Guiteau's Trial

Judge Porter proeeeded to state the law of the case, which required the jury to say whether the prisoner waa insane on the 2d of July, or insane to that degree that he did not know what murder was, morally or legally, and said that unless they flnd that he was laboring under a delusiou which disabled him from knowing what was morally and legally wrong, tuey must convict, otherwise, must acquit, that if partially insane and that resulted from his own malignity, they must convict: that if the jury have no reasonabie doubt as to his being partially or wholly insane, they must convict. Mr. Porter proeeeded to discuss the points of law as laid down by Judge Cox, and then took up the question of responsibility. "What household," he said, "would be safe, what church would protect its worshipers, if this man were to escape on the plea of irresponsibility ? It is true that any man who has had an insane cousln, an insane unele, an insane aunt or an insane ancestor, and who is not himself insane, but knows perfectly that murder is legaHy and morally wrong, is to escape punishment ? May he stab or shoot or waylay or murder in any form, by day or by night, and then claim as his vindication, not that he is insane himself, but that somebody else was ? If so, what is human life worth ? Nay, more, if it were true every insane man, no matter in what degree, no matter whether from melancholie or from any of those casual or occasional aberrations of mind, is at liberty to commit burglary, to flre your d welling house, to set the city of Washington on fire when frost shall suffen water, and when fire is destruction; to ravish your daughters - what seeurity is there? That is the Uoense for which this brother-injaw of (juiteau contends, nam,ely, that the law is intended only for rational m, n and that all of ttaose crimes which I have mentioned may be committed by license, not from law, but from one of the twelve imperials or kings, in deflance of law and of instructions from the court. Nay, more, the insane of this couutry (I mean the undoubtéd insane, who are inmates of lunatic asylums) are to learn from the verdict in this case (if the defense shall be sustsined) that each of them are at liberty to murder the keeper who retains him; that they are all at liberty to confedérate to open tbe gates of asylums and go out, knife and torch in hand, and spread ruin and conflagration in every direction, and although the law forbids it, the American jury can be found that will sanction the act. More than that; any man who has iixsanity in any degree shall be at liberty to murder any other insane man. I believe if a jury could be impaneled in a lunatic asylum in this country they would say of this man, not only that they would be endangered by bis presence, but that he isperfectly saue. Was this. man insane on the 2d of July? If he was not you hare but one duty, and that is to cdnvict him. He was not insane. I aver (what their proof indisputably established) that he never was insane, and certainly not on the 2d of J uly. On that point the principal claim by the prisoner and his counsel is the atrocity of this particular aot. I do not deny his claim of being the most cold-blooded and savage murdeier of the last six thousand years; but he is not alone, as he will find when he comes to those realms where murderers are consigned. Murder has existed in all ages. Four thousand years ago there was inscribed on tables of stone the command to all people; 'Thou shalt nqt kill.' But Guiteau says that life is of small consideration. He says in one of his letters of consolation to the widow: 'Life is but a fleeting dream. His aeatn mignt nave happened at any time.' But the Law-giver of the Universe entertained different views on the value of human life when he said: 'Whoso sheddeth man's blood, by man shall his blood be shed.' l' The Prisoner- "That was 3,000 or 4,000 years ago. We have new laws since then." Mr. Porter - "And that man tellsyou the same God that placed that value on human life placed no value on the life of James A. Garfleld, and that as to that life it was, but of small value. It was a fleeting drearn. We have had the gospel of Guiteau, and he thinks that the jury will indorse his gospel. Christ, speaking to the Scribes and Pharisees, said: 'Ye who claim to be of the seed of Abraham prove it by doing the acts of Abraham. But ye are the children of your father, the devil, who was a murderer trom the beirinning.'" Mr. Porter f urther argued against the claim of the prisoner's insanity, until the hour of adjourninent, was coatinually interrupted by the prisoner's insulting interjections. MB. POBTER'S SECOHD DAY. Tuesday aa court opened and Mr. Porter wás about to begiu, the prisonei forestalled Mm, calling out from the doek : "I want to remark that some crank has signed my name to a letter that appears in this morning papers. It was without my authority, and I repudiate it. I also want to say in regard to a couple of cranks I understand have been arrested for hanging around here, that if they undertake to harm me they will be shot down. I want eveiy one to understand this." Judge