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Daily globe. (St. Paul, Minn.) 1878-1884, January 25, 1882, Image 1

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VOL V.
PORTER'S GREAT SPEECH
CONTINUATION OF His MASTERLY
ADDRESS TO TUB JURY.
Ten Ible Portrayal of the Depraved Char-'
acter of the Prisoner aud Caustic- Punc
turing of the Fallacies of the Theories of
the Defense— Kloquent aud Earnest De
fense of Grant and Conkllng from the In
sinuations of Scovllle— Tribute to the
Worth of President Garfleld— Devil
and the Herd of Swine of the Scriptures
Aptly Used In Illustration— Frequent and
Grossly Insulting Interruptions by the
Prisoner- Argument Not Completed
Upon the Adjournment of Court.
Washington, Jan. 24.— As soon as court
opened Judge Porter was about to begin his
speech, when the prisoner forestalled him and
called out from the dock: "I desire to say
that some crank has signed my name to a let
ter that appeared in a paper this morning. It
was without my authority, aud I repudiate It.
I also want to say in regard to a couple of
cranks that I understand have been arrested
for hanging around here. If they undertake
to harm me they will be shot down. I want
everyone to understand this."
Judge Porter, who had paused to permit
this preliminary announcement, began by say
ing the prisoner as usual, has made the open
ing speech. After thanking the court and
jury lor their consideration yesterday, which
had made it possible for him to appear before
them to day, Judge Porter said:
A SHAMEFUL DEFENSE.
This whole defense has been a shame and an
imposture— an imposture which was supposed
to have gained a strength of evidence from
reiteration. The truth asserted by this defense
Is that truth which is uttered with effrontery
enforced by persistency and reduplicated by re-
Iteration. This is the truth which they assert
in opposition to that truth which you are to
ascertain and declare, in my remarks yester
day, I showed you how the prisoner has belied
by his acts bis professions; how he has belied
by his acts, the character given him by his
cause! . I showed you that he had been
a liar, a swindler, a murderer
at heart from the beginning. That this man
has grown worse every year of his life we
have all seen and know."
TART REJOINDERS.
Guiteau— "That's bosh, and you know it,
Porter."
Judge Porter continued to depict the char
acter of the prisoner and the fallacies of his
actions, when Guiteau again, and again in
terrupted him at one tim« calling out: "At
torney General MacVeagh would'nt have any
thin? to do with it"
Judge Porter, half replying to the prisoner,
said: "And this Christian gentleman would
have you even believe that the Attorney General
MacVeagh had dipped his hands in CUrfield's
blood."
Guiteau -"Oh, that's very fine."
A moment later allusion having been made
by Porter to the present attorney general,
Guiteau bawled out. "He's a high toned
gentleman, and you're a wine bibber. I've got
your record, I Mr. Porter."
Judge Porter, with deliberation: "Well,
perhaps I am." -.-;• \
Guiteau with a drawling accent: "Well, I
guess you are, Mr. Judge Porter."
A SPIRIT OF WOE.
Continuing, Judge Porter said: "This Chris
tian gentleman, win prays iv^rv night and
every tnoruiug, would have you believe I am a
wine bibbar," With great effect, and im
pressive earnestness of manner, Judge Porter
emphasized, by an anecdote which he related,
the distinction between a 3pirit of love and a
spirit of woe. "The latter being is expressed
in the life and character of the prisoner. "
The first serious outbreak of the morning
occurred when Judge Porter, adverting to the
statement of the prisoner's counsel, and the
. reiterated assertions of the prisoner himself,
that the notes of Stenographer Bailey were
destroyed by the prosecution because they
would have benefited the defense, denied the
right of the defense to expect or demand to see
papers prepared by the prosecution solely for
their own use. "Furthermore," sa : d Judge
Porter, "There was not contained in them
anything asserted by the defense that would
have improved their standing in this case."
RULED AGAINST.
Scoville insisted upon being heard aud de
manded the court stop counsel from making
any such statements on his own authority as
to the contents of papers which had not been
in evidence before the jury.
Judge Porter insisted he had a right to de
ny statements of the same character made by
the other sic c.
Judge Cox thought counsel had no right to
make any statement as to the contents of such
papers.
Judge Porter, with much feeling, protested
that he had been a practitioner longer than the
judge, and had never before heard suchrnling.
He, (Porter,) was of course debarred from tak
ing a legal 1 exception, but he must protest
against the unfairness in the ruling which
would admit all Ports of statements from the
prisoner and from the counsel, and yet would
debar the prosecution from all opportunity of
refuting. _
Reed, with" considerable excitement, said:
"If I was Judge I would put him under arrest.
Such insults to the court should be punished.
REASONABLE DOUBT.
Judge Porter resumed his argument and
proceeded to discuss the question of reason
able doubt a) an element of the defense of in
sanity. Re erring to the decision of Judge
Martin, New Jersey, which had been rein
forced by the decision in Erie, New York, he
was again interrupted by Scoville, who de
sired to know if arguments were to be heard
again upon law points. A sharp colloquy be
tween the counsel ensued when Judge Porter
removed the objection by handing his author
ity to the Judge, saying, "It will answer every
purpose of mine, your honor, if you should
have occasion to rule upon the point."
WHO KILLED GARFIELD.
Returning] again to the crime and its com
mission, Judge Porter said: "Who killed Gar
field?" I
Guiteau— }"The doctors; Porter. Yes, the
Lord let them do it to confirm my act."
Judge Porter— "Secretary Blame was not
responsible." .
Guiteau— "l say morally responsible."
Porter— "Hr. Blame saved his life on that
night before the murder simply by his presence
with him as they walked together. He might
have saved his life on the fatal 2d of July but
from the fact that the murderer stole up from
behind." The prisoner confessed that Mrs.
Oarfield'sprjesence with her husband oa a for
mer occasion had prevented him from shoot
ing. He was asked if Mrs. Garfield had been
leaning upon his arm instead of Blame on that
■fatal morning would you have shot him, and
be answered "no." Then Mrs. Garfield is
-responsible for her husbands's death, accord
ing to the fallacy of this wretchedly fallacious
■defence. |
MONSTROUS SENTIMENTS.
