Gambar halaman

there was no indication of the kind of delusion years, elected to public positions of trust and responor irresistible impulse which could denote genu. sibility, and who was, at the time of his death and for ine insanity. He was followed by several lay business manager of a national bank. Suppose a son

twelve years preceding, the cashier and virtually the witnesses, who testified to various transactions at the age of nineteen years, while pursuing studies and experiences showing the depraved character at a school preparatory to entering a State university, of the accused. Dr. Noble, of the Washington abandoning his studies at the solicitation of his father, jail, testified to the prisoner's conduct in jail, Oneida Community; suppose him to continue a mem

and entering into and becoming a member of thé and believed him to be perfectly sane. Gen- ber of that Community, conforming himself to the eral Reynolds, of Chicago, gave an account of regulations and practices of the community for a pean interview with the prisoner on the 14th of riod of five years, at one time leaving the Community July, at which the latter expressed his astonish- for a period of some months to visit New York and ment that his act was denounced by promi- Community and remaining the additional period of one

other places, and then voluntarily returning to the nent “stalwart” Republicans from whom he year, at the end of which time, becoming dissatisfied had expected protection. An attempt was with the labor there assigned him, he tinally withmade to show that the idea of inspiration origi- drew from the Community by the advice and with the nated after the prisoner found that there was pecuniary aid of a brother-in-law. Assume that after no hope that he would be shielded by the fac reflection on the subject in the Community he went

to New York city, contemplating the establishment of tion who, in his view, had benefited by his act. a daily journal to be called “The Theocrat," and to Among the witnesses was a Mrs. Dunmire, who be devoted to the dissemination of the peculiar relighad been married to the defendant, and had ious belief of that Community, but abandoned the obtained a divorce in 1874, on the ground of project without commencing its publication, for the

want of pecuniary assistance and encouragement. Asadultery. She had no reason to believe him sume that he studied law, was admitted to the bar, insane. The expert testimony as to what con and practiced his profession in Chicago and New stituted insanity was then resumed, the judge York, was married, and divorced by his own procureruling, in response to an objection by the de- ment; that growing interested in religious matters he fense, that there was no reason, while one wit. theological subjects, which he delivered in various

devoted himself to the preparation of lectures upon ness was testifying, for excluding the others parts of the country; that during the period of time from the court-room. Dr. Francis D. Loring, when he was thus engaged he visited the home of a of Washington, and Dr. Allan McLane Hamil- sister; that while there his sister said he raised an axe ton, of New York, were examined on the 16th that the family physician summoned by her, after an

as though he would strike her, which he denied, and of December. The proceedings were inter- examination in which he could find neither illusion, rupted from that date until the 21st on account hallucination, delusions, nor disturbance of the intelof the death of the wife of a juror, who was lectual or perceptional force, said he was insane “ bepermitted to go home for three days under an cause of exaltation of the emotions and explosions of injunction to himself and his associates to hold he was the subject of an intense pseudo-religious feel

emotional feeling, also excessive egotism,' and that no communication with other persons in re- ing, and advised that he be taken to an insane asylum, gard to the trial. In this interval a cast of the which advice was not followed, and he was not then prisoner's head was made by Mr. Theodore A. or at any subsequent time confined in a lunatic asyMills, assisted by his father, Clark Mills, which lum, and that this statement was without any eviit was the intention of the defense to introducedence except that of the sister and the physician here

Assume that after this he again traveled as evidence. The measurement of the head, about the country, delivering his lectures and selling according to a statement of Mr. Mills, was 231 printed copies of the same, but that the views coninches in circumference, “self-esteem 6), firm- tained in these lectures not meeting the concurrenco ness 67.” The development of the left side pecuniary success and abandoned that enterprise. As

of his audience and popular favor, he did not derive was said to be normal, while the right was sume that during a presidential political campaign he almost flat.

