Rensselaer Republican, Volume 14, Number 19, Rensselaer, Jasper County, 26 January 1882 — The Assassin’s Trial. [ARTICLE]

The Assassin’s Trial.

Is Rapidly Nearing the End- — The Argumenter-Interest-ing Interruptions. 3 Scoville’s Denunciation of Conk ling and Grant Causes a Sensation.

FORTY-FIFTH DAY. As soon as the coart formally open--ed. Mr. Scoville began his address to the jury by confessing his unfamiliarity with the modes of practice in criminal cases. All the defense asked for, was a fair, candid, impartial weighing of the evidence by fair and candid men. Counstl would attempt no oratory because he was not equal to it, because he would not if he could. He would address himself simply to the reason, judgment and intellect of the jury. Oratory, eloquence and appeals to passions be would leave for the -counsel who would follow him (Judge Porter), and he desired to warn them that in the efforts of the learned counsel (Judge .Porter) to expound tbe law ’ or explain the evidence, he would invariably .seek to influence them through their emotions; to touch their hearts and sway their sympathies, rather than to convince their judgments. I do not care to complain, although I do not think, as counsel in the conduct of this ■case, I have been treated with fairness. Personally, I care nothing for it, tut When it injures the cause in which my efforts are enlisted, then I must complain. I hold in my hand an indictment for conspiracy, which . I have framed in my own mind, the object of this conspiracy was to hang the prisoner. Scoville then proceeded to name the conspirators: The District Attorney; Judge Porter, Mr. Davidge, and five of the government experts, namely Drs. Gray, Hamilton, Kempster, McDonald and Wooster. The counts of this indictment, twenty in number, are: “First, they have perverted the law in this case.” Scoville, in illustration or support of this count, alluded to the introduction by Judge porter of the decison of Judge Davis in a New York case. He said: “Counsel upon the other side indignantly repudiated the suggestion that Judge Davis sat with Cardozo or Barnard, but I have yet, to learn if either of them ever committed a more reprehensible act than that of Judge Davis.” Scoville warmed up with his subject, and denounced in severe language the extra judicial act of Judge Davis. “Had a newspaper been guilty of such a bold-faced attempt to influence the decision in a pending cause, tbe editor would have been subject to arrest Jor contempt.” Judge Porter —Don’t let us turn this court room into a town meeting.

Scoville resumed, but was sooned interrupted by Davldge, who, with some impatience, said: “Oh, no, no, Scoville, that’s not so.” Scoville—You may interrupt as much •as you please, I shall not be deterred from saying just what I believe to be the truth. Davldge—Well, well, I’ll not inter- . rupt agan, say what you may. - - Guiteau—That’s right, Davidge; you keep quiet You talked for two days and didn’t say anything either; now •give some one else a show. Scoville continued: “When Judge Porter comes before this jury and undertakes to pervert evidence, I shall not keep quiet, as I did with Davidge, hut shall stop him.” Guiteau—Bo shall I. Scoville—l shall stop him, and I shall correct him, if I find he is misstating evidence. Guiteau—Never mind; I’ll attend to him. Judge Porter—There will be two Guiteaus then to attend to me. Mr. Scoville continued: “The prosecution states that if the prisoner knew the act was wrong on July 2d, then he should hang.” Now this is not by any means the whole of it, or a correct statement of the law. The court has Added in substance as follows: “Yet if in this act he was overpowered by a consciousness coming through his diseased mind that what he was doing was necessary for the good of ther country and was specially approved by God, then you cannot convict him of murder.” Continuing, Scoville said the second count in the indictment is a perversion of the testimony and he proceeded to sustain this count by reading from David tie’s speech and comparing it with the testimony. “Oh, that’s for monej,” called out Guiteau. “He is paid forthat. He <don’t believe it.”" Scoville contended that the facte were perverted, and particularly the -evidence, as to the immorality of the *‘ The only that will hold against him is that of adultery.,’ Guiteau shouted out:, “How many innocent people are there in this court room?” and he added. “Not . on**.” A moment later he called cwt; *1 don’t care to libel the Christian people, but I want the record straight. I ; say high-toned Christian men and wo-