Porter, who had paused to permit this preliminary announcement, began by saying the prisoner as usual had made the opening speech. After thanking the court and jury for their consideration yesterday, which had made it possible for bim to appear before them to-day, Judge Porter said : "This whole defense has been a shame and an imposture, which was supposed to have gained a strength of credence from reiteration. The truth asserted by this defense is the truth which is uttered with effrontery enf orced by persistency and reduplicated by reiteration. This is the truth which they assert in oppositiou to that truth which you are to ascertain and declare. That this man has grown worse every year of his life, we have all seen and know." Guiteau- "That's all bosh, and you know it, Porter." Judge Porter continued to depict the character of the prisoner and the fallacies of his defense, when Guiteau again and again interrupted hirn, at one time calling out : "Attorney-General MacVeagh wouldn't have anything to do with it." Judge Porter replying to the prisoner, said : "And this christian gentleman would have you even believe that Attorney-General MacVeagh had dipped his hands in Garfleld's blood." Guiteau - "Oh, that's very fine." A moment later an allusion having been made by Judge Porter to the present Attorney-General, Guiteau ba wied out : 'He is a high-toned gentleman, and you are a wine-bibber. l've got your record, Mr. Porter." Judge Porter proceeded to discuss , the question of reasonable doubt as an ] element of defense in insanity. ing to the decisión of Judge Martin, in t New Jersey, which had been reinforced by a decisión in Ohio, he was again interrupted by Scoville, vho desired to know iL argumenta were to be heard again upon law points. A sharp colloquy between counsel ensued, when Judge Porter removed the objection by handing his authority to the Judge, saying : "It will answer every purpose of mine, your honor, if you should have occasion to rule upon that point." Mr. Porter referred to the Chicago conventioii, Senator Conklin, Guiteau'.s father, the doctors, andallothers charged with being responsible for Guiteau's act, and showed theabsurdity of trying to shift the responsibility to any but the assassin. He said : "This man told you in his speech last Saturday that Garfield might have died from any other cause ; that he might have trod upon an orauge peel and received injury which might have caused his death, or that he might have trod upon a rattlesnake whose fangs might have pierced his heel. Was it orange peel or rattlesnake that made Arthur President?" "Neither," said the prisoner. "Both, because the prisoner has shown himself all his life as slippery as orange peel and venomus as a rattlesnake " The prisoner- "That is false andyoa know it." Mr. Porter- "But in one respect meaner than a rattíesnake, for Providence has provided in respect of that reptile that there shall be a warning at one end, but venom at the other. This was a rattlesuake without a rattle, but not without fangs ; and when he tel Ís you he made Gen. Arthur President of the United States, he made him President in just the same sense in which a rattlesnake might have done it by introducing into President Garfleld's veins that venom which in eighty days would bring him down to the grave. Passing on to criticise Reed's argument and his illustration as to Christ-, casting out devils and healing lunaties, Porter said: "The Savior made a distiaction between sick, limatie and those possessed of devils. The claim here is that this inaa was so enormously wicked as to be, in the language of "Dr. Spitzka, a moral monstrosity. He represents the class of which the Savior spoke, not lunatics, but posseased of a devil." "You know, gentlemen, how the Savior dealt with those who were possessed of a devil. A man who was possessed of the devil carne to the Savior and prayed to be delivered. The Savior granted his prayer, and commanded the devil to say who he was. 'My name,' said the devil, 'is Legión.' And he prayed to be allowed to go into a herd of swine, because even devils go through the form of prayers." "Then it is time for you to pray," said the prisoner. Mr. Porter- "The Savior consented. What became of the swine after the legión had entered the herd? They rushed down a steep place into the sea and were choked. Whether the devil that possessed this man ja or not to be choked bv law, you are to determine. But the destination of diabolism such as his was thought by the Savior to be fitting for swine, and the ultímate destination even of the swine was to be choked in water." The Prisoner- If you do not stop drinking wine the devil will choke you. You will go into a drunkard's grave yet." 53d AND LAST DAY OF THE TRIAL. On the 53d day of the trial, the Guiteau case reached a conclusión. Judge Porter commenced the Miird day of his eloquent and masterly argument with a promise to let the case go to the jury on that day if possible, and the day was found long enough for his speech, the judge's charge and the. jury's verdict. Admomshed by the fallmg snow and the severity of the weather irom which he had suffered