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THE NATIONAL TRIBUNE: WASHINGTON, D. C, JANUARY 14, 1882.
TRIAL OF THE ASSASSIN.
On Saturday the cross-examination was pro
ceeded with. During the progress of the ease
counsel got into a running war of words, helped
out now and then hy the prisoner.
The interruptions by Guiteau became so fre
quent that the prosecution asked to have him
placed in the dock.
When the suggeston was made Guiteau 3poke
up defiantl v : "lam no criminal. I am no more
of a criminal than you, Mr. Torter. I am more
thought of on the outside than you are. The
English papers are saying that I am a bigger man
than old Torter, and it is true."
The next witness was Dr. Jamin Strong, su
perintendent of the insane asylum at Cleveland,
Ohio. He made a personal examination of the
prisoner in jail and observed him closely in the
Guiteau I will save you trouble, Doctor. 1
am in excellent health and am not insane.
The witness (sarcastically) Yes ; I agree with
you in that respect.
Guiteau If you tell the jury whether my free
agency was destroyed on July 2 yon will help
Judge Cox (to the prisoner) That is enough:
Guiteau There k a great lot of rubbish get
ting into this case, and I want to prevent it if I
After the witness had resumed his statement
the prisoner again broke in: "In other words,
you found that I was no fool. The Lord never
employs fools to do His work. He employs the
best brains, and He takes care of the man, too,
and He will take care of me.
Mr. Porter These interruptions by the. pris
oner are equally annoying to the Court and the
jury, and I insist that the rule must be enforced.
When the prisoner speaks he must speak from
the dock. ..,!
Guiteau Your are very much excited this
morning, Judge Porter. I have just as good a
right to speak as you have.
Mr. Scoville (defiantly to Mr. Porter) Go on
and make your motion to the Court. There is
no necessity for your making a speech.
Mr. Porter (haughtily) I am not to be con
trolled by you. Mr. Scoville has undertaken to
insult eminent gentlemen in the witness-box.
Judge Cox You are mistaken, Mr. Porter ; I
do notthink Mr. Scoville has done so.
Mr. Porter I want to give an admonition to
the prisoner that on the very next instance of
interruption by him I will insist on his being
placed in the dock.
Guiteau Do it now and have the matter de
cided. I come here as my own counsel and in
the name of the American people.
Mr. Porter I now ask that, in the due admin
istration of justice, the criminal be placed in the
Guiteau As a matter of law the Court cannot
do it. I am no criminaL I stand better than
you in the community.
Mr. Porter This man has sworn that he shot
the President. He has declared in open court
that he is perfectly sans; that he recovered his
sanity within an hour after the deed.
Guiteau Yes, just as soon as I got my inspira
tion off the insane spirit left me.
Mr. Scoville I would like to know what Mr.
Porter meant by his speech.
Mr. Porter I apply to the Court to direct the
Marshal to remove "the prisoner to the dock.
What I will do after that depends on the contin
uance of these interruptions.
Judge Cox That is a matter which I have
under consideration. I give an admonition to
the prisoner, but I do not want to act hastily in
Guiteau I will do whatever Your Honor
pleases. I am entirely under the direction of the
Mr. Scoville Let Mr. Porter make his little
motion. We do not oppose it.
The District Attorney This is not a little mo
tion, at all. We have sat here under calumny
and insult and outrage.
Guiteau (interrupting) I told you the truth,
Corkhill, and every member of the bar knows it,
and knows that you are a first-class fraud, and
the American people know it.
The District Attorney The dock is where this
man belongs. I have no objection to his speak
ing from the dock when the time for him to do
so comes. But if he attempts to interrupt the
proceedings the Marshal will keep him quiet.
Guiteau I do not come here as an ordinary
Judge Cox Keep silence.
The prisoner obeyed, remarking that he would
do what His Honor said.
Then the witness proceeded with his narration
of the result of his examination of the prisoner.
The prisoner, he said, thought quickly and con
secutively. He showed power of language and
coherence. The evidence which struck the wit
ness with the greatest force was the prisoner's
power of attention. This showed that he had
control of his mind ; because a man cannot fix
his attention on a given subject without exercis
ing his will power.