■ v. as. l men are virtuous, but the mass of mankind are not Let that go on tbe record.” As Scoville paused, {Guiteau raise! a laugh by calling out, “Ain’t that a pretty good place to stop, Scoville? It is most half-past 12; let’s, have a recess.” - A recess was taken for [thirty minutes.” Judge Porter said he would be unable, owing to theoondilion of his health, to remain this afternoon, but he desired Scoville not to abstain for that reason from saying anything he desired to say. FORTY-SIXTH DAY. Mr. Scoville resumed his argument at a little after 10 o’clock, and was at once interrupted by Guiteau, who had been looking over toward the jury for some minutes in an anxious or expectant manner, “Hadn’t I better deliver it now?” he called out. “Oh, yes,” replied Scoville, “I had forgotten.” Then, turning to Judge Cox, Scoville said: “He desires, your Honor, to prefer a request that he be allowed to address the jury. I have looked over the paper which he desires to read, and see nothing in it [of objectionable character.” Judge Cox nodded assent, and Guiteau said: “I have written down what I wish to say, and I will read it. It is in regard to my speech.” He then read with considerable emphasis: “I intend no disrepect to this honorable ecurt I intend no controversy with this honorable court. In general, lam satisfied with the laws propounded by your Honor; but 1 have to suggest a still broader view, which I ask your Honor to follow, to-wit: That if the jury believed that I believed it was right to remove the President, because I had special divine authority so to do, and was forced to do it by Deity, they will acquit on the ground of transitory mania. Sickles, McFarland and Hlscock were acquitted on the ground of transitory.mania. In my speech, published in all the leading American papers ’'yesterday, and which I presume your Honor read, I gave my reasons for asking your Honor so to charge. Reed made a brilliant and lawyer-like plea for the defense, and Scoville is making a strong argument of his theory, but neither Reed nor Scoville represent me in this defense. lam here as my own counsel, and as stated at. the opening of the case, no oue can represent me to that jury. I know my fealings and my inspiration in removing the President, and I have set it forth to my satisfaction in my speech published yesterday, and I ask your Honor, in the name of justice, in the name of the American people, to allow me to address a jury of my countrymen when my life may be at stake. If a man on that jury has a doubt as to his duty in acquitting me, my speech will probably settle him in my favor, and therefore. in the interest of justice, it is of the greatest importance they hear me in my defense. Your Honor can decide the matter if you have any doubt as to your duty.”

Scoville began with a general complaint, alleging unfairness on the part of the prosecution, particularly of the Prosecuting Attorney. He had from the beginning prescribed who should visit the jail, and who should not. He had introduced persons into the prisoner’s cell under a false guise, to worm out his secrets, and when the prisoner said] anything which might inuie to his (the prisoner’s) benefit, the Prosecuting Attorney had been very careful not to let it become known. He complained of Corkhill’s unfairness to destroy the notes of stenographer Bailey so that the defense could not have the benefit of them. Tbe conduct of the prosecution in the court room, he alleged, was not only unfair to the defense, but was often discourteous and more befitted a police court than this. Scoville unwittingly raised a smile by declaring as one count in his indictment, that the Government had acted unfairly in putting upon the stand so many witnesses to prove the act of killing. “Going over and over the horrors of the scene,” said tbe counsel, “and I declare that it was a shame and a disgrace the exhibition made here by the prosecution for the purpose ‘of influencing your feelings and emotions rather than your judgment.”

Corkhill (sarcastically)—We should have been more polite and sympathizing toward the prisoner. Scoville then criticised severely the course of the prosecution in refusing to permit the prisoner o ; address the ju r for a brief hour or two, simply because they feared he might disclose, by his ■manner or speech, his true mental condition. , In alluding to the discussion on the proposition to allow the prisoner to speak, Scoville quoted the District Attorney as having said that if the prisoner should be allowed to speak, it ought to be from the dock. Colonel Corkhill—l said nothing of the kind. I protested against his return to the counsel table, and I said it would be ‘grace to have him speak from tb.r do k. Guiteuu called out—“ Well, I have been a good boy lately; so you’d better c t cut.” joovhiC then called attention to the letter written by Guiteau to the District Attorney, and from which a portion had been clipped, as he claimed,

by the prosecution, and Ina spirit of unfairness. * Davidge (smiling)—Oh, just assume that one of the conspirators cut it out Colonel Corkhill—l suppose what you are driving at is that you want ttye jury to think I out a slip out of that letter. Scoville—l believe that it was done by you,’or by your directoin, for the reason that you believed it for the interest of the prosecution. “So do I,” shouted Guiteau. Scoville then proceeded to give the jury his views upon Judge Porter, and to instruct them as to how much weight they should attach to his utterances, and as to the best means of counteracting the influence of his oratory. “Porter,” he said, “was prostituting his fine attainments in the effort to hang an insane man.” Recess. FORTY-SEVENTH DAY Guiteau Came into court this morning with a quick, confident step; saluted his friends, and as soon as he had taken his seat, turned to Judge Cox; and said: “I presume your Honor will allow me to address the jury when Scoville gets through?” • Judge Cox—We will consider that when Scoville gets through. Scoville, in reply to an Inquiry, stated that he hardly expected to conclude his speech to-day. He then resumed his address, taking Up and discussing the statistics of insane criminals introduced in evidence by the prosecution. He had noticed that the tables produced here by Dr. Gray omitted some essential features of his report.