.Referring to the oratorical flight of counsel
for the defense when he presented the presi
dent's widow at ber daily prayers, praying for
acquittal of the prisoner in the name of jus
tice, Judge Porter Id burning language
snowed up the profanity and inconsistency of
such assertions and rebuked the assumption of
a man who had never exchanged a word with
Mrs. Garfield in presuming to credit her with
such monstrous sentiments. Continuing,
Judge Porter said: "Who else is responsible?
John H. Noyes. He is responsible. He killed
Garfleld. John H. Noyes, from whom the
prisoner stole his lectures."
"That is false. I rely on my own brains for
my productions."
Who else? His father is responsible, that
father whom he struck when 18 years old.
He killed President Garfield; that father whom
he says he can never forgive and with whom
he had not for the last fifteen years of his
honored life, exchanged a word. Who else
is responsible? Why, the mother; the
mother whom he scarcely even remembers,
who was guilty of the monstrosity of haying
an attack of erysipelas, so as to necessitate
cutting off of her hair some weeks before his
birth, and who for this reason, it is asserted,
transmitted congenital insanity to this mur
derer. Who else is responsible? Why, Uncle
Abram, who was drunken and dissolute but
not insane. He transmitted insanity to him,
although he did not become insane until after
he (the prisoner) was born. He killed Garfield
by making the prisoner insane. Who else is
responsible? Why, Uncle Francis killed Gar
field. Uncle Francis, who, as we are told,
being disappointed in love, either killed the
husband of the woman he loved, or fought a
sham ilii' 1 and long after became demented.
He killed Garfield by making this man a con
genital monstrosity, as Dr. Spitzka says. Then
Cousin Abbey, she is responsible, who,
unfortunately, was taken possession of by
one of this Guiteau tribe, a traveling
mesmerist, and her young mind so wrought
upon that finally she was, for better protect
ion, sent to an insane asylum. She killed
Garfleld by making this murderer insane, and
as if all this were not enough to kill Presi
dent Garfield.
Guiteau— "Ther's enough to kill your case
according to your own showing."
Judge Porter— " iVhy the Chicago conven
tion killed him. If this had'nt nominated
him I should not have killed him," says the
prisoner. "The doctors killed him, for if he
had not been chosen president he would not
have been killed. His nomination was the act
of God, His election was the act of
God, says the prisoner, and he would have us
believe the Deity who bad thus twice
confirmed his choice, found it necessary to
correct his labors by appointing this wretched
swindler, this hypocrite, this syphilitic mon
strosity to murder the president, whose nomi
nation and election he had confirmed. Those
are the defenses put forward by this prisoner
and his learned counsel to divert your atten
tion from the fact that the
DELIBERATE MURDERER OF GARFIELD
is there (pointing to the prisoner). But even
this is not enough. The press killed Garfield,
and the press is arraigned by the prisoner,
and without an indictment the press is found
guilty by the murderer, but fortunately they
are lound guilty only by the blistered tongue
of the murderous li#r himself."
Referring to Reed's suggestion about Mrs.
Garfield praying on behalf of the prisoner,
Porter said: "Imagine what sort of creeds
these are that the counsel thus brings up.
Imagine the aged mother of the president
coming before you draped iv black. Imagine
according to the old custom of English laws,
this trial taking place in the presence of the
corpse. Garfleld mutilated by the murderer,
enwrapped in white linen, through which it
was supposed the mere approach of the mur
derer would start the blood to flow. Imagine
Garfield lying there, not one of the clavicles
of his back bone, but the whole man, cold in
death, with the death sweat not even yet dry,
his brow drawn with an expression of agony,
which this prisoner put there and
with tbe cowering assassin here, shirking
fear approach to the body, which was required
by the old Princess of Bierrite. Imagine the
aged mother who had looked to that son to
close her eyes iv death, bowing with grief at
the coffin head with Mrs. Garneld, whose lips
were the last that touched the cold lips of the
president, sitting at his feet in dust and ashes.
If in such a scene Mr. Charles Reed stood up
and said the woman who seems to you to be
kneeling only to God in her sorrow, is kneel
ing to God in prayer that this murderer shall
be dealt with leniently, what would you think
of it? It is well for us all, gentlemen, that
the law does not call upon a juror to leave
only the immortal part of their nature, their
moral nature, outside of the court house
when they come to administer justice.
Although Garfield is dead, the prisoner speaks
and has spoken on the witness stand these
words, which prove him to be not only an
assassin, but a meditating, deliberate, sane
and responsible assassin of the president. This
man slaughtered Garfield as he would have
slaughtered a calf, had he wanted to eat.
"The doctors did that," said the prisoner,
"and having disposed of him in that way, in
comes his counsel and charges with crime
those who occupy a too lofty position to
notice the vipers that said it, aud who would
have degraded the dignity of their office by
noticing it. One of them is a distinguished
American senator, who at this moment, except
that he was too proud and too lofty to accept
office, would be sitting as chief justice of the
supreme court of the United States, the son of
a great and honored American jurist, a man
who, still young in years, has com
manded more of attention at home
aud abroad, of the admirers of intel
lectual greatness, of the loftiest eloquence
of the greatest statesmanship, than any man,
perhaps, even of his time. Better still, he is
a man honest in all he undertakes, a man
faithful to hi:i friends, faithful to his convic
tions, even though they involve sacrifice.
That man capable of doing what but few men
are, resigning the leadership of the American
senate and do it at the peril of his own politi
cal destruction; a man of integrity of courage
and fearlessness and manliness which made
this withdrawal a matter of regret even to his
political adversaries; such a man is to day ar
raigned before an American jury and arraigned
not by the criminal, but by the criminal's de
fense, ("Without my knowiedge," interposed
the prisoner) as responsible for the murder
of Garfield.
