The Weekly Star,
" PUBLISHED AT '
W ( L M I N OT p N
SI .lo A YEAR,! IN ADVANCE.
i 8SISSSSSSS?SSS3S
SSEisiiiliiiiills
O'OO'OOOOOOOOCOO
i ' ' " 5 5553SSSSSSS8SSSS
i 5Kgggs8gSSi81SSS
1 SsSSSSSSSSSSSlSSS
-V,.V f at'eoao i-jooo jje wjojowggggj gf
I I I jsooneoooooooooog
S
W
: M
M
V
as
z
M
'
M
B
a
m
ji .: .. - . .
a !.. --.
Enter
t
at the Post Office at Wilmington, N. C,
as Second Class Matter. , . -
sxtisscription price.
The
subscri6tion price of the Wkeki-y
.rn
; Single!
Copy I year, postage paid.
$1.50
.1.00
.50
" v . 6 months,
" 3 months,
THE SIXTH DISTRICT.
The fight nowLgoing on in Wash-
inrtarr over the internal revenue col-
: lectofsliip of the; Sixth ; District of
North Carolina has some interest to
. a . . . . - . . -
the cpuntry as well : as to the people
of tH
nt section. It is revealed that
therd
is -real corruption in the man-
agenlent of the office, if we may form
. . .....
an opinion from the statement that it
eostil $270,000 to collect $500,000.
Howl could this he if all the officials
connected with , the , revenue-service
"I-'" -: 1 i . - --- --
in the Sixth District had clean hands?
It isfhiffhly important that a change
should be .made in. the collector. The
contest is between Tom Cooper,: the
big flistiller, and
-fit? 0-. ' m
iex-oiaie xreasurer
Uavjd A. Jenkins
We can say this,
that Mr. Jenkins
bore a good name
onesty
while he -was - in office
he retired leaving:.
as far as we
evr heard, an excellent. record. .We
ild, therefore,' suppose -that the
people ot tnat district iwouia much
tpr(fer'him to the distiller.
lie New - York Times, Repnbli-
cai
vnf oiiin Jrk.
the manner of ad-
mipistering 5 the
collectorship m the
Sijtb District, says: . ; j
To 'spend'dtCKKr'a yjjair'foT'the obi-
lecfioa of SoOO.OOQ lis, fortunately, a rare
illilstration of the iiMJom Defence op corriiD-
tioa of internal revbnue administration1, but
it il scandalous enough to require a prompt
nna raaicai remeny. j i
It is very scandalous,' and the re
cords of the office! onsrht to be over
haaled severely.. Such unfaithful
ness is a reproach to the Republican
palry. The necessity of refonn,rad-
icaj and speedy,! is apparent, and. no
man should be appointed in- place of
Molt unless he
aii untainted.
has a character high
It
costs
almost as
mneh in proportion to the amonnt
t
to 1 collect the 1 internal revenue
in North
Carolina as
it does to col-
lectlthe tax under the 'tariff at some
oto
ports. Both are j extravagant
and iostly. : .Both, need the pruning
'knife. : The Times says:
"It?,is argued that fls all this scrambling
lor patronage. Vituoxu reterence to inc. in
terestlof tlic government or the rights oi
thepiple, wold cease, with the abolition
of theinternal revenue system, its existence
is ano.ner argument lntavor oT that step.
. As thd same line !pf argument would lead
to theil)olitioTi; of all Government service
whateter, it may She stnrgested that the
emancipation of puhlic employes from po
litical Kontroi may pe enected vniiumt re-
liecinggchukei and tobacco ff-am taxation.".
There ', is much corruption in the
Sixth J District, and, therefore,
must abolish the whole internal
yon
rev-
enne system in the
United States.
There! is much extravagance in the
custom house system in North Car
olina,! an" therefore, you must get
rid of i the system' every where. Logic,
that! I
A 8ad Case of AMnetlon.
Thai is a sad case of abduction of Mr. L.
Cartwright and Wife,
Columbus couniv.
living near Whitevifle,
who had their little
daughter taken Worn them the latter part of
December last. It seems a man bv the name
of Wheeler had been at work for Mr. Cart-
wright who had taken the man in more out
t ,ot DUh?nr mA.A!
so before Christmas the man suddenly dis
appeared, and with him the little child, nei-
! ther of whom have since been heard from.;
As soon as the child was missed Mr. Cart-
i . i
wright started out to look for it and its ab
ductor, armed with a shot-gun. xHe visited
this. Icity. and numerous i "other points,-
also ; traversing tne swanms which are
I traversing
between here
and ! Whiteville. ". but ' has
nevetljeen able
: to come up with the miss-
ing couple, and
in the .meantime he has
reached a state
bordering ' on distraction,!
andj his poor wife is said to have partially,
lost :;ner minai ironi brooding over her
; trouble. - The Utile girl answers to the
: name oi manic, is i a little over iu years
. old, ana nas long. aarK nair and a some-
' what red face, i Her alxlnftrtr a nhrmt. 21
years of age and has his name tatooed on
. his arm, together witn various devices.
