Terre Haute Weekly Gazette, Terre Haute, Vigo County, 2 February 1882 — Page 2
One Universal Shout of ioy Goes up From ail the Land,
That Garfield's Murder is to "be Avenged
And From Across the Deep Comes no Dissenting Voice,
But all Alike Approve the Verdict Found by Twelve Good .Hen and True,
Who Prove That They are Men and Americans, not to bs Duped by Feigned Insanity-
advocate
Washikoton, Jan. 25.
After recee9 Judge Porter resumed Lis upeech and continued his masterly dissection of the tluory of the defense, and concluded as follows.
Gentlkmkn
The time as come
when I must close. The Government has presented its ca.se before you and we have endeavored to discharge our duty to the best of o'ir ability, llis Honor has endeavored to discharge his. 1 know you will be faithful to your oaths and discharge yours. Ho discharge it that by your action, at least, political assassination shall find no sanction to make it a precedent hereafter. He who has* ordained that human life sha'l be shielded by human law from human ctime wili preside over your deliberations, and ihe verdict which shall be given or withheld, to-day will be recorded where we nil have to appear. I trust that the\eniii will be prompt that it will represent tlie majesty of of the law, jour iniegri *nd the honor of the country, and ihtu this trial which has so deeply interest nil nations of the earth, may result in the decision, to reach all lands, that political murder shall not tie used as a means »f promoting party ends or political revolutions. I trust also that the time shall come, in consequence of the attention that shall be called to considerations crowing out of this trial, when by international arrangement between the various governments, the law shall be so strengthened that political assassins shall find no refuge on the face of the eartu.
THE CHARGE TO THE JUKY.
Judge 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 informed of the cause and nature of the accusation against him that he shall be confronted with the witnesses against him that he shall have compulsory process to obtain witnesses in his favor, and that he shall have the assistance of counsel in his defense. These provisions are intended for the protection of the innocent from injustice and oppression, and it was only by their faithful observance that guilt" or innocence could be fairly ascertained. Every accused person was presumed to be innocent until the accusation 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 sacred guarantees
of
the
Constitution had been violated in the person of the accused. At last the long chapter of proof
was
ended, the task of
waB
done. And it now rested
with thevjury to determine the issue between public justice and the prisoner at the bar. No one could feel more keunly 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. But proceeding lurther, he wished to notice an incident which had taken place pending the recent argument. The prisoner haa 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 predated, except by the process of gagging the prisoner. Any suggestion that the jury could be influenced by such lawless clattering of the prisoner would have seemed to him absurd, aad he should have felt that he was insulting the intelligence «of the jury if he had warned them not to 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 accused to the form 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 side in reference to public excitement, or to newspaper opinions, wa» not to be regarded by the jury. The Indict ment charged the defendant with having murdered James A. Garfield, and it was 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 being, against the peace of the
United States, with malice aforethought. It had to be proved: first, that death was caused by the act of the accused, and furrier, that it was caused with malice aforethought. That did not mean, however, .that the government had to prove any ill will cr hatred on the part ot the accused toward the deceased. Wherever homicide was shown to have been committed •without lawful authority, and with deliberate intent, It was 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 (as claimed in this case) to .1
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produce a public benefit. If it could 1$. shown that the killing oceutt ed id tl|e heat of passion, or under provocation, then it would appear that there Was no premeditated attempt, and therefore no malice aforethought, and that would reduce the crime to manslaughter. It was hardly neceseaiy, however, to say that there was nothing of that tind in the present ease. The jury would have to say cither that the defendant was guilty ot muider or that be was innocent. In order to constitute the crime of murder the assassin most 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 he 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 the next place every defendant was presumed innocent until the accusation against him was established by proof. In the next place notwithstanding this presumption of innocence, it was equally true that the defendand was presumed to be sane, and to have been so at the time the crime was done that is to say, the Government was not bound to show affirmatively, as part of its proofs, that the defendant ^as sane. As insanity was the exception, and as the majority of men are sane, the law presumed the latter condition of every man, until some reason was shown to belive to the contrary- The burden was therefore, on the defendant who set up insanity as an excuse for crime, to produce proofs), in the first instance to sbow that the presumption was mistaken so far as it related to the prisontr. Crime therefore involved three elements: The killing, malice and a responsible mind in the murderer. After all the evidence was before the jury, if the jury, while bearing in mintl both of these presumptions that the defendant is innocent till he is proved guilty, and that he is sane till the contrary appears, stilLentertains what is called reasonable doubt on any ground or as to any of the essential elements of crime, then the defendant was entitled to the benefit of the doubt, and to acquittal.