Another of those so arraigned is a man,
more honored in the confederate states than
uny American, save their own cherished lead
er, General Lee; a man who is honored in the
Northern states for services rendered, first in
war and afterwards in reconciliating the diffi
culties which grew out of the
war; a man whose life has been
without dishonor and without reproach;
a man elevated to conspecuous positions, the
successor of Washington and Jefferson, Jack
son and Lincoln; one who after he left that
place was welcome to every European and Ori
ental land as one of the ablest men and purest
personal characters to be named in the history
of the nineteenth century; that man is ar
raigned by the lawyer of Guitemt ("but not
by Guiteau" interrupted the prisoner), as re
sponsible for the murder of Gin. Garfield.
More than that, we have the president of the
United States.
The prisoner— "Made so by the inspiration
of Guiteau; don't you forget that, Mr. Por
ter. You do not represent him here, either,"
Porter — "The successor of Garfield and
Have?, and Lincoln and Jackson, and Jeffer
son and Adams and Washington. Elelevated
to that position not by the assassin, but by the
choice of his countrymen, and when this crea
ture says 'I made Arthur president,' he
forgets Gen. Arthur was made
president by the voice of
his countrymen, by that very voice which
made Garneld president. He was made presi
dent under the constitution and laws. Millard
Fillmore was just as truly elected by the peo
ple as the president whom he succeeded."
The Prisoner— "That is a false statement,
Mr. Arthur and Mr. Fillmore were nominated
as vice presidents, and would not have been
nominated as president at the time."
Mr. Porter— "This man told you in his
speech last Saturday, Garfield might have died
from any other cause, that he might have
trod upon and orange peel and received an
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 an orange peel or rattlesnake that made
Arthur president?"
"Neither," said the prisoner.
"Both, because the prisoner has shown him
self all his life, as slippery as an orange peel
and venomous as a rattlesnake."
The prisoner— "That is false, and you know
it."
Mr. Porter— '* But in one respect he is more
Daily
than a rattlesnake, for Providence has provided
in respect to the reptile, there shall be a warn
ing at one end, and venom at the other. This
was a rattlesnake without a rattle, but not
without fangp, and when he tells 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 In
troducing into President Garfield's veins the
venom which in eight days would bring him
down to the grave. Mr. Reed, as counsel for
the prisoner, has chosen to pose here as tbe
friend of Garfield. I take it for granted be has
read those memorials saying of President Gar
field, simple as childhood, guileless, frank,
sincere, bis dying utterances, between Gui
teau's bullet and Garfield's death.
In one of his waking hours, the 11th of
July, the president asked Mrs. Susan Edson
where Guiteau was. This was while be ex
pected to recover. He then remarked he sup
posed the people would come to him some
day with a petition to pardon the man and he
wondered what he should do in a personal
matter of life and death. Mrs. Edson told
him she should think be would do nothing at
all, that he surely could not pardon such a
man, and the president said, "No, I do not
suppose I can, and yet, Mr. Chas. Reed, to
whom the American bar is indebted for the
introduction, to its ranks, of the prisoner
Guiteau, undertook to say the president
regarded him as an irresponsible man."
Passing on to criticize Reed's argument and
his illustratiod as to Christ casting out devils
and healing lunatics Porter said: "The Sav
ior made a distinction between a sick lunatic
and those possessed of devils. The claim here
is this man was so enormously wicked as to
be, in the language of Dr. Bpitzka, an € oral
monstrosity.' He represents the class of
which the Savior spoke, not lunatics, but
possessed of the devil."
"That is bosh," exclaimed the prisoner.
"B-o-sh," spelling it out.
Mr. Porter— "Yoh know, gentlemen, how
the Savior dealt with those who were posses
sed of devils. lam not able at this moment
to find the text."
The Prisoner— You are not acquainted with
the bible I see, Mr. Porter. If you read the
bible more and drink wine less you would be a
better man.
Mr. Porter — "A man who was possessed by
the devil came to the Savior and prayed to be
delivered. The Saviour granted his prayer,
and commanded the devil to say who he was.
'My name, said the devil is legion,' and he
prayed to be allowed to go into a herd of
swine, because even devils go through the
form of prayers."
"Then its time for you to pray," said the
prisoner.
Mr. Porter— "The Saviour consented but
what became of the swine after the legion
had entered the herd? They rushed
down a steep place into the sea
and were choked. Whether the devil that
possessess this man is or is not to be choked
by the law, you are to determine, but the des
tination of diabolism such as bis, was thought
by the Savior to be fitting for swine and ulti
mate destination, even if swine, was to be
choked in the water.
The prisoner— -"If you do not stop drinking
wine the devil will choke you. You will go
into a drunkard's grave yet."
"I might," said Judge Porter, "detain you a
week, but I am here for the purpose of ascer
taining whether this man is guilty, and these
collateral issues I will not delay upon. The
junior counsel," said Judge Porter, "has told
you you are kings, and imagines you may over
ride the law and the evidence in grasping an
almost intangible doubt and ignoring tbe
solid structure of the evidence of guilt. You
are not kings, and the man who told you so is
the junior counsel, the only man in fifty mil
lions who would or could recommend Guiteau
for office." Recess
Afternoon Session.
After recess Judge Porter resumed his argu
ment and pointed out the cunning, the du
plicity, the acting of the prisoner sitice the
beginning of the trial. You are, gentlemen
of the jury, no more kings in respect of law
thaa the prisoner in the dock, who sits un
crowiied save in his own conceit.
Referring to the oft-repeated assertion that
he had sent Garfield prepared to meet his God
and he (Guiteau), too, was ready to die if God
willed it, Judge Porter with deliberate empha
sis said: "I do not believe in all this assem
blage there is one soul that contemplates with
such abject terror the possibility of facing his
Maker as does this brazen murderer."
Guiteau whirled around with the ferocity of
a wild beast and fairly yelled: "That's a
miserable lie and you know it, Porter, and you
are an infernal scoundrel. I hope God Al
mighty will send for you soon, both you and
Corkhill- Such a miserable, stinking whine
as that is."
"The law," said Judge Porter, "as it bears
upon this case is the supreme court, and you
are but simpiy made, under the obligation of a
solemn oath to bring in your verdict under
the law and the facts."
QUESTIONS TO BE DECIDED.