Dr. Abram M. Shaw, superintendent of the
Middletown (Conn.) Hospital for the Insane and
a member of the Psychological Society, was the
next witness. In his opinion the prisoner was
sane on July 2.
After the recess, which was taken at this point,
the cross-examination was conducted by Mr.
Guiteau broke in with the remark that, though
socially the experts might be very fine men, he
would not give a cent a bushel for their ojin
ions. The Court commanded him to keep silent, and
Mr. Porter reminded him that the suggestion to
have him placed in the dock was in abeyance.
The next witness was Dr. Orpheus Evarts, of
College Hill, Ohio, medical superintendent of a
private hospital for the insane. He said that if a
man should, after committing an act, express re
morse for it, that would indicate that he was cap
able of reasoning, of reviewing it and. passing
Guiteau. It would indicate that he was a
From his examination and observation of the
prisoner the witness had formed the clear opinion
that he was sane on July 2.
Guiteau It is the universal opinion of the en
tire American press that the act was the act of a
madman. They could not conceive that a man in
his right mind could do that thing. These experts
have seen me since then, and because I am sane
now they think I was sane then.
Mr. Sr oville stated that on account of sickness
in the family it was necessary for Mrs. Scoville
to return home, and with the consent of the prose
cution that lady was called to the stand.
Mr. Scoville desired to prove that the insanity
of Mrs. William S. Maynard was concealed from
her children, one of whom (Mrs. Wilson) testified
that she had never heard of her mother's insan
ity. Mr. Davidge objected to Mrs. Scoville s testify
ing to this fact, and the objection was sustained.
Mr. Scoville then put in evidence a letter writ
ten by L. W. Guiteau in 1675, in which he states
his belief in the prisoner's insanity. This is the
letter read by Mr. Scoville on the night of his
The court at 2:4-3 adjourned until Tuesday. As
thehandcufTs were being placed upon the prisoner
he broke out with "To-morrow is Christmas. I
wish the Court, the jury, and the American peo
ple and everybody else a happy Christmas. I
Tuesday, when Court convened, Dr. A. E. Mc
Donald, medical superintendent of the New York
City Hospital for the Insane, was the first witness
called. He had been in charge of the hospital
since 1871. After giving a lengthy list of the
medical positions he held, he said that there were
1,237 patients in the hospital now, and over 6,000
patients had come under his treatment. He had
written articles on the subject of insanity in med
ical journals. He had been in attendance on the
trial, with the exception of two and a-half days,
since it commenced. Insanity meant disease of
Delusion was mistaken belief. It might be
sane or insane. When a man has the means and
power to correct a delusion and does so, it shows
that he is sane, and the delusion was that of a
sane man. Hallucinations and illusions are mis
takes of the senses. They differ from each other
in the fact that one has something to start from
and the other nothing.
Persons claiming inspiration, in the witness'
experience, believed theLiselves above harm and
possessed no ordinary t ar : they were confident I
of being free from da:ger and strong m the
belief that no injury won d come to them. Wit
ness did not consider th relation of inspiration
as partaking of insanity : they assume the in
spiration in word and show it in act.
"What is an irresistible impulse?"
" An irresistible impulse is a form of insanity,
partaking of epilepsy."
"Are irresistible impulses sudden in their ex
ecution?" " Thev are."
" What causes the claim of inspiration V'J
" Sound and sight."
" There was a claim early in the trial that the
family of Guiteau were drenched by insanity.
What in your judgment is hereditary insanity?"
"I do not believe in hereditary insanity. I
do not believe the disease is transmissible.
The tendency in all cases in a constitutional de
feet is to improve. If insanity was hereditary
we would all be insane. The fact that there are
insane cousins has no effect on the point taken.
In the case of Ada Maynard, her having an in
sane cousin would have no effect upon her. The
mesmeric effect may have caused her insanity,"
replied the doctor.
" If a man should say he would live forever,
what would you think of him?"
" Well, if he should proceed to prepare for death,
by taking an insurance policy, etc., I should think
his words and actions did not accord."