and Irom which donbtless all had suffered, Judge Porter feit it necessary to vary somewhat from bis original inteutioüa and trust to the intelligence and honor of the jury to supply his defects. He would not, therefore, linger over the dry details of the evidence, feelingitimperatively necessary that this case should be brought to a cinulusion as soon as possible. He would simply touch upon a few salient poinLs of the evidence. "John W. Guiteau," said Porter, "I believe to be an honest man. He came here ready to contribute his means, his evidence and his services to save a brotlier's life and honored father's name, and yet the truth comes frotn his lipsi which must impress upon every one of you the conviction, that. ou the 2d of July this prisoner was as same as you or I or the judge upon this bench." fteading from the evidence of J. W. Guiteau and commenting upon it, Judge Porter said -of the prisoner: " He has two faces." Guileau - "How many faces have you got?" Judge Porter- "He has two faces, one showing the sanctity of a Puarisee, and the other the hideousness of the flend that possesses hiin." As ha continued to read from J. W. Guüeau's testiaiony relative to his last interview with the prisoner, Guiteau continually interrupted with such comments as "What 1 say isalway.s true, Judge Porter," "wliat you say is geneially fíilse," "I never say so," "tliat is absolutely false." Proceeding, Judge Porter contrasted the life and cunduct and swindling praetices of the prisoner with the life of the Apostle Paul, in the light of the prisoner's assumption that he. like Paul, was honestly engaged in doing the Lord's work. '-Paul neyer palmed off brass watches for gold," "Jïeither did l,"shouted Guiteau. Porter- "Paul never swindled his creditors out of their just dues." "Oh, you're a blood man,'1 retaliated Guiteau; "you belong to the Judas tribe." The picture dra wn by Judge Porter was HnyUiing but lovely.andpiovoked the prisoner to the most abusive retorts. 'You are a liar and you know it, and 1 teil you so to your face, Judge Porter," he called out. As Judge Porter cunlinued lus arraignment of the prisoner Guiteau winced and uervously twisted in his seat, and linally drowned the voice of Judge Porter, whogave way to his clamor. Xn sa vage tones he shouted; "A saint from Ileayen couldn't stand the abuse of that man Porter, I won't stand il. I vvill relieve my mind. The idea of thia man trying lo inake me out a liguUng man, a man oí' bad charaeter, and all that. It'a a lie, and be knows it. He's a liar auJ 111 cali him ao." Judge Porter - "I am simply {i vlug the sworn statements of his own brother." Guite.iu - "He's no brother of mine. 1 wouldn't have spoken to him at the Fifth Avenue Hotel last summer. I have nothing agaiu.st him, bul 1 don'i like hs styk'. 1 did not like my fathei's style, eüher. My sister sympüthizes with me and my brother syrapathizes with iny íather. 1 want that unSerstood. It is contemptible in that man Porter to uudertake to make me out au unprincipled, bad man." The i:iteiruption of the prisonenncreastd in violenee and frtqueney till, reinforced by an objection of Scoville, the clamor and din for a moment resembled a small Babel. Passing to the testimouy oí' J)r. 1 - wii- Spitzka, Judge Porter said: "I wonder if Lucifer were on trial would Dr. Spitzka pronounce him a moral iinbeeile, a moral monstrosity ? Satan feil from nis high estáte, f here was a change in Satan, but in this man, according to Dr. Spitzka, there never could have been a change. He was from the startamoral imbecile, a 'former of morbid projects.'says Dr. Spitzka. Why are the most of mankind poor ? Because of morbid projects. Yet do we pronounce the majority of mankind msane? What does he say of this prisoner s sanity on the 2d of July ?- 'that is probably insane.' Probably insane ' Do you propose, gentlemen of the jury, to bring in a verdict that he was probably insane? Was he sane or insane? That is the question. What does he say of the prisoner as a lawyer ? He calis him a third-rate shyster in a criminal court. I suppose Scoville can teil you what that means. I cannot," said Porter. "Well, some of your clients can teil what it is," retorted the prisoner. Eeferring to the reference by Heed to Charlotte Cord&y, Porter said"it was left to Reed to make the discovery and to answer to this court and to the world that Charlotte Corday was insane He contrasted her act of patriotism with Guiteau's foul murder in eloquent and stirring words, which roused the prisoner almost to fury, and he raged like an inf uriated beast, drowning the speaker's voice : "God Almighty will curse you, Porter, you miserable whelp ; you can't make the American people believe I'm not a patriot. Today I suffer in bonds as a patriot, and God will curse you if a hair of my head is injured." Pausing a moment, Judge Porter said: "Contrast the conduct of this vindictive, cowardly wretch with Charlotte Corday, who walked peacef ully to the scaffold with hands folded over the crosses upon her breast and a sirene smile that denoted her willingutss to suffer death f or her country and patriotism, which instigated her act."