Summing up the questions presented by the
case upon which they were soon to be called
upon to pass, Judge Porter said:
"The first of the questions for you to con
sider is was the prisoner insane on the second
of July. If he was not, tbe case is at an end
and your sworn duty is ended." •
"Second, if you reach the conclusion that he
was insane on that day, was he insane to that
degree that on the second of July he did not
know that murder was morally and legally
wrong. If he was not insane to that degree,
yeu are bound under your oaths to convict
him."
"Third, if iv utter disregard of his confes
sion under oath, you shall find he actually and
honestly believed that God had commanded
him to kill President Garfield, and that he
was under a delusion unless
you find the further fact that such delusion
disabled him from knowing such act was mor
ally and legally wrong, you are bound under
your oaths to convict him.
"Fourth— lf you find such delusion did not
exist, as that God commanded him to do the
act, and such delusion was the sole product of
insanity, and then only can you acqut him
when you find he was unable to coutrol his
own will. And you must remember, that un
der oath he has sworn he was able to control
it, for he said, had Mrs. Garfleld been with
him at the depot on the 2d of July, I would
not have shot him.
"Fifth— lf you flndthateven though he was
partially insane, it resulted from bis own
malignity, his own depravity, yet still you are
bound under the instructions of the court to
convict him.
"Sixth— lf upon the whole case you have no
reasonable doubt whether he was wholly or
partially insane; if you believe that he knew
his act was legally and morally wrong, you
are under your oaths bound to convict him."
"The law," said Judge Porter, "is founded
upon reason aud law, and established principles,
which will not let murder, and rapine, and
arson run riot through the land."
Mr. Porter then went on to discuss the
points of law as laid down oy Judge Cox in
this case. After he had disposed of that
question he took up again the question of the
reponsibility of the prisoner. "What house
hold," he said, "would be safe, whit church
would protect its worshippers, If this man
were to escape on the plea of irresponsibility 0
Is it true, any man who has had an insane
father, an insane uncle, an insane aunt or an
insance ancestor, and who is not himself in
sane, but knows perfectly that murder is le
gally and morally wrong, is to escape punish
ment, may be stab or shoot, or waylay, or
murder by day or night, and then claim in
his vindication, not that he is insane himself,
but that somebody else was? If so, what is
human life worth? Nay more, >.f it were true,
every insane man, nomatter in what degree, no
matter whether from melancholia, or from any
of those casual or occasional conditions of
mind, is at liberty to commit burglary, to fir*
your dwelling house, to set the city of Wash~
ington on fire when frost shall stiffen the wa
ter and when fire is destructive, to ravish
your daughter; what security is there? That
license for which this brother-in-law of Guit
eau contends, namely, that the law is intended
only for rational men, and that all of those
crimes which I have mentioned may be com
mitted by license, not from law, but from one
of the twelve emperors or kings in defiance of
law and of instructions from the court.
Nay, more, the insane of this country, I
ST, PAUL, WEDNESDAY MOBNING, JAOTABY 25, 1882.
mean the undoubted insane, who are inmates
of lunatic asylums, are to learn from the ver
dict in this case, if the theory of tha defense
shall be sustained, that each of them is at
liberty to murder the keeper who restrains
him; that they are all at liberty to confeder
ate, to open the gates of the asylums and to
go out with knife and torch in hand and
spread ruin and conflagration in every direc
tion, and although the law forbids it, an
American jury can be found that will sanction
the act,"
The Prisoner— "That is very fine but it is all
bosh."
Mr. Porter— "More than that, any man who
has insanity in any degree, shall be at liberty
to murder any other insane man. I believe if
a jury could be empanneiled in a lunatic asy
lum in this country, they would say of this
man not only that they would be endangered
by his presence, but that he is perfectly sane.
Was the man insane on the second of July? Tf
he was not you have but one duty, and that is
to convict him. He was not insane. I aver
what the proof indisputably establishes. He
never was insane, and certainly not oa thr
second of July. On that point the principal
claim by the prisoner and his counsel, is the
atrocity of this particular act. Ido not deny
his claim of beiug the most cold-blooded and
savage murderer of the last 6,000 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 a com
mand to all people, ' Thou shalt not kill.' But
Guiteau says that life is of small considera
tion. He says in one of his letters of conso
lation to the widow, • Life is but a fleeting
dream;' ' his death might have happened at
any time.' But the Lawgiver of the Universe
entertained different views of the value of
human life, when he said, ' Whoso sheddeth
man's blood by man shall his blood be shed."
The prisoner— "That was three or four
thousand yeara ago. We have made law since
then."
Mr. Porter— "And that man in the dock
tells you the same God that placed that value
on human life placed no value on the life of
James A. Garfield, and that life at best was
but of small value. It was ' a fleeting dream.'
We have had the gospel of Guiteau, and he
thinks that this jury will endorse his gospel.
Christ speaking to the Scribes and Pharisees
said: 'Ye who claim to be of the
seed of Abraham provo It by
doing the acts of Abraham; but ye
are the children of your father, the devil, who
was a murderer from the beginning,"
The Prisoner— "That takes you in, Porter."
Mr. Porter— "That is the insaniiy which
this man has Inherited. The man Is a liar as
well as an assassin, and he was instigated not
by the Almighty, but by the deviJ."
The Prisoner, alluding to Porter's habit of
lowering his voice at the end of a senteuce
"The point is so fine that I cannot hear it over
here, you had better do it again Judge."
Mr. Porter went on to review the prisoner
and his life of crime, in which he included
adultery.
The Prisoner — "How many times have you
been guilty of that? Look up your record old
man. I guess you are about as bad as Cork
hill."
Mr. Porter went on to refer to the prisoner's
life in Washington, and asked: "Was this
temporary mania, Abrahamic mania, or dis
ease of the brain, which resulted in murder
for the benefit of the stalwarts of the Republi
can party?"
The Prisoner— "For the benefit of the
American people. A removal, not murder.
They are very well satisfied with it, too."
Mr. Porter— "Gentlemen, if I went no
further, do you believe that the Iran's brain
was diseased, and did the disease come and go
according to whether President Garfield went
at one time with his wife, or went out with
his children, or went to the Soldier's Home,
or went to the railroad depot? Do you be
lieve that the right remedy for disease of the
brain, is to make six week* preparation for
the assassination, and that shooting another
man through the spine is a cure for disease?