associated himself with the National Republican ComDr. Hamilton's testimony was continued on mittee and prepared a speech which was delivered the 21st of December; and Dr. Worcester, who but once, the reason assigned by him being that he had been originally summoned for the defense, that the members of the National Committee thought

was not sufficiently prominent to attract the attention was called by the prosecution. The facts as necessary in that campaign. Assume that at the close sumed by that side, as established by evidence, of the campaign he asked General Garfield by letter were summed up in the following hypothetical for the position of Minister to Austria. Assume that, question addressed to the witness:

after the inauguration of President Garfield, this man

came to the city of Washington, D. C., and again First hypothesis : Assume a man forty years of age, made application for the Austrian mission, but learnin good health, who has always enjoyed good health, ing that another person had been appointed to this and who had never been seriously ill during the place withdrew his application for it and applied for whole of his life, but that for some time previous to the position of Consul to Paris, for which place he his birth his mother was an invalid ; that one pater- pressed his application with great persistence, but not nal uncle was an inmate of an insane asylum and died more than is usual with many persons asking for there, the alleged cause of the insanity being disap- similar positions ; that he earnestly and persistently pointed affection and mortification after fighting a followed up his application for this place by verbal sham duel; that another uncle was of dissipated and and written requests, having no special claims for the dissolute habits, and two first-cousins were of unsound position except his own idea of the value of his servmind; that he was brought up under the care of his ices to the party in the presidential campaign, and father, who was a man of earnest religious belief, and having no recommendation signed by any prominent who enjoyed a high character for honesty, integrity, politician for the place, his only recommendation beuprightness, candor, and excellent business qualifica- ing that of one Charles H. Reed, of Chicago, who had tions, and who was, from time to time, for many signed his application for that office. Assume that he