Corkhill—Dr. Gray did not prepare any tables especially for this trial. Scoville—Dr. Gray was hired to come here to help haug this man. He was one of the cqnspjracy of which the District'Attorney was the chief, but fortunately he has left his foot-prints here, and before I get thrpugh I can contradict bim out of his own, mouth. Scoville pointed out in the coilduct of Guiteau parallels to illustrations given by Dr. Gray, and .then went on to deny that the prisoner had been playing a part. Discussing the horrors of crime, as often shown in the acts of insane criminals. Scoville said there was nothing in this act to" compare with some of these acts of insane criminals, and, “Gentlemen of the jury,” he said, “in my opinion, if there were hot reasons, and powerful ones, at the back of this prosecution, this prisoner never would have been brought to trial. But I tell you, gentlemen of the jury, back of this prosecution is an influence which I have felt, and which you may feel before this trial is concluded. There are politicians who seek to hide their own shame behind the disgrace of this poor prisoner and make him a scape-goat for their crime, I did not intend, gentlemen of the jury, to take up this feature of the case, but when I find the power and influence of this Government used against me in denying the small pittance that I have asked for, a fair and impartial trial and the small facilities needed for a proper defense, Ido not propose to keep quiet. I say that such men as Grant and Conkling and Arthur are morally and intellectually responsible for this crime. Conkling shall not escape, shall not shirk the responsibility of the state of things that led to this act, and he shall not escape the condemnation of the American people, if I can help it, for his share in this disgraceful scramble for office that led to a conflict with tbe chosen ruler of this great nation, and led this poor insane man to compass—what they would have hailed with satisfaction as would, probably, hundreds of other politicians, if it could have occurred other than through assassination—the removal of Grafleld, who stood in the way of their unrighteous aud disgraceful struggle for office. Neither shall Grant escape that condemnation to which he is so justly subjected, when, coming from Mexico, and coming with undue haste to throw his own name into this petty quarrel about a small office in the Republican party, and sought to foment differences that had sprung up. I am not going to see the misdeeds of these men, high in power, visited upon the head of this poor insane man if I can help it. This clamor for his blood is not for the purpose of avenging Garfield or of satisfying justice, but their theory is this: If it can be shown that this was the act of a sane man, then these politicians in high places will say, “Of course we are not responsible for the act of a sane man. To be sure, we had some differences, but then it could never have led a sane man to such an act;” but on the contrary, gentlemen of the jury, what is the effect of your verdict if you acquit him as an insane man? Why, people will say, “some one is at fault;” they will say, “we will fix the bfafne upon tbe heads and hearts of those men who waged the war upon our poor insane man, from reading dally in the papers what Grant, says, what Conkling says, and from constau ly thinking upon it, to his insane act of killing the President, and there are men in high places, the really culpable ones, who will go down to posterity with the stigma upon their names and the detestation of their countrymen fastened upon their memories. Recess,

Mr. Scoville’s denunciation of Conklibg and others created a profound sensation in tbe court room* Aa soon as recess, was announced, Scoville was surrounded by ladies and gentlemen, and congratulated upon his “fearless exposition.” During the recess, Bcoville.reoeived the following telegram: New York, January 18.—Mr. Scoville, Attorney for Guiteau: The New York Court of Appeals has just decided that the prosecution, where some evidence of insanity is produced for the defense, must make out a case of insanity beyond reasonable doubt. Counsel for the defense will call attention to the latest decision, and ask the Judge to charge the jury to that effect. , < \ Just as Scoville was about to resume his argument, Guiteau broke out with considerable vehemence and shouted: “Something has been said here about politics, and I want to talk a little about politics, too. There are two or three crank newspapers in the country, to-wit: Reid’s New York Tribune;, to-wit, Medill’s Chicago Tribune; towit, Halstead’s Cincinnati Commercial; to-wit, George William Curtis, the man-milliner, of New York. The weather has been getting cool lately, and those fellows had better lie off under trees and cool off a little. The only cranks in the country are those fellows. They had better join the Grant - Guiteau - Arthur combination and get into good company and become good Republicans. A few minutes later the prisoner, who had been looking over the New York papers, called out: “I see the New York Court of Appeals has just decided in favor of our theory on the insanity question. I thank you,Messrs. Judges.” Scoville discussed] the conduct and actions of Guiteau at the time and immediately after the shooting, aud contended that they were entirely in keeping with the theory of insanity—that his coolness, his quietly going to bed and peacefully sleeping the night after the murder were characteristic incidents of crime such as would be expected from an insane man and insane men.

Guiteau called out: “I have never bad any conception of his removal as a murder. My mind is psrfectly blank on that question.” Scoville read from the evidence of General Reynolds what Guiteau had said to him (Reynolds) in jail. “That when his reasons wejp known to the people they would acquit him without trial, and that he should go to Europe for a year or two.” Guiteau—All I have got to say about that is, I never said it Scoville continued: “And this, gentlemen, is the evidence offered you by the prosecution. I want you to take into consideration tbe monstrous absurdity ot such a proposition, coming from sane men, as they would have you believe, that he could kill the President of the United States, then, by simply giving his reason, could go free without trial. Scoville alluded to Guiteau’s remark when told by General Reynolds that Arthur and Conkling aud other Stalwart. 4 detested him and abhorred bls crime.” Guiteau interrupted, saying: “I did not say any such thing when I spoke of Conkling and Arthur on the Fouith of July. These men are my friend today, and don’t you forget it.”