That is the case as the prisoner makes it out.
The Prisoner— "lf I were president of the
United States and had ruined the Republican
party, as Garfleld had, I ought to be shot.
That is my opinion about that, aud it is the
opinion of a great many people, too."
In the course of his further argument, Por
ter referred to the prisoner's divorced wife as
the woman who loved him.
The prisoner— "l did not love her. It was
a one-sided affair."
Mr. Porter -— "The woman who married
him"—
The prißoner~"That was a swindle."
Mr. Porter— "The woman who slept with
him," —
The prisoner — "Sometimes she did and
sometimes she did not." —
Mr. Porter--"The woman who l»orrowed
for him and who gave the earnings of her in
dustry to furnish him money which he spent
on a street prostitute' ' —
The prisoner— "That's a lie, and a big
one,' 1 —
Mr. Porter — "The woman whose divorce
was secured by his procurement, by all sorts
of deceit, meanness and ignominy."
The prisoner — "I had no business to marry
her at all."
Mr. Porter— "He and his prostitute were
witnesses to aid them in removing his wife."
The Prisoner— All that happened ten years
ago and has nothing to do with the case.
Mr. Porter went on to argue against the
claim of the prisoner's insanity, and while he
was looking for an extract of the testimony,
the prisoner took advantage of the pause and
said: "This gives me tjme to say that lam in
receipt of a letter from New York, in which
the writer says he has conversed with '250 in
telelligent people about my case, and that all
of them are of apinion that the Almighty iu
spiredmyact. I have also « letter from a
prominent lawyer, in Maryland, who says I
will go into history by the side of Grant and
Washington. That is their opinion on this
matter."
Mr. Porter, referring to the testimony of
Mrs. Scoville, paid her the compliment of a
sincere woman, and said "she had never seen
insanity in the prisoner until the time when
he raised an axe upon her when he was 35
years, of age."
The prisoner— That never occurred.
Mr. Porter— Your sister swore it, and she
is a woman of truth, while you have commit
ted perjury."
The prisoner— "That is a matter of opinion."
Mr. Porter— "She came into court with
unbloodied hands, and she went out of it as
she entered it, an honest woman, believing
what she asserted."
"I lifted no axe against this sister," said
the prisoner.
Mr. Porter— "He did. There is his own
sister, the only one who has stuck by him
faithfully and honestly. She tells you hon
estly, that the first time she thought you
insane was when you were 85 years of age.
She says: 'I had no thought before that he
was not in hia right mind.' "
The prisoner— "The letters I get show the
American are solid for me; don't forget that,
Mr. Porter."
Further reference by Porter to the incident
of the axe bronght from the prisoner this re
mark: "It was a very stupid thing for Scoville
to bring in that axe matter at all. He ought
to have known the use the prosecution would
make of it. That's about as smart as Sco
ville s family are. The whole thing is bosh
from beginning to end."
Mr. Porter went on to criticize the testimony
of Reed, of Amer, and of North. He said it
would take 1,000 Norths to make him believe
Luther W. Guiteau, that calm, quiet, religious
man, ever said to the old father and old mother
who had a son that did not want them to go
to the Oneida community, "Take a -knife and
slay him as Abraham did Isaac.''
At this stage of Porter's argument court
adjourned.
Bearing on Guiteau's Case.
Newabe, N. J., Jan. 24.— 1n the Graves
murder case the judge charged the jury that
it was a settled law in New Jersey that if the
accused had sufficient mind to distinguish be
twe> n right and wrong and could control his
conduct under ordinary circumstances he
could not acquit himself on the plea of irre
sistible impulse. Thereupon the jury
brought in a verdict of murder in the first de
gree.
(Blabe.
IIfSFRiMKIOI
IMPORTANT ME AS VJtES INT ROD UVED
IN CONGRESS.
Bill for the Punishment of National Bank I
' Officials for the Illegal Issue of Certified
Checks-Regulating the Counting of
Electoral Votes and Punishing Wrong
Doing In Connection Tberewlth-Trouules
In the Way of the Proposed Division of
Dakota Territory— Aid to the
■ Cause of Education— Opposition of Favor
ed Army Officers to the BUI Reorganiz
ing the Manner of Making Details -mis
cellaneous. ■-.. .
The Senate.
Washington, Jan. 24.— James W. McDill,
lowa, as senator for the unexpired term, was
sworn in and the credentials of James F. Wil
son, senator from lowa for six years, begin
ning the 4th of March, 1883, were placed on
file.
The bill for the relief of Mary Lincoln
passed. It appropriates $15,000 for her im
mediate relief and increases her present pen
sion to $5,000 per annum from and after this
enactment.
Bills were introduced:
By Senator George— To make the agricul
tural department an executive department and
to enlarge its statutes and powers,
By Senator Johnston— To repeal so much
the section of the revised statutes as imposes
an export tax on tobacco.
Senator Beck introduced a bill for the pun
ishment of officers of national banks, who il
legally issue certified checks. This bill, on
demand of Voorhees and others, was read at
length. It is as follows :
••Be it enacted, etc.— That any officer, clerk
or agent of a national banking association,
who shall wilfully violate the provisions of
the act entitidd 'an act in reference to certify
ing* checks by national banks,' approved
March 3, 1869, being section 2,208 of the Re
vised Statutes of the United States, shall be
deemed guilty of a misdemeanor, and shall on
conviction thereof in any circuit or district
court of the United States, be fined not more
than $5,000, or shall be imprisoned not more
than five years, or both, in the discretion of
the court; provided, nothing in this act con
tained shall relieve any banking association
from any of the penalties prescribed in the
act and section to which this act refers."
Senator Beck remarked this unlawful prac
tice is now going 'on to the amount of $100,
-000,000 a day; that under the law penalty is a
forfeiture of the bank's charter, but that no
punishment had yet been inflicted on the guilty
parties. Upon his motion the bill was referred
to the finance committee.
Additional bills were Introduced.
By Senator Plumb— Proposing an amend
ment to the constitution prohibiting the man
ufacture, importation and sale of all distilled
and fermented liquors as beverages in any por
tion of the United States and territories.