VOL. XXI.-25 A

was told by Secretary Blaine, some time about the hended fury of the populace; that he was intercepted middle of May, in decided terms never to speak to by an officer wbile endeavoring to reach his carriage ; him again about the Paris consulship as long as he that he had written a letter to General Sherman, lived; that persisting in his application he said to Mr. which was in his hand when intercepted by the officer, Blaine, “I will see the President, and ask him to re- and which, he said, he was anxious to reach the gene move Mr. Walker," the then incumbent, and that he eral at once, and which was found to contain a deunderstood Mr. Blaine to reply, “Well, if Sewell will mand for troops to protect him from mob violence, indorse your application I have no objection to you which he greatly feared. Assume that some time in having the place”; and that he inferred from this the month of June, 1881, he wrote a letter in which answer that it President Garfield would remove Mr. he uses this language : "I have just shot the PresiWalker, Mr. Blaine would not object to giving him dent; his death was a political necessity, because he the position; that he then applied to President Gar- proved a traitor to the men who made bím, and therefield to give him the Paris consulship, and made ap- by imperiled the life of the republic”; that in anpeals to prominent politicians in Washington to aid other letter, dated June 20, 1881, he used the followbim in this enterprise, and believed that they in- ing language: “ The President's nomination was an tended theinselves to help him to forward his applica- act of God, his election was an act of God, his removal tion; that he finally thought he would have the mat- is an act of God"; that in a document addressed ter about the Paris consulship settled one way or the “ To the American People," and dated as early as June other, and addressed a note to the President in which 16, 1881, he used this language: “I conceived the he said, among other things, “ Can I have the Paris idea of removing the President four weeks ago. I consulship?” that he was informed, as he had been conceived the idea myself and kept it to myself"; before repeatedly, that "the President could not see that in the same document he says, “ In the Presihim to-day.”. Assume that four days after his alleged dent's madness he has wrecked the once grand old conception of the idea of removing the President he Republican party, and for this he dies.” And again : wrote to the President; that he dwelt upon this sub- “ This is not murder; it is a political necessity." Asject for two weeks, and at the end of this time, on or sume that he now claims that on several occasions about June 6, 1881, he inquired of a dealer in guns during his life he has claimed to be inspired-once in and pistols for the largest caliber, strongest force, and connection with his entering the Oneida Community; most accurate pistol made; that'two days thereafter once preceding his attempt to establish “ The Theo he returned and purchased that pistol, having in the crat”; once in connection with the writing of his mean time borrowed money to pay for it; that after lectures and his book, " The Truth," and that subsepurchasing the pistol ho inquired as to where he quent to the attempt to procure office, and some time might practice with it; was informed that he could after the shooting of the President, while in confinepractice with it outside the city limits, and went out- ment in jail and awaiting trial, he said that he was side the limits on three occasions, firing ten shots each inspired by the Deity to do that act, and said that the time and hit the mark; that he followed the Presi- idea came to him one night about the 18th of May, dent from time to time for the purpose of shooting which was about five days after the interview with him-once to a church, which he examined for the Secretary Blaine about the Paris consulship, in which purpose of shooting the President through a window, he was told by Secretary Blaine never to speak to once to a depot, but the sight of a sick wife clinging him about the Paris consulship again, and after again to the President's arm prevented him from shooting visiting the White House and being refused admishim then, and once followed him to the house of a sion, that he struggled against the idea, but that be friend, and while the President was in the house con- finally worked himself up to it and nerved himself to cealed' himself in an alley where he examined his do the shooting. Assume that for years previous to pistol, intending to shoot him when he came out; the shooting he procured a precarious living, often but when he did come out he was accompanied by his leaving his board-bills unpaid, borrowing money and friend, and they walked arm in arm closely together, going from place to place on the railroads, evading, so that he could not shoot him then; that finally, on when he could, the payment of the usual railroad fare; the 2d day of July, 1881, he arose in the morning, that on two or three occasions he was arrested for not took his pistol and took a walk in the park, then took paying his board-bills, and that he was once arrested breakfast, went to a depot, where he was informed by and placed in the Tombs in New York city, and was the newspapers, and had ascertained, the President once confined in jail in the city of Chicago for retainwould be at about the hour of nine o'clock in the ing money collected by him which did not belong to morning, and that going there before this hour he him. Assume that under oath, as a witness in his waited for the President, and before his arrival left own behalf on trial for murder, he said he felt rea bundle of papers at the news-stand addressed to morse so far as his personal feelings were concerned, Byron Andrews and his co-correspondents of news and regretted the necessity for the act, but said he papers ; that he went into a water-closet, took out claimed that his duty to the Lord and to the Amerihis pistol and examined it ; that he went outside the can people overcame his personal feelings and perdepot, had his boots blacked and inquired for a hack- sonal regrets as to the act. man whose services he had engaged two weeks pre Second hypothesis : Suppose that in addition to vious, but, he not being there, he engaged another the foregoing it is shown that this man went from hackman, agreeing with him for a stipulated price, place to place leaving unpaid board-bills behind him; conditioned that he should drive rapidly in the direc- that he borrowed money on false representations, tion of the Congressional Cemetery, which was near using the names of prominent men as references withthe jail ; that he saw the President arrive at the depot out their knowledge or consent to secure the money ; in à carriage with a friend, which he recognized as that he abandoned his practice of the profession of the carriage of the friend and not the carriage of the law, as he said it did not pay, and went to lecturing President; that he saw him in earnest conversation on theological subjects in imitation of prominent with his friends and waited until the President evangelists who, he said, had made money ; that while alighted from the carriage and walked into the depot he was professing religion and a church-member he a few feet; then, approaching the President from be was guilty of deception and lasciviousness; that in hind in a manner which did not attract the Presi- the character of a Christian gentleman he traveled dent's attention, when within a few feet of the Presi- through the country borrowing money and contractdent aimed the pistol at the hollow of his back and ing indebtedness for his personal support, which he fired upon him twice, intending to kill him, and in seldom if ever paid, though profuse in promises, evaAicting a mortal wound. Assume that after the shoot- sions, and misrepresentations; that he published a ing he made an effort to reach the carriage he had book called “ Truth,” a large part of which was stolen previously engaged, with a view to get to the jail as from a book published many years before, called " The rapidly as possible, and thereby avoid the appre- Berean"; that he represented and sold this book