It was important to explain to the jury here in the best way that the Court coula, what is a reasonable doubt. He could hardly venture to givejthe exact definition of the term, for he did not not know of any successful attempt to do so. As the questions relating to human affairs a Jpowledge of which is derived from testimony, it was impossible to have the same certainty that is created by scientific demonstration. The only certainty that the jury could have was a moral certainty, depending upon the confidence which the jury had in the integrity of the witnesses, and in their capacity and opportunity to know the truth. If, for example tacts not improbable in themselves were attested by numerous witnesses, creditable|and uncontradicted, and who had every opportunity to know the truth, a' reasonable or moral certainty would be inspired by the testimony. In such a case, doubt would be unreasonable, or imaginary, 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 guilt, but it must 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. On the other hand the opposing proofs might be eo balanced that the jury might justly doubt on which side, under all circumstances, the truth lay and in such a case the accused party was entitled to the benefit of the doubt. All that the j^jury could be expected to do was to be ityisonably and morally certain of the facts which they declared to be their verdict. In illustrating this point, Judge Cox quoted the charge of Chief Justice Shaw, of Massachusetts, 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 shot and shot the deceased President was abundantly proved. That the wound was fatal had been testified by surgeons who were competent to speak, and they were uncontradicted. That the homicide was committed with malice aforethought (if the defendant were capa hie of criminal intent or malice) could hardly be gainsaid. It was not necessary to prove that any special or express hatred or malice was entertained 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 responsible, sane man. He now approached that difficult question. He bad already said that a man who is iBsane in the sense that makes him irresponsible cantiot commit crime. The defense of insanity had been so abused as to be brought into great discredit. It was the last resort in case of unquestioned quilt
It had been the excuse for juries bringing in a verdict of acquittal when there was public sympathy for the accused, and especially where there was provocation for homicide, according to public sentiment, 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 shooting, that he had deliberated upon it and came to a determination to do it and that about two weeks before he accomplished it, he stationed himself at certain points to do the act, bat was prevented. His preparation for it by the purchase of a pistol had been shown. All these facts came up to the full measure ot the proof required to establish what law denominated malice aforethought. The jury view it with disfavor, and public sentiment was hostile to it nevertheless, it insanity were estab-' lished to the degree necessary, it was a perfect defense for an indictmeutfor murder,, and mustbe 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, such as raving mania, or absolute imbecility, in which all exercise of reason is wanting, and where there is no recognition ot persons or things or their relations,
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THE|TERRE HJiUfft WEEKLLr GAZETTE.
bdtih«|e wa» a debatable border left hetw#»n sanity agd insanity which mast not, be lost sighfcof, and tqey must decide how far it was applicable to this caw. Thai, wag the distinction between mental and moral obliquity, between mental incapacity to distinguished between right and wrong, and moral insensibility to that distinction.
The Judge, in coaohuion, said "And now,, gentlemen, to sum qp all I have said to yob, if you find from the whole evidence that at the time of the commis sion of tbe 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 of mind, but was an object of compassion, and should be acquitted. If on the other band, you find he was under no insane delusion, but in 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 homicide, then, whether his motives were personal vindictiveness, political animosity, desire to avenge supposed political wrongs, or a morbid desire for notoriety, or if you 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 Sceville to that effect] if you find the prisoner is not guilty by reason of insanity, it is your doty to say so. You will now retire to your room and consider your verdict."