By Senator Teller— A joint resolution de
claring forfeited, so far as the same have not
been earned by fulfilment of their conditions,
the land grants to the twenty-two railroads
enumerated by the bill, including the North
ern Pacific, the Atlantic & Pacific and Texas
Pacific. The estimated quarterly lands granted
each of these is set fourth in the bills as re
spectfully 47,000,000, 62.000,000 and 18,000,
-000 acres.
By Senator Pugh — To enforce observance of
the constitution in reference to election of
president and vice president. It punishes
with a fine of $1,000 to $2,000 and imprison
ment from five to ten years any congressman
or holder of a government office of trust or
profit who exercises or attempts to exercise
the powers of presidential elector. The
same punishment is imposed for false as
sumption by anyone of the office of elector
and for conspiracy in aid thereof.
By Senator Voorhees— For the better pro
tection of the mails of the United States. The
bill directs that the postmaster general shall
require all railroads in the United States to
heat railway mail cars with steam from the
locomotive.
Resolutions submitted by Senator Hoar were
adopted calling on the secretary of the in
terior for information as to the sums expended
under treaties for the education of Indian
children, to what extent the treaty obligations
in this direction have not been fulfilled, what
it will cost the United States to perform such
unfulfilled obligations, if any; what amount
of the sums expended for the support of In
dians has been expended for schools, etc.
Also, calling on the secretary of war for in
formation as to the cost of the government of
Indian wars during the past ten years, and the
cost of so much of the army as has been en
gaged in the observation and control of In
dians, or whose presence has been rendered
necessary as a protection from danger from
Indian hostilities.
Consideration of Sherman's 3 per cent, bond
bill was resumed, and Senator Call reviewed
the pending amendments, and opposed the bill
as premature.
Senator Bayard suid he regarded the com
pulsory nature of Vest,'* amendment as weak
ening the bill, and the measure itself as un
necessary in view of the success of Secretary
Windom's operations in continuing the 5s and
63, a transaction which he (Bayard) contended
did not involve a change of contract or mak
ing a new one, but was simply a voluntary
agreement for the diminution of the interest
rate. He added, in reply to a criticism by
McPherson, that the change from the condi
tions of last year to the present favorable
solution with reference to the bonds of the
government, relieved the opponents of the
pending bill, who were also friends of the
3 per cent, measure last year, from any charge
of inconsistency.
Senator McPherson replied briefly and was
followed by Beck, who said, if the statement
made the other day by the senator from Min
nesota, (Wmdom) that the surplus revenues
for the last ten months had amounted to
$120,000,000, was a correct one, he thought
the first step for congress to take was to re
duce the tariff and internal tax
ation. It should defer funding
legislation until it could be based upon actual
revenues, but this basis could not be ascer
tained in advance of a reduction of taxation.
He also favored diminution of the greenback
redemption fund to $50,000,000, and opposed
the locking up of revenues in excess of that
amount. The proposed amendment of Plumb,
limiting that fund to $100,000,000. and that of
Vest met his approval, and if the bill was thus
amended he would void for it. He also argued
the certification of bank checks In excess of
available funds should be stopped. He said
that in 1879 the secretary of th« treasuay in
his report to congress, showed that among
the clearing house exchange, these certified
checks increased from $34,000,000 June 14, to
$60,000,000 October 2, and to more than
$90,OOO,OOi), October 30, notwithstanding the
penalty of the law was forfeiture of the bank
charter. The secretary merely sent out ex
aminers who white washed the banks, and the
ofleosc was subsequently repeated, while no
executive officer has attempted to put a stop
to it. This practice contributed largely in
bringing about the mischievous results of the
New York "black Friday," and he (Beck) has
reason to believe transactions in certified
chc«ks were now running up to $120,000,000
per day.
Senator Garland at this point, on leave, re
ported back from the judiciary committee, the
resolution in reference to the extradition of an
Italian, Vincenzo Rebello, with a bill regulat
ing the fees and practice In extradition cases.
Tne bill provides for making fees regular,
compels commissioners to bold court in pub
lic and where the accused Is poor and cannot
afford tbe cost, authorizes the United States to
send for his witnesses and pay all fees, the
government to be reimbursed for the expense
so incurred by the government asking surren
der of the fugitive.
A message from the president was received
transmitting drafts of bills to increase the sal
ary of the commissioner of the general land
office to $5,000 per year and cre
ate an assistant coramls»ione • of
the general land office at a salary
of $3,000 per year and five inspectors for sur
veyor generals and district land office ; also
to increase the salary of the commissioner of
Indian affairs to $5,000, and to create .he of
fice of assistant commissioner of Indhn af
fairs at $8,000 per annum, and the dra t of a
bill to provide for the cession of certaii lands
of the Creek Indians in the Indian territory to
the United Btates for the use of the Sem toles,
Senator George introduced a bill to p 'event
discriminations between shippers and con
signees by railroads engaged* in inter-state
transportation. Tho bill is designed to secure
absolute equality iv rates between small and
largo shippers and consignees.
* The senate, without action on the bill , went
into executive session, and soon adjourned
until to-morrow.
House of Representatives
Washington, Jan. 24.— Mr. Belmont , from
the committee on foreign affairs, reportelback
the resolution calling on the president for
copies of all correspondence, etc., relat ye to
the efforts of this government to bring about
peace between Chili, Peru and Bolivia. Adop
ted.
Mr. Reed in behalf of the committee on
judiciary, asked leave to take from the speak
er's table, for immediate consideration, lenate
bill to retire Associate Justice Ward
Hnnt, of the Uuited States supreme court.
Mr. Holman objected.
Mr. McLane from the committee on com
merce reported back the resolution calliig on
the secretary of the navy for all past commu
nications, etc., relating to the Chirique coai
ing sections. Adopted.
Mr. Carpenter, from the same committee,
reported back the resolution directing the
committee on commerce to inquire where ex
isting laws can be amended so as to afford re
lief to the merchants marine engaged >n the
foreign carrying trade, and that measures can
be apopted to promote our ship building and
other commercial interests. Adopted.