“Truth” as his own literary production and ideas; followed the President from place to place, seeking that, failing in this, he returned to the practice of law the opportunity to shoot him; and finally, learning and collected money for clients, which he retained; that the President was to go to Long Branch on a that he associated himself with the Young Men's certain day, he went to the railway-station to waylay Christian Association, had his letters addressed in him, and there, stealthily approaching him from botheir care, and used his relations with them as a pass- hind, treacherously murdered him by shooting him port to secure confidence, which he grossly abused; in the back; that, arrested and charged with this that he fraudulently obtained money by burnishing crime, he justitied 'it as a patriotic act and claimed an oroide watch and passing it off for gold, and that it was a political necessity, and that the Presiboasted of it; that he declared that he would secure dent was guilty of the blackest ingratitude by going notoriety by good or evil, even if he had to kill some back on the men who made him; that by removing prominent man and imitate Wilkes Booth; that as the President he took but the life of one man, which far back as 1872 he took part in the Greeley cam cemented the Republican party and prevented anpaign, declaring that he expected by so doing to se other war which might have cost thousands of lives, cure the Chilian mission; that in order to procure a as our last war did, and that the prominent men condivorce from his wife, who had labored for him and nected with the Republican party whom he supposed sent money to him for his support, although he was would be benefited by his crime would protect him at the time a lawyer and officer of the court, he yet from the consequences of his act; that when he learned deliberately, in accordance with his own statement, that these men had expressed their abhorrence of his committed adultery with a prostitute, and appeared as crime he appeared to be struck dumb" and in a witness against himself in the divorce proceedings great mental agony," and after collecting himself by which a decree of divorce was granted against he repeatedly used the words, “ Most astounding!” him; that during his married life, while a member and exclaimed: * What does it mean? I would have of the church and professing religion and engaging in staked my life that they would defend me," and again the public exercises of the church with which he was repeated the words Most astounding,” and that connected, he got his wife to borrow money from the shortly thereafter he, for the first time, used the pastor, and afterward was accused of immoral con- words or expressed the idea of "inspiration” in reduct and vicious and dishonest practices, and in ad- ferring to his crime; and that only since that time dition to having a loathsome disease he admitted the has he claimed “inspiration" as å defense for the truth of the accusation ; that he went again into poli- murder. Assuming all these propositions to be true, tics, because neither the law nor theology would pay; I will ask you to state whether in your opinion thé that he used each and all the schemes he undertook, person was sane or insane at the time of shooting which have been presented as evidences of his in- President Garfield ? sanity, for the purpose of dishonestly obtaining money ; that during the political campaigu of 1880 The reply of the witness was that, in his he wrote a speech which was delivered but once; that opinion, the prisoner was sane. When asked on this speech and his so-called services in the cam on cross-examination what had changed his paign he claimed and asked for an important foreign opinion as to the sanity or insanity of the ton; that immediately before coming to Washington prisoner, Dr. Worcester replied: "Mainly his he was getting a precarious subsistence in New York own testimony, and my interview with him in by soliciting life insurance ; that in order to get to the jail, supported by the evidence which I Washington he borrowed ten dollars, and arrived in heard." On the following day, Dr. Theodore Washington without funds; that he stopped at the Ebbett House one day, and 'left without paying his Damon, of Auburn, New York, was examined, bill; that he went from one boarding house to an and, in response to the hypothetical question other in Washington, leaving the board-bills unpaid and other inquiries, expressed the opinion that in each, and falsely representing that he was expect the prisoner was sane. "On the 23d Ňr. Charles ing money and would soon pay; that he borrowed H. Reed, of Chicago, joined the counsel for the fifteen dollars from a friend, stating that he wanted defense, in spite of some criticism on the part chase a pistol with which to shoot the President of of the prosecution, Judge Cox stating that he the United States; that he boarded at a respectable saw no impropriety in his doing so, notwithhouse in the city of Washington for more than five standing the fact that he had been a witness in weeks, leaving it only two days before the shooting, the case. and only then because the landlady demanded pay