Guiteau " There are two kinds of insanity
crank insanity and Abraham's insanity. I belong
to Abraham's insanity."
"What do you think of moral insanity?"
asked Mr. Corkhill.
" During the French revolution moral insanity
came up. The French excused themselves for
their slaughter on this plea. There is no such
disease as moral insanity. There have been many
books written on the subject, and the majority
believe as I have stated?"
Guiteau "Tell us about Abraham's insanity,
"Monomania," continued the Doctor, not notic
ing the question, "governs, the little acts, and one
may labor under monomania and be all right in
The question of the capacity as a witness of
Dr. Kernan, of Chicago, arose, the prosecution
aiming to impeach him by witness on the stand.
The interrogatory by Mr. Corkhill was overruled
by the Court, and Dr. McDonald proceeded.
"I (witness) came November 12, by request of
the District Attorney, to examine the prisoner.
I visited the prisoner in the jail. I stated the
object of my visit to him.
"Tell all about your examination," said Mr.
"Examined him mentally and physically; ask
ed him what his feelings were before and since
the act; he gave me also the history of himself;
he told me that he conceived the idea about six
weeks before he crried it into execution ; he did
not say he was inspired to it ; said it was repul
sive at first and he waited two weeks for the Lord
to interfere; then he set about to execute it; he
told about following the President, his purchase
of th- pistol and his pistol practice; he told me,
also, about his preparations for fleeing from the
depot and his personal safety; I asked him why
he did not leave the execution to the Lord, and
not do so himself; he said the Lord had not made
all the preparations that it was not all the
work of the Lord; he said he would be acquitted
as insane that he had been looking up the law
on the case of insanity ; I asked him if he ex
pected to remain in an insane asylum always ;
he said no ; that he had been looking up the law
on that point also; that he would again be exam
ined at the asylum, pronouueed not insane and
would be released ; I examined his eyes, head, etc.,
and found no indications of insanity.
" You have been here during the trial. What
is your conclusion ; is he sane or insane? " asked
" I believe him to be a sane man."
" Has he been playing a part during the trial ? "
" I believe he has. His conduct in the j ail was
very like that in the court. When he brings in
the sentence that 'it was the act of the Deity,'
there is a rising of the voice, and other demon
strations that indicate he is playing a part. As
to the conduct in the court, I believe he has acted
as a sane man. He has done many things to
show a keen interest in the progress of the trial,
such as an insane man would not evince. He is
changed in his actions by newspaper comments."
Guiteau "You are making a great ado about
nothing, Doctor. I don't claim to be insane now.
Get your money, then go home."
Dr. McDonald continued: " I have noticed that
his interruptions were given to the witnesses for
Guiteau " Evil associations - corrupt good
manners. I have made just as many objections
to my owd witnesses. Say something of Abra
ham, and then your evidence will have some per
tinence. So far it's all rubbish.".
Col. Corkhill propousided the' usual lengthy
interrogatory, in which the main movements
and actions of Guiteau were rehearsed, closing
with the question : " Assuming these facts to be
true, do you think the prisoner insane on the 2d
of July, when he shot the President? "
To the hypothetical question the Doctor an
swered : " I consider him to have been sane."
On Wednesday, the witness, Dr. McDonald,
was further cross-examined by Mr. Scoville, but
no material facts were elicited. He still adhered
to his expressed belief in the prisoner's sanity.
Dr. Randolph Barksdale was the next witness.
Is connected with the lunatic asylam at Rich
mond; visited the jail and examined the prisoner;
Drs McDonald, Loring, and Hamilton were
present; have been present at trial since Novem
ber 28th, and noticed prisoner's actions ; he is
sane; believe he is feigning; his conduct is in
marked contrast in court and at the jail, being
boisterous or quiet as his interests are hazarded.
To the hypothetical question propounded to
numerous witnesses, Dr. Barksdale said he
believed Guiteau was sane on July 2.
Dr. John H. Callender, of Nashville, Tenn.,
was the next witness examined by Mr. Corkhill.
Witness is a physician; has been a physician
twelve years ; graduated at University of Penn
sylvania; is now superintendent of the Tennessee
Hospital for the Insane; there are about 400
inmates there now; has had about 2,000 patients
under his charge! He had examined the prisoner ;
had noticed the actions of the prisoner while
attending court, and thinks him a sane man.
During the examination of this witness a long
discussion ensued between counsel the prisoner
taking part, as usual which resulted in an order
of the Court placing the latter in the dock.
In making the order Judge Oox said that the
latitude granted the prisoner had been for the
purpose of allowing the experts to examine him
more closely, in ordor te the better lorm their
opinions as to his sanity.
Thursday. Dr. Callender was recaHed and
cross-examined, but adhered to his expressed
belief that prisoner was sane.
Dr. Walter Kempster, of Wisconsin, pronounced
the prisoner sane and that he was feigning.
At the opening of the court, on Friday, Guiteau
began the proceedings by reading what purported
to be a telegram, as follows :
"Mr. Charles J. Guiteav,
Washington, D. C. :
"All Boston sympathizes with you. You ought
to be President.
(Signed1) A Host of Admirers.
After which he continued:
" I dont know but two men in America who
want me hanged. One is Porter, because he ex
pects to get $5,000 for i I ; the other is Corkhill.
Corkhill is booked to i c i moved anyway. He
wants to get even with me, because he thinks I
am the man that did it. After a pause. It is
said that I am two severe in my language. I
will explain that. 'Woe unto you,' he exclaim
ed, with the declamation of a preacher, 'ye hypo
crites, scribes and Pharisees; how can you escape
damnation in hell ? you generation of vipers ; how
can you escape the damnation in hell?' Who was
it said that ? The meek and k wly Jesus ! I put
my ideas in sharp language, an 1 1 have the ex
ample of the Saviour of mankiud for doing it.
He called things by their right names. When
any one assaulted Him, He struck back. He did
not lay down like a craven, nor I don't."
The cross-examination of Dr. Kempster, of
Winnebago, was about to be resumed by Mr. Sco
ville, when the prisoner again broke out : " I refer
my nomination for presidency to the Republican
national convention ol lbol. I will be there. I j
do not think that this jury is going into the .
hanging business in order to enable Mr. Porter j
to get $5,000. The American people do not want '
to have me hanged. They might as well try to
hang a man for killing another during the war S
as to hang me. My motive was patriotic, under
Divine pressure, to save the Nation from another
war. But I am going to discuss that when we
get to the jury." The examination of Dr. Kemp
ster was then resumed, being directed chiefly to
an effort to show discrepancies between the tes
timony of the witness and the statements in his
annual reports as superintendent of the Northern
After a warm altercation between counsel, Dr.
John P. Gray, of Utica, N. Y. (the last of the ex
pert witnesses for the prosecution), was called to
the stand. He stated, in reply to questions by
the District Attorney, that he is medical superin
tendent of the New York State Lunatic Asylum,
and has been connected with that institution
since September, 1850. He has had under his
immediate control and observation an aggregate
of about twelve thousand insane persons, embrac
ing all classes of society, all occupations and pro
fessions. He defined insanity as a disease of the
brain, in which there is an association of mental
disturbance, a change in the individual, a depar
ture from himself and from his own ordinary
standard of menial action, and a change in his j
way of feeling, thinking, and acting. '
Here the witness was interrupted by the j
prisoner shouting out: "That is my case. I
shot the President on the 2d of July: and I I
would not do it again for a million dollars." j
The witness went on to define and illustrate i
the distinction between delusions, illusions, and ;
hallucinations, and was again interrupted by the
Irisoner shouting out : " You are a very learned
man. Doctor; but
forget that Abrahamic
class the class that I belong to."
The witness said he did not believe in moral
insanity, and had not for years. That term was
intended to signify a perversion of the moral
character, leaving the intellectual faculties still
The District Attorney If a man is an habitual
liar and cheat, would those qualities indicate in
sanity? The "Witness No, sir; they would indicate
The District Attorney Has insanity any ten
dency to make men criminals ?
The "Witness No. No more than neuralgia,
or dyspepsia, or anything else. It is only a disease.
It does not put anything new in a man. It only
perverts what is there.
The witness continued his testimony, detailing
the incidents of his various interviews with the
prisoner, who, he said, stated that the idea of re
moving the President flashed across his mind in
the night. Witness asked him how he finally
came to the conclusion that he would do the act.
He said that he had resolved to do it; that he
believed that the political situation fully justi
The Prisoner That kills the Paris consulship
proposition. The prosecution cannot convict me
unless they can show some kind of malice. The
only malice which could come was from the Paris
consulship idea, and what the Doctor says kills
"Witness further stated that the prisoner had
claimed that he was legally insane, not medically
Saturday. Dr. Gray's examination was con
tinued, and he reiterated his statement that he
believed the prisoner a sane man.
Mr. Scoville objected to the witness giving an
opinion of the prisoner's sanity, concluded from
the statement made by the prisoner of his life.
The Court ruled that the witness should proceed
with his opinion.
Dr. Gray continued, and said the prisoner told
him that he had been perfectly healthy prior to
the shooting ; he claimed no inspiration of any
kind in answer to witness' questions regarding
his application for offiqe.
Guiteau u I claimed inspiration at the begin
ning and at the end; the whole thing was derived
Witness (continuing) Said he had no inspira
tion until he had made up his mind.
Guiteau " That's where I had my inspiration
in working up my mind."
"Witness His actions, statements, and appear
ance controlled me in making the conclusions.
Guiteau "The Lord dont employ fools to do
"Witness I took into consideration also the
fact of his caring and preparing for his own pre
servation before and after the act.
" Guiteau UI didn't propose to let the populace
destroy me when they knew nothing of my mo
tive. You are talking about cranks."
Witness (continuing) He stated to me that he
had looked through the matter of inspiration and
intended to make that plea."
Guiteau "That is not so. I never thought
what would become of me." t
Witness Insane persons who possess delusions
are insane in every other way; the prisoner's
claim of an insane delusion is entirely inconsist
ent with his acts.
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Guiteau " Insane is the word. I don'fc claim
Witness No man who has a delusion and in
insane, claims himself to be anything else but
sane; I took into consideration his degree of
Guiteau here interrupted again, and said:
''How about Abraham and his delusions?
Thirty-eight delusions already found in the
Continuing, the witness said : "When I saw the
prisoner in jail he evinced no particular temper,
but was excitable: insanity cannot be inherited;
have never seen the term " pressuie" used by an
insane person : an insane person, would be indif
ferent as to appeal to civil autUonties.
Guiteau " I don't appeal to civil authorities
either. I am willing to go out and take care of
myself, if the Court will let me. There's no
case here, if Mr. Merrick and other lawyers
know their business. The question of jurisdic
tion will settle this business."
The witness said he had carefully watched
the prisoner during the trial and was convinced
that he was sane, and that he believed him to
have been sane at the time of the shooting of the
President on the 2d of July.
The cross-examination dragged along until
nearly three o'clock, when the prisoner stopped it
by saying : " It's most three o'clock, Scoville. To
morrow will be New Year's day, 1882. I receive
my calls this year at the jail; any one who
comes can get in. I will be glad to see any one
who comes. I wish everybody a happy New
The Court was then adjourned till Tuesday.
Tuesday, January 3d. Dr. Gray again took
the stand, but his testimony was simply a resume
of that already given, no new points being de
veloped. A little after noon he was finally dis
charged. Dr. S. P. Bowker was next called by the de
fense to contradict the evidence given by Mrs.
Dunmire touching prisoner's sanity. Hi3 testi
mony was immaterial.
Mr. Scoville, with Mr. Eeed, his associate, next
asked leave to introduce new witnesses on several
points, pending the decision upon which the
On the 4th the Court refused to grant the
motion, and the case was closed, so far as the
evidence was concerned, counsel being granted
time in which to prepare for the arguments.
Judge Advocate-General Swaim, in his review
of the'proceedings of the Cadet Wittaker court
martial case, makes the point that the court
which tried the case wa3 illegally constituted.
He holds that the President had no power to ap
point a court-martial within the limits of a mil
itary department as an inherent right as commander-in-chief
of the army and navy. In such
a case the department commander is the only
person authorized to order a trial and name the
If he is sustained in his opinion by the Attor
ney General Whittaker's ears will doubtless be
given another chance.
Payments from the Treasury by warrants
during the month of December, 18S1. were as fol
lows: On account of civil and miscellaneous,
$4,380,074 05 ; War, $3,066,087.28 ; Navy, 1,059,
749 58: Interior, Indians, 654,053.40; Interior
Pensions. $4,233,457.67 ; total, $13,398,991.98.
Learn to have not one life for God and another
for the world ; but let your life be divinely de
voted and divinely quickened. Let every foot
step be a walk with God.
Answers to Correspondents.
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suggest that much labor, time, and expense may be saved
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They could then, at any time, turn to the file and proba
bly find the very inquiry answered about which they
would have written to us. We trust that each and every
subscriber will profit by this suggestion.
J. B. J., Olathe, Kas. It takes from six mouths
to a year to get report from Adjutant-General's Office
in a pension case.
A. B. M., Jeffkespx, III. If testimony of sur
geon who treated softlier in the army cannot he ob
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vested in house, lands, or other property, loses its
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W. H. K., Mifplintowx, Pa. No U. S. license
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forms or liquors.
P. X., Manchester, Tknx. You should apply
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torney is entitled to his fees in advance.
G. W. B.. Little Barrel. Tknn. If v&u cranio v
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write letters, txc, you would be obliged to pay a
reasonable sura for his services, providing he makes
a charge. 2. Your agent has no right to charge
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covers all such necessary labor. 3. A joint affidavit
is one made bv two or more persons who testify to
j the same state of facts.
F. S., Winslow, X. J. The party of whom you
speak has no right to your certificate. If she refuses
to give it up or destroys it, you can, by writing t
the Commissioner of Pensions in this city, get a per
mit to draw pension without the certificate.
W. M. H., Bath. Me We do not think 3'ou have
a valid claim to pension on the case stated. Your
only recourse would be to apply to Cjngress for a
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whether you are going to get a patent or not, and no
attorney's fee is charged unless you do get a patent.
An attorney whose fee depends on his success in obtain
ing the patent will not advise you that your invention
is patentable, unless it really w patentable, so far as his
best judgment can aid in determining the question
hence, you can rely on the advice given after a prelimi
nary examination is had.
DESIGN PATENTS and the REGISTRATION OF
LABELS and TRADE-MARKS secured.
CAVEATS prepared and filed.
Applications for the REISSUE OF PATENTS care
fully and skillfully prepared and promptly prosecuted.
Applications in revivor of rejected, abandoned, or for
feited cases made. Very often valuable inventions are
saved in these classes of cases.
If you have undertaken to secure your own patent
and failed, a skillful handling of the case may lead to
success. Send me a written request addressed to the
Commissioner of Patents t-hat he recognize Gkorge E.
Lemon, of Washington, D. C, as your attorney in the
case, giving the title of the invention and about the date
of filing your application. An examination.will be made
of the case, and you will be informed whether or not a
patent can be obtained. This examination and report
will cost yon nothing. .
Intkrfekence Contest arising within the Patent
Office between two or more rival claimants to the same
subject-matter of invention, attended to.
Appeal Remedies pursued in relief from adverse
Skabohes made for title to inventions.
rvr patents furnished at the regular Govern
ment rates, (25 cents each, if subsequent to 1SG6. Pre-
-,a ftt- not printed, at cost of making copies.)
Copies of Official Records furnished.
Opinions rendered as to scope, validity, and infringe
ment of Patents.
In fact, any information relating to Patents and to
property rights in inventions promptly furnished on the
most reasonable terms.
Remember this office has been in successful operatic
suice 1865, and you therefore reap the benefits of experi
ence. Address, with stamp for reply,
GEORGE E- LEMON,
WASHINGTON, D. C.
43" Reference given to actual clients In almost every
county in the United States.