Mr. Haskell, from the committee on ways
and means, reported back the bill admitting,
free of duty, all clothing and other ai tides
charitably contributed for the relief of colored
people, who may have emigrated to their
homes from other states, and not for e&l<:.
Mr. Cox, New York, wanted to amer d by
striking out the word "colored," so as t> ap
ply the provisions of the bill to all good; con
tributed to charity. He wanted cheap cloth*
ing. He thought the bouse and treisury
could stand bis amendment.
Mr. Haskell refused to yield for tbe amend
ment. His bill simply applied to a littie chari
table institution in his state, and he die. not
desire to draw into the discussion the question
of the tariff. Next week the committee on
ways and means would report a bill coiicern
ing the tariff question, and it was the Inten
tion to open up more or less the whole su bject.
Mr. Hooker (Miss.) objected to the bil , be
cause in his opinion it did not provide suffi
cient safeguards against the sale of goods im
ported.
Mr. Carlisle (Ky.) contended sufficient safe
guards existed, and Mr. Morrison (111.) assured
Cox, whenever some poor people asked for
like charity, Congress would be found ready
to extend it. The bill passad.
Mr. Henderson (HI.), from the comnittee
on naval affairs, reported a resolution culling
on the secretary of war for a detailed itate
ment of all items of expenditures'under a nual
appropriations for the United States t ignal
service from 1875 to 1881; also, for a detailed
statement of the account of Capt. H. W. ffow
gate, showing all the items of disbursements
made by him on account of such service :lur
ing said years. Adopted.
Mr. Orth, Indiana, chairman of the comnit
tee on civil service reform, reported a nsolu
tion calling on the president for information
as to what action has been taken by him for
carrying out the provisions of the act of
congress appropriating $15,000 to enable the
president to promote the efficiency o' the
different branches of the civil service, and if
said sum is insufficient, what further amount
is necessary for the purpose. Adopted.
The house went into committee of the w hole,
Mr. Robinson, Massachusetts, in the (hair,
upon the fortification appropriation bill. The
total amount appropriated is $375,00( , as
follows: Preservation, repair and protection
of fortifications, $175,000; armament of sea
coast fortifications, $100,000; torpedoes and
their preservation, $100,000. After an im
portant discussion the committee rejected a
couple of amendments and reported the bill to
the house. It passed.
Pending action upon the report of the ionij
mittee on accounts, respecting committees
entitled to clerks, the house adjourned.
The Geneva Award.
Washington, Jan. 24.— At the meet kg of
the house committee on the judiciary, the
question of distributing the remainder of the
Geneva award was disposed of as follows: On
the proposition to refer the question to the
court of claims the vote was— yeas 5, nays 9.
On tbe proposition to pay the claims of
insurance companies the vote was unanimous
in the negative. On the proposition tr pay
the loss of exculpated cruisers, and to pay
war premiums, the vote was— ayes 8, nays 4.
The sub-committee then announced to perfect
tbe bill by a committee consisting of the
following members: Reed, Robinson, Con
verae, Patterson, Knott, Hammond and Wll
lett.
Dividing Dakota
Washington, Jan. 24. —The delegation now
here from northern and southern Dako a in
relation to a division of that territory, com
prises many of the most prominent men of the
territory, both Democrats and Republi :übs.
With regard to a division of the territory into
two new territories, the delegates represent
that there is no difference of opinion arc ong
the people, and all political parties favor it.
As to the admission of the southern po t ion
into the union as a state is another question,
and the Democrats are not inclined to favor it.
Th" conflict inaugurated between Gov. Ord
way on one side, and the legislature
and citizens of Dakota on the o;her,
last winter, enters into the mat
ter of dividing the territory. Parties
are here urging division and admission oi the
southern portion of the territory as a tt ate
be incorporated in one bill. The delegates in
sists it shall be two separate bills, and charge
Ordwaywith taking this plan to kill the
scheme, knowing the democrats in congress
will oppose the admission of anew state.
The indications at present are tbe bill to d vide
will pass congress without much opposi ion.
It is conceded, now that the territory sha 1 re
tain the name of Dakota.
National Aid to Education .
[Special to tbe Western Associated Fres j. ]
Washington, Jan. 24.— Senator Blair says
be has received numerous letters from men
prominently identified with public education
in the South, indorsing his bill to appropriate
money from the national treasury to aid the
caure of general education. The bill prop oses
to appropriate $15,000,000 the first year, iJ!4,-
OOOjOOO the second year, and so on foi ten
year?, the sum to be diminished $1,000,00) for
each year, the money to be distributed to the
states and territories in proportion to the illit
eracy of the population. An effort is teing
made to induce the legislatures of Southern
states now in session to pass joint resolutions
commending the bill and requesting their rep
resentatives and directing their senators :rom
those states to support it. This movenent
originated with men in the South who believe
national aid necessary to provide that section
with a common school system adequate to Its
needs.
Army Details.
Washington, Jan. 24. —At a recent rieet
ing the senate military committee ordered a
favorable report on the bill entitled, " Con
cerning Details from the Army" and providing
that no regiment or company officer shiUbe
detached from duty with his regiment or com
pany for more than three years consecutirely,
and any officer heretofore or hereafter de
tailed who shall be returned to duty with his
NO. 25
company or regiment under the provisions ot
this bill, shall not be again detailed except
temporarily and net then for a period of more
than sixty days until expiration of three
years from his return to his company or regij
inent. The bill was reported and went upon
the senate calendar. It created a great com
motion among army officers on de
tail here in Washington, and
elsewhere, and Immediate opposition to it was
organized. So much pressure was brought
that the sen at'- military committee, at its
meeting to-day, directed the chairman* to
move to recommit the bill with the view of
modifying it, but the opponents of the bill
hope and expect to smother it in the com
mittee if they can get It back there. Senator
Plumb, who is the author of the bill, is op
posed to its recommittal. There are army
officers who have bean on detached service for
eighteen years, and it is understood the secre
tary of wnr is desirous of getting some of
them back to their commands, and of some
what revolutionizing the lists of details. In
deed, it is said the secretary of war advised the
introduction of the bill, which it is now pro
posed to recommit.
