarks of counsel to go unanswered. * He said yesterday, and would repeat it to-day, that he would not object to the introduction of a>ny new fact tnaterial to the defense. The only objection to be made by the prosecution had been already mentioned by Mr. Davidge. There had never been a trial in this district where so much liberality had been shown by the (iovernment. Guiteau insisted upon being heard. The bailiff tried to silence him, but was met with ah angi^^Hjet"me alone or I v, ill slap you in the mouth.” Guiteau then waffed out: “Your Honor, all I want is to show that, I told these men on the way to jail that it was the political situation and the pressure of inspiration that caused me to remove the President Judge Cox said' that ecu- 1 for the defense eame here a stranger to the courts of the districts, and even the prisoner himself, and lound himself eyvirohed with difficulties from the outset. The moat serious difficulty was that the odium artacht d to the assassination made witnesses unwilling

to even allow their names to be known to the defense. Appreciating all these difficulties, which embarrassed the defense, he (Judge Cox) had felt disposed to offset this with equal latitude and more than the ordinary facilities in proportion to the difficulties of their case. Evidence of insanity could not be offered in sur-rehuttal. In his opinion, proof of insanity should be limited to the evidence in chief of the defense, and the rebutting evidence of the prosecution. He, therefore, must exclude the evidence of Dr. McFarland. The testimony, however, of those witnesses by which the defense expected to prove that what the prisoner asserted upon the day of the assassination and upon the day after tp be the motive for his act, the court held should be admitted as evidence in sur-rebuttal. 7 ■ • * -

When Judge Cox had finished his remarks upon Scovilie’s motion, Guiteau insisted upon the expression of his opinion. “That's a first-class decision, Judge. That’s all I want to get before the jiiry—what I said at the time relative to the causes that impelled me ppon the President; as for the lest, I don’t care a snap. I would not give fifty cents a bushel for this expert testimony. If I bad money enough I could get fifty of the best experts in the country to swear that I am as crazy as a loon; that’s just how much that kind of evidence is worth.” Mr. Sedvilto introduced a letter written by the prisoner's father in which he expressed an opinion that the prisoner was insane.

Guiteau called out sneCrfngly, “Was the object in reading that letter to show that my father was a crank, or that I am? You are the biggest jackass, Scoville, I ever saw. If ybu can’t learn any kense, I shall have to rebuke you in public.” Mr. Scoville then called Dr. Beard, of New York, who was sworn. Objection was made to his testimony, and the objection sustained by the court. - & • Mr. Scoville stated that what he intended to'prove by the witness, and noted an exception to the ruliDg of the court. .. i The next witness called by Scoville was J. J. Brooks, Chief of the Treasury Secret Service. Witness visited the prisoner on the njight of the shooting. Guiteau was in bed at the time. He arose in great anger and excitement, said the witness, “and wanted to know what I meant by disturbing his rest and quiet at that hOur of the night. I said it ill became him, a murderer, to speak in that manner; that he had disturbed the rest and quiet of the whole nation. He came back at me that he was no murderer, but a Christian and a gentleman; that hh mind was made up that he had been njiQved to do the act as a political necessity, and that it was for good of the country.” Witnessed continued: “I told hum I was a Republican, and a Stalwart,, and he replied, ‘then you can appreciate why I did it.’ ” Witness detailed at some length his conversation at that time. He (witness) said to prisoner: “If you had taken the Deity Into eonsideration, you could not have done such an act.” He replied: “He had thought over the matter and prayed oyer it for six weeks and more; he became convinced that the President must go, and it was his duty to remove him.” -Li—

Notwithstanding his promise in the morning, Guiteau cobtinued to interrupt, and became involved in an altercation with one of the bailiffs who tried to silence him: “I’ll slap you in the mouth," he frequently snarled at him, but made no demonstration toward carrying the threat into execution. At another time he said to him: “You are nothing but a miserable underling, while I speak nth millions of people when I talk." | . Mr. Davidge, oh behalf of the prosecutiopj then, requested the defense to make known'the law points on which they desired the ruling of the court. the case Closed. Just before 1 o’clock Scoville stated that the defense had closed its case, and the prosecution presented to the court its prayers for instructions. Scoville said he wduld like a little time fpr the proper preparation of the law 1 points upon which they desired the ruling of the court. ' Mr. Davidge said the prosecution had already prepared "their statement of the law points upon which they would rely, and he would be pleased to give the defense the benefit of them. He then read as follows:

First—The legal test of responsibility, where insanity is set up as the defense for alleged crime, is whether the aci cused, at the time of committing the act alleged, kueW” the difference be-' tween right and wrong in respeet to such act; hence, in the present case, if the accused at the time of committing the act charge’knew the difference between right and wrong in respect of such act—that %, if he knew what he was doing and that what he was doing was contrary to the law of the land, he is aesponßibie. _ [Guiteau—l didn’t, because my free agency was destroyed.] Second—ls the accused knew what he was doing, and that what he was doing was contrary to the law of the land, it constitutes no defense, even if it were true that when he committed the act be really believed he was thereby producing a public benefit or carrying out an inspiration of Divine origin or approval. Such

belief would not afford any excuse, nor would such excuse be afforded by the fact that in the commission of the act he was Impelled by .a depraved moral sense—whether innate or acquired, or by evil passion or indifference to moral obligation. [Guiteau—All of which is false.] Third—lnsanity would, however, constitute a defense if by reason of the disease the accused, at the time of committing the act charged, did not know what he was doing, or; if he did know it, that what he was doing was not contrary to law. [Guiteau—l had no choice in the matter.] I Fourth—The only evidence in the present case tending to show an irresistible impulse to commit the homicide is the claim of the accused that his free agency was destroyed by his alleged conviction that the death of the President was required for the good of the American people, and that he was divinely inspired; but such conviction, even if it really "existed, could not afford any excuse when the party knew what he was doing, and that it was contrary to law. No more delusion or error of judgment, not even a fixed belief that what is prohibited by law is commanded or approved by divine authority—[Guiteau—God’s law is higher than man’s law]

- -can exempt the accused from his responsibility for breaking the liw, To have such effect the commission of the act charged must have been the result of insane delusion, which was the product of disease and of such force as to deprive the accused of the degree of reason necessary to distinguish between right and wrong, in respect of the act, so that at the Time of committing the act fie either did not know what he was doing, or, if he did, that the act was wrong, or contrary to the law of the land. At Bcoville’s suggestion, the court then adjourned until Saturday. WAsmNOToa Notes. It is understood the defense in the Guiteau case will shortly introduce a new feature. So-called “cranks,” numberiug between forty and fifty, have been arrested here since Guiteau shot the President, most of whom have been sent to the St. Elizabeth Insane Asylum on physicians’ certificates. The physicians in each case will, it is said, be subpoenaed for the purpose of comparing those eases with that of Guiteau’s, and demonstrating if the committments referred to were justly made, that Guiteau must be likewise insane. It seems doubtful if anything will be done with Sergeant Mason for shooting at Guiteau. General Hancock says he will do nothing without orders, and there doesn’t seem to be any disposition here to urge the matter. "

The celebrated asphalt pavements used here are likely to be tried in Philadelphia, the citizens there demanding improved streets, and Quartermaster General Meigs and Engineer Green have commended the Washington pavements to them. Defrees, the Government Printer, who is generally conceded to be about tpgive away for Bounds, is crying now. He says his prospective removal is because he is not a Grant man. Guiteau’s brother says he has no hope for the assassin, but expects him to hang within sixty days. Nearly $10,000,000 have been Divested in French lia sin New York the past year. The system is also growing popular here. The report that Grant will urge the President to restore Fitz John Porter to his rank in the army confessing that he had misjudged hi i received with much satisfaction ip a/my circles. It seems that Grant recently found some new points in the easq concerning him, that his former judgment was wrong, and Porter should be restored. The fact that Postmaster General Howe proposes to make his home with bis daughter, Mrs. Totten, whose husband is counsel for the defense in the; star-route cases, creates unfavorable comment. f

A gentlemen in this city, in a communication to the Republican, speaks in-tire highest terms of Rounds, saying that his kindness to the families of his employes who enlisted during the #ar was very great, he spending thousands of dollars in this purpose. All the Cabinet members are litre, and were present at the Cabinet meeting to-day. - A consultation -has been held between Attorney General Brewiiter, Colonel Bliss, ex-Postmaster General James and Mr. Howe, touching the Star Route cases, and determination to push them vigorously is reiterated. Mr. Howe has not yet qualified as Postmaster General. It is supposed that the Star Riute cases will form the topic of discussion iu the Cabinet meeting now in sess ion. General Burbridge has just arrived -in the city from Philadelphia. He will be here several days. In conversation with a correspondent he said that while he was sorry the matter got into the newspapers so soon, he haul no special complaint to make as to the truthfulness or otherwise of the statements. Th§ purported interviews in Philadelphia with him he repudiates, having, he says, positively refused to talk. He has not, heard from General Blackburn, and has no idea what the result of the unpleasant controversy will be, but he has nothing to withdraw-or regret, save that the matter got into print so soon. He expects to Remain here until after Blackburn’s return.