During the delivery of the Judge's charge, which was completed at 4:40 p. m., there was perfect stillness in the crowded court room, and even the prisoner kept absolutely quiet, with the exception of one or two feeble interruptions. The jury immediately retired and many spectators left the room.
WAITING FOR 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 had 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 littse room, he has occupied since the trial began, as a waiting room during recess. Before leaving the court room he evinced con siderable nervousness, but on getting away to comparative seclusion his usual composure and assurance soon returned to him. He sent out tor some apples, with which he treated his attendants, meanwhile chatting familiarly and good naturedly. He was asked what he thought the jury would do, and replied: "I think they will acquit me or disagree, don't you?" j*
Within ten minutes after recess 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 Judge Cox had left the court room, so they remained in' their room until court reassembled. Tne rumor that the jury had agreed was quickly spread from one to another, and the exciting crowd surged back into the court room and anxiously awaited what all seemed to expect, a verdict of guilty. Tbe musty, antique room is devoid of gas, and a score or more of candles which had been placed upon the desks of the Judge, counsel and reporters, imparted a weird and fancifully unnatural aspect to the grim old place. Theshadows thrown upon the dark background of the walls seemed like flitting spectres to usher in the the sombre precession of those who held in their hands the destiny of human life. First came tbe prisoner, with a quick, nervous step, and as he seated himself in the dock, perhaps for the last time, the light of a solitary candle fell upon his face, and disclosed its more than usual pallor. JNot a tremor of the limbs or a movement of the muscles of the face was observable as he threw back his head and fixed his gaze upon the door through which the jury were to enter. Judge Cox soon afterward took his seat, the crier called "order," and the jury, at 5:35, filed slowly into their seats. Every sound was hushed save the voice of the Clerk as he propounded to the foreman the usual enquiry. Clear and distinct came the reply, "We have." "What is your Verdict guilty or not guilty With equal distinctness came the reply: "OCII/TY A8 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 Scoville attempted to address the Court, but the District Attorney shouted, "Wait till we have the verdict complete, and in due form of law." Order was at length restored and the Clerk, again addressing the jury, said "Your foreman says 'guilty. as indicted.' So say we all of us?" "We do." all responded. Another demonstration of approval followed this announcement, but, not so prolonged as the first.
S«oville, still upon his feet, demanded a poll of the jury, which wasgranted, and each juror was'called by name and each in a firm voice, promptly responded "guilty." As the last name was called
La THB PRISOHBR SHBIEKBD: "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 reply, 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 judg ment.
Guiteau, who from the moment Judge Cox began the delivery of his charge, had dropped completely his air of insolent arrogance, and sat with rigid rBATCRKS AND COMPBKBSKD LIPS, called out in tones of desperation: "God will avenge this outrage."
Judge Cox then turned to the jury and said: "Gkntlbmkn 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 1 feel assured that
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you will take with yoti to your homes the approval of yonr consciences. With thanks, gentlemec 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 lett the court room, and the prisoner, with bis manacled hands, was led out. As be passed the reporters' tables he leaned ever and called out to an acquaintance: The court in banc will reverse this business His appearance was that ol a man
DEEPLY MOVED WITH INDIGNATION^
at some outrage or indignity which had been put upon him. As he was being put in the van the crowd of men and boys yelled and shouted themselves hoarse in mockery of the prioner's constant boast, „The American press and people are all with me." The van was quickly driven away followed till out of sight by the jeers and yells of the crowd.
WHAT SOOTILLB WILL DO.