Ueneral Capital News.
INDIAN QOVEKNMBNT.
[Special to Western Associated Press.]
Washington, Jan. 24.— The senate com
mittee on Indian affairs will to-morrow give a
hearing to Secretary Kirkwood on the subject
of allotting lands in severalty to Indians. Sev
eral bills having this object in view, and
among them the one recently prepared by Sec
retary Kirkwood, are now pending before the
Indian affairs committees of both houses. Sec
retary Kirkwood will explain in detail the pro
visions of hia bill, and, in so doing, express
his views fully upon the whole subject of In
dian government.
DIVISION OF DAKOTA.
Delegations of citizens of Dakota Territory
will appear before the senate committee on
territories next Friday and submit arguments
in favor of the proposed division of that ter
ritory.
CONFIBMED.
Senate confirmations: Nathan Webber,
United States district judge for the district of
Maine: D. T. Boynton, pension agent, Knox
ville; Indian agent, C. P. Luce, Illinois, White
Earth agency, Minn.; register of land offices,
John S. Fisher, Topeka, Kas.; B. J. F. Hauna,
Wakeenny, Kas.; M. J. Seller, Independence,
Kbs.; receivers of public moneys, Henry
Booth, Lamed, Kae.; Henry M. Waters, In
dependence, Kas.; postmasters, W. H. D.
Noyes, Carthage, Ills.; G. D. Jacques, Helena,
Ark.
BREVITIES.
The president will witbiu the next two
weeks send in a large majority of all import
ant nominations cow claiming attention. It
ia understood no public reception will be held
by the president until after the Lenten season.
A series of state dinners is in contemplation.
The house committee on commerce will re
port favorably the bill appropriating $100,000
for the purpose of obtaining iron and other
material immediately needed in the cohstruc
tion of a dam at Davis Island.
Passage of the bill will soon be moved rela
tive to tbe acceptance by the government of
certain property in Erie, Pennsylvania. Rep
resentlve McCord's bill providing for appor
tionment on the basis of the distribution of
additional representatives according to the
new method. Col.Seaton, superintendent of
census, changes the number of representatives
allotted the several states, as follows: Cali
fornia five, instead of six, (provided for iv oth
er bills; Florida one, Instead of two; Rhode
Island one, instead of two; Pennsylvania,
twenty-nine, instead of twenty-eight; New
York, thirty-four, instead of thirty-three;
In the straw bond star route cases the court
instructed the defense to confine themselves
to establishing the actual value of the land iv
Morgan county, Ky.
Wm, A Moxey, clerk of tbe Morgan county
court stated the land described was assessed at
from 50 cents to $t per acre. Tbe court ad
mitted 3ome bids presented by the prosecu
tion. Two weeks time was granted for filing
arguments in the Campbell-Cannon election
cause, Utah territory,
THE GIBBONS' MURDERERS.
Neal Found Guilty and Sentenced to be
Hanged— The Indictment or Crafts
Quashed on Technical Gronnde— New
Grand Jury Summoned,
Catlettsblrg, Ky., Jan. 24.— The jury in
the Neal's case retired at 9 o'clock this morn
ing, aud within seventeen minutes were back
in the court room and delivered a verdict of
guilty, fixing the penalty of death by hang
ing. The prisoner wore a haggard look, but
showed no other sign of emotion. It is
thought by those who know Neal best, that he
will weaken down and make a confession.
Craft's trial comes next. His counsel will
fight desperately for every possible legal delay.
They have moved to set the indictment aside,
because one of the jurors was not a house
holder. The court will investigate the validity
of this objection.
Ellis Croft was arraigned this afternoon.
Hl3 counsel moved to quash the indictment on
the ground that one of the jurors was not a
householder. After heariug the arguments
till late in the afternoon Judge Brown sus
tained tbe motion and immediately summoned
another grand jury. It will be interesting to
know how this will affect the cisc of Neal
who was convicted to-day upon an indictment
of that jury, one of whom was not a house
holder.
ALT. AROUND THE GLOBE.
The river at Nashville, Term, is retiring
slowly.
The senate has passed a bill for the relief of
Mrs. Abraham Lincoln.
It is reported that Judge Drummund, of the
U. S. court, Cihicago, will soo retire.
Dr. Levi D. Boone, mayor of Chicago in
2855-57, died yesterday morning, aged 73.
The public school at Hartford, Ct., burned
yesterday morning. Loss, $120,000; insur
ance, $70,000.
Ten or fifteen Princeton students have been
indicjed for malicious mischief in breaking
street lamps.
Ex-Gov. Taylor, of Wisconsin, obtained a
divorce from his wife yesterday on the ground
of desertion.
The Turbine wheel company's works at
Orange, Mass., burned last night. Loss,
$55,000; insurance, $22,003.
The report that smallpox cases is making
sad havoc, at Nashville, Term., especially
among the young children, is denied.
The appeal of the Peabody Loan and Build
ing association against John A. Houseman
late recorder of deeds of Philadelphia, has been
decided in favor of Hauseman.
Advices from Sonora say the compulsory
education law is being put in force, and the
attendance of children between 6 and 16 veara
io be enforced for six months in the year.
Fifteen new cases of smallpox were reported
inPitteburg, Pa., yesterday, and six in Al
leghanyCity. Twenty deaths occui red from
the disease in that city the past week.
Because of some doubt as to the legality of
the former election of United Btates Senators
Wilson and McDill, of lowa, both houses of
the legislature ratified their previous action
yesterday by another formal ballot.
The new Wabash railroad elevator at Twen
ty-third street, Chicago, capacity of a million
and a half bushels, which cost $400,000, was
opened for business yesterday. This makes the
storage room in the city Howards of 20,000 000
bushels.
It is officially announced the Chicago &
Eastern Illinois, Louisville & Nashville
Evansvllle & Terre Haute and the Chicago'
Evansville & Terre Haute will be formally
consolidated on May 1. The control of these
lines will then be vested in the Louisville &
Nashville. The Grand trunk to-day discon
tinued the sale of cut rate tickets to Michigan
and restored the old tariff.

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