The same day two more expert ment for board, which he promised to pay in a few witnesses—Dr. S. H. Taicott, of Middletown, days, but which was never paid ; that during this New York, and Dr. Henry P. Stearns, of Harttime he was on friendly, relations with his fellow- ford, Connecticut—were exanined, and conboarders, conversing with them daily at the table firmed the view that the prisoner was sane. upon religious and general topics, attending church, The same line of evidence was continued on reporting and discussing sermons with the pastor, as well as the revision of the New Testament, and the the 24th, by Dr. Jamin Strong, of Cleveland, situation as represented by the senatorial contest at Ohio; Dr. Abram M. Shaw, of Middletown, Albany, and exhibiting nothing unusual in his man- Connecticut; and Dr. Orpheus Evarts, of Colners, conduct, or conversation; that while stopping at lege Hill, Ohio. Ad adjournment was taken this house he followed the President on at least two occasions for the purpose of shooting him, once watch- to December 27th, and on that day Dr. A. E. ing him from Latayette Park, but seeing him ride out Macdonald, of New York, was examined. His with several friends desisted from shooting him; that opinion was that the prisoner was sane, and once he followed him to the depot, but seeing a sick had been playing a part in support of the theory wife leaning on his arm refrained from shooting on that occasion, and that during all this time he never

of insanity. mentioned the subject of inspiration, or that he had The prisoner had for some days indulged in any extraordinary relation with the Deity, or had any constant interruptions, not only contradicting divine commission to perform ; that he went to the witnesses and criticising counsel, but denouncRiggs House the day before the shooting, and left that ing both with opprobrious epithets. On the board-bill unpaid ; that, failing to secure the offices he sought, and disappointed in the expectations which 28th of December, during the further examinahe had frequently said he confidently entertained, he tion of experts, Drs. Randolph Barksdale, of

Richmond, Virginia, and John H. Callender, Kempster, of Winnebago, Wisconsin, was erof Nashville, Tennessee, having followed Dr. amined December 29th and 30th, and the last Macdonald, a motion was made by Mr. Porter expert witness for the prosecution, Dr. John that the prisoner be removed from the coun- P. Gray, of Utica, New York, on the 30th and sel-table, where he had thus far sat, and placed 31st. With regard to Dr. Gray's testimony, it in the dock. After this had been argued with was publicly stated that he was called to Washconsiderable warmth on both sides, the judge ington by the Government to make a thorough decided to remand the prisoner to the dock. examination of the prisoner's condition, with It was hardly necessary to say, he remarked, a view to ascertaining whether there was real that the conduct of the prisoner had been in ground for the plea of insanity. If such should persistent violation of order and decorum. In be the case, the Government preferred to have the beginning, the only methods which could it substantiated, regarding it better as a matter be resorted to to suppress this disorder were of policy to have the accused shown to be a such as must infringe the constitutional rights lunatic, and sent to an asylum, than to have of the prisoner, and that was conclusive argu- bim convicted. Dr. Gray made a thorough exment against them. Until Saturday the 25th amination of the man in jail, and attended the no other method had been proposed. Then this trial from the opening day, and, against his inproposition (which he had already had in mind) clination, and the preference of the prosecuting was submitted. It had hitherto been an im- authorities, was forced to the conclusion that pression shared by the court and counsel, that he was entirely sane. His testimony related the prisoner's conduct and language in court to his study of the case, the various phases of would afford the best indication of his mental insanity, and the grounds of the conclusion at and moral character, and contribute largely to which he had arrived. His evidence, which the enlightenment of court and jury on the was finished on the 3d of January, concluded question of his responsibility. It was therefore the testimony for the prosecution. The deon the express desire of the District Attorney fense introduced some unimportant evidence that the court had allowed such latitude of con- in surrebnttal, that of the sculptor in regard to duct, in order to furnish the experts an oppor- the cast of the prisoner's head being, however, tunity of diagnosing the prisoner's case. As it excluded by the court, and applied for the now appeared, the opinions of the experts had privilege of bringing in new evidence. After been largely founded on the exhibitions which argument, this was denied by Judge Cox. He had taken place on the trial, and, if they had said: contributed to enable those experts to reach That if any new fact were developed now that struck their conclusions, it would be a complete vin- his mind os having an important bearing on the dedication of the view of the District Attorney fense or as necessary to a fair presentation of the case, as to the proper course to be pursued. At this he would deem it his duty (notwithstanding that the stage of the trial, however, this object seemed testimony for the defense was formally closed) to al

low that fact to be given in evidence. Part of the to have been accomplished. The trial was now

testimony now proposed to be introduced was offered approaching its close. The experts had had in the character of surrebutting testimony and part ample opportunity to make up their judgments not. The first was the opinion of a medical expert as and pronounce them before court and jury. stood the law and practice to be simply this: The law

to the condition of the prisoner's mind. He underIt was incumbent on the court now to impose presumed sanity, and the first affirmative testimony such restraint as the circumstances of the case on that issue had to come from the defense. Expert admitted, and which would conduce to the testimony was a part of the evidence in chief for the orderly conduct of the case. The prisoner had defense on that issue, and all the expert testimony on a right to hear the testimony of witnesses.

which the defense relied must be offered in chief.