1.- .
Forelstt Sblpmenta. '
-The Russian barque . Ravma. Captain
Gronblom, was cleared from this port for
Bremen. Gcrmanv. vesterdav. by Mr. A. D.
Cazaux. arent for Messrs. Russell & Potter,
with 850 bales of cotton, weighing 387,336
pounds, and valued at f46750.
forli
-1
and!
if
1
woi
VOL. XIII.
. THE JUST JUDGE. 1
The Philadelphia Record devotes
an i elaborate " editorial to " Judge
Brooks. It has a singularly correct
view oi tne condition ot anairs in
North Carolina during the Holden
regime and the exploits of the infa
mous f Kirk. ; We have copied so
much : concerning: the excellent gen
tleman: and'pure jurist deceased re
cently that we can only make room
for the following, that shows that
the -Pearson , and. . Holden matter is
well understood in Philadelphia. i It
gives some information; besides. It
says: .
"Wim no pretensions to unusual' elo
quence or learning m-Jus : proiession, ne .
was Known as a quiet ana : moaesi genue-
man, caretul, conscienuous ana uisereet,
and of estimable jwrate4aaraeter. -Wi-
,When Chief JusUce Pearson; of the Su-
preme uonrt oi jxortn , wasoima, naa seen
his writs of habeas corpus contemptuously
torn ; up and used .for, gun warding, and
had despan-mgly declared that his powers
were 'exhausted', General Ransom, now a
United , States Senator, . visited Judge
Brooks with a faint .hope that he might
be f able to intervene" in behalf of Kirk's
prisoners. '' Under the Judiciary., act i of.
17au tliere was no autnomy ior a eaerai
Judse to take anv iurisdiction in the. mat
ter, : As it fortunately happened, however, .
Congress had in 1867 enacted a statute witn
the intent to enforce the ' Fourteenth
Amendment " so as : to control the action of
the Stat Courts in cases where the freed
men were concerned. This statute so en
larged the powers of the United States
Judges as to make it their duty; to issue the
writ of habea carpus - whenever .. it was
formally and properly alleged that a person
was 'held in violation , of . the Constitution
and laws of the United States.7" i ,
Judge Brooks responded promptly
to the call made upon him and the
result is known to all North Caroli
nians. Judge isrooks was not as oia
as reported neretoiore. ne was
born in Elizabeth City, on 'the 16th
of March, 1821, so he was in his 61st
year. ; In . 1850 " he r. married Miss
Margaret CostenA and he leaves five
children to her motherly .care and de
votion. The able editor of the Econ
omist, published where Judge Brooks
was born and died, says of him: i
"Physically and morally he shrank from
no danger or responsibttity, , We have never
known, a roan -wno was more inorougniy
brave or of more inflexible mtejjnty. lie
was a conspicuous representative of that
type of men, now; alas! so rare, ; who are
'inflexible to ill and obstinately just.'; As
to ; him; that noble quality was unques
tioned and unquestionable. Judge Brooks
was not always in accord with the popular
sentiment of the community in . which he
lived,, nor with the., friends with whom he
-was intimate, hut no man ever questioned
the honesty or sincerity of his convictions."
We again ' urge - that the grateful
and , appreciative people " of North
Carolina take steps at pnee to raise a
sufficient fund to erect a: fitting mon-
rfnient to his memory in capitol
square, Raleigh. Let the incorrupti
ble and the just Judge be remem
bered. - , ? -
Not " Tle Mtktkon9.n
The Hon..A. Waddell prints the fol
lowing card in the Daily Review of yester
day afternoon: ... ; A i: .
Josh. T. James', Esq., Editor of the Daily
Review: i , . r . i
Dear Sik ; I , have received your note
of this date, and thank you : for its direct
! ness and candor, ' .While kindly I disbeliev
ing it, you ask if I am, what "rumor'' sas
in the, Raleigh J&tc and Gbterner, what is
'called th "coming Jtlahone'of Iforth Caro
lina." 