Scoville will probably file a motion in arrest of judgment and for anew trial on exceptions. The law gives defendant four days to file tbe motion and reasons for a new trial, and it is cusomary for the court to set some day to bear argument thereon. Should this motion be overruled, tbe defendant will appeal to the general term, and under the law 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 appealed to the April term. It is the custom of the April term to run until 8eptem]ter, taking recess over July and August, but should it close by the latter part of May, then, if the udgement is affirmed, the execution might take place in July.
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The Mai leys and Blanche Douglass are very dejected, and shun visitors.
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Barnum's winter quarters at Bridgeport employ a hundred hands.
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"The Bells ofShandon"is the coming novel by William Blaok. mm*
Fred Yokes his leased the Gaiety theater of Boston for ten yeais.
Trrn action of Carter's Little Liver Pills is pleasant, mild and natural. They gently stimulate the liver, aad regulate tbe bowels, but do not purge. They are sure to
Bobdbx, Sbkleck & CO- Chicago, sell the best and cheapest Car Starter made. With it one man can move a freight car
Coal in Winnipeg costs |18.50 per ton, and wood |6.60 per cord. ..
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Boston riding schools have masquerades on horseback. frrrt
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Died by suicide in Newport, a clarionet player. Cornet players please copy.— fPuck
BED-BUGS, ROACHES.
Rats, mice,ants, flies, vermin, aidlqtfitoes, insects, &c,, cleared out by "Rough on Rats." 15c. boxes at druggists.
Madame Rudersdoff, of Boston, is very ill with a cancer and fears are entertained that she will not recovcr.
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We were ttown a silver brooch to-day by Lemuel Loughead, of Fayette Township, this county, which was presented to him as a keepsake by Joseph Conrad, his grandfather^flfty years ago. Mr. Conrad was a native of Starsburg, Shenandoah county, Virginia, and was a soldier in the revolutionary war, being present at the surrender of Lord Cornwallis and his array to Gen. Washington.
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Gives a Brillkifit. White and Steady light, requires no trimming and lasts for months. Sample wick 10c, 3 wicks 25c, la wicks 7oc, postage paid. Have 3 si zes, A, andD. Agents wanted. Address1 MUTA HP LAMP WICK CO., 70 CortladdtSt, N.Y.
CUIICUKA Jrermanently Cures Tu-
mors of the Soalp and Skin^ Cutlcui-a remedies are for sale by all druggiHts. Price of.Cutloura, a medicinal jelly, small boxes, 50c large boxes, |1. Cutl-
in bars for barbers and large consumers, Mo Principal depot. WEEKS A POTTER, Boston. Mass., •^All mailed free on^receipt of price.
Agents Wanted Immediately for the Life of
A I E
Ablest Authorship: Finest Illustrations. Lowest Price. Containing the scenes and incidents of his boy hood struggles of hisyouth might of his early manhodd valor as a soldier: career as a statesman election to tne Presidency, and the tragic frtoiy ot his death. Fastest Selling Book. 7*0 large pages. Outfit GO cents. Address
J. M.CLCOTT, Indianapolis Indiana.
«0LD MEDAL
$66
dles
girl DO!
HISCOX A OO^Chemists, N. Y,
I
wananted Ihe bwtsad okwp.
i.^UJnabMMtSfitaUel only fl.V sent tqrinaih •tratad aaqylfl, 8 «.: aaoa r. AddreaaPeabodrMedloal InatHntaorDr. WJLPib.
week in yonr own town. IS outfit newfree. No risk. Everything Mil. Capital not required. We a an furnish yon everything. Many are making fortunes. La
make as much as men and boys and la make great pay. Reader, if you want •"ihyoi
to
ISSSJEi $45
$100
Per month dnriog Fall and winter, In every county, interesting and valuable information, with full particulars, free. Adcrsss at once,
MOCttbdy aoo. ClnctnnOhiav
on Installments and
PIANOS &££
rer catalogue, norace a»faoturers and dealers, fit Broadway, New
BEATTY'SSSi
F. Beatty, Waahlagto*
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Willipipii
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