Part of it could not be reserved to be offered by way He could not be gagged or sent out of court. of surrebutting testimony. After that testimony was The proper place for a prisoner on trial for in, it then became the duty and the right of the prosefelony was the dock. He could only come cution to offer vidence on the general question of inwithin the bar to be arraigned and to receive sanity. The prosecution was not confined to the mere sentence. If the court granted him the privi- go at length into the question and offer independent

contradiction of witnesses for the defense, but it might lege of sitting beside his counsel, it was a privi- and affirmative proof on that question. A part of that lege which could be withdrawn summarily. testimony was that of medical experts. That testiWhile the prisoner had the undoubted right to mony was not offered strictly in contradiction of the act as his own counsel or to appear by counsel, opinion was not a contradiction of another man's opinhe could not exercise both rights simultane- ion, but it was offered as independent testimony. ously. Having accepted counsel, the prisoner When this testimony was closed on the part of the had waived his right to appear as such in per- Government, then the defense was restricted to a conson. On the consideration of all the circum- tradiction of facts that may have been testified to on stances the court thought that the motion would tradict an expert on the part of the prosecution by the

the part of the prosecution. It was not allowed to conhave to be granted, and that the prisoner should testimony of another expert who had a different opinbe placed in the dock, but he did not mean that ion. If that was allowed, there would be no end to the prisoner should be exposed to any danger. the trial. It would run 'on to rejoinder and surreHe should have the fullest protection.

joinder, and to all the innumerable issues which the

ingenuity of counsel might devise; so that the priviThe change, however, did not put a stop to lege of producing expert testimony was limited to the the interruptions of the prisoner. Dr. Walter evidence in chief for the defense, and to the evideco

in chief for the prosecution. He therefore thought which drove me on the President. The prosecution that the testimony of Dr. McFarland could not be re wanted to show that it was because I was a disapceived on the question of the prisoner's sanity. pointed office-seeker. I was not a disappointed ot

The offer was also made to prove that immediately fice-seeker, and I would not have taken the Paris conafter the assassination the prisoner claimed to have sulship after the 1st of June. Under the circumacted under inspiration. When the prisoner was on stances, therefore, I have a right to show that, on the the stand as a witness he testified that he had com day of the shooting, I told McElfresh that the cause mitted this act under what he called, indifferently, was the political situation, and that without the politinspiration or pressure. To rebut that testimony the ical situation the President would not have been reprosecution had put on the stand Mr. Reynolds, who moved-and he would not have been removed, any testified that he had an interview with the prisoner way, if the Lord had not crowded me into it. two weeks after the assassination, and that in that in Judge Cox (getting a chance to finish his ruling) terview the prisoner did not claim to have acted un said that if he had an affidavit as to what McElfresh der inspiration, but assigned, exclusively, political mo would testify to he might be able to decide more sattives. "It was not the object of the Government to isfactorily, but that at present it seemed to him too prove that he did not claim inspiration, but simply to vague. He thought, however, that the testimony, as ask the jury to infer that the prisoner never did claim to the claim of inspiration, made on the day of the this inspiration until several weeks after the assassi- assassination or on the day after, was admissible as nation, and after he had discovered that these men, rebutting testimony. whom he supposed he was benefiting by his deed, had repudiated it and were denouncing him. The hypo The evidence was completed on the 4th of thetical case, put by the prosecution to the experts, January, and the prosecution, through Mr. Daassumed that no claim of having acted under inspira- vidge, presented the following requests to the tion was made by the prisoner until two weeks after- court for rulings on the law points involved : ward and up to the time of this interview of Mr. Reynolds with him. It would be an answer to that to 1. The legal test of responsibility where insanity is show that on the very day of the assassination the set up as a defense for the alleged crime is whether prisoner did claim inspiration. As surrebutting tes the accused, at the time of committing the act alleged, timony that evidence ought to be received. It struck knew the difference between right and wrong in rehim as strictly surrebutting testimony. As to the spect of such act. Hence, in the present case, if the other testimony offered, which was not in reply to accused, at the time of committing the act charged, anything on the part of the Government, the common

knew the difference between right and wrong in relaw practice was that the Government should summon spect of such act--that is, if he knew what he was all the witnesses whose names were indorsed on the doing, and that what he was doing was ontrary to the indictment, and it was really incumbent on the Gov- law of the land-he is responsible. ernment, as a matter of fairness, to summon all the 2. If the accused knew what he was doing, and that witnesses who had been present at the transaction and what he was doing was contrary to the law of the land, had seen it. The Government was not bound, how- it constitutes no defense, even if it were true, that when ever, to examine all the witnesses so summoned; but he committed the act he really believed that he was as soon as the case for the Government was closed therebyproducing a public benefit, or carrying out an those witnesses were at the disposal of the defense. inspiration of divine origin or approval. Such belief The proper time for the defense to call upon them was would not afford any excuse, nor would such excuse be when the rebutting testimony was in course of pres- afforded by the fact that, in the commission of the act, entation. In this case the defense had occupied two he was impelled by a depraved moral sense, whether weeks in the presentation of its rebutting testimony,

innate or acquired, or by evil passion or indifference and it was at that time that, strictly speaking, this

to moral obligation. evidence should have been offered, it offered at all. 3. Insanity would, however, constitute a defense if,

The next question was, what consideration should by reason of disease, the accused, at the time of cominfluence the court in allowing additional evidence mitting the act charged, did not know what he was which might have been produced if known at the doing, or, if he did know it, that what he was doing proper time. Such evidence ought not to be admitted was contrary to law. if it was purely cumulative. For example, the men

4. The only evidence in the present case tending to tal condition of Luther W. Guiteau had been so thor- show an irresistible impulse to commit the homicide oughly canvassed on both sides that anything more

is the claim of the accused that his free agency was dein addition to that seemed purely and exclusively cu- stroyed by his alleged conviction that the death of the mulative. Besides, it was not a direct fact in issue, President was required for the good of the American but a somewhat collateral issue. The proof of Luther people, and was divinely inspired; but such convicW. Guiteau's insanity did not prove that of the pris- tion, even if it really existed, could not afford any exoner. It did nothing more than merely tend to cor cuse, when the party knew what he was doing, and roborate the direct testimony on that point. He did that it was contrary to law. No mere delusion or error not think that it ought to be admitted. As to the of judgment, not even a fixed belief that what is proproposition to offer witnesses who had seen the pris- hibited by the law is commanded or approved by oner in a public park a few days before the assassina- divine authority, can exempt the accused from retion, and had gathered from his couduct the impres- sponsibility for breaking the law. To have such effect, sion that he was out of his mind, such testimony was

the commission of the act charged must have been the of a very, vague and uncertain character, and he did result of an insane delusion, which was the product of not think it sufficiently definite to warrant him in disease, and of such force as to deprive the accused of opening the case again. The only thing that he felt the degree of reason necessary to distinguish between any uncertainty about was in reference to the testi- right and wrong in respect of the act, so that at the mony of detective McElfresh, who conducted the pris- time of committing the act he either did not know oner to the jail immediately after the occurrence. He what he was doing, or if he did, that the act was wrong would like more definite information as to what McEl or contrary to the law of the land. fresh could prove. The prisoner: I had a talk with McElfresh going the defense time to prepare their requests,

The court adjourned until the 7th, to allow in a carriage to the jail. He wanted to know why did it. I said it was on account of the political situa- which were as follows: tion. I said, “ Are you a stalwart? and he said 1. The legal test of responsibility, when insanity is “ Yes." He said, “There are a great many people set up as a defense for alleged crime, is not merely who feel just like you in regard to the Republican whether the accused knew at the time what he was party.” The point was, it was the political situation doing, and that the act was contrary to law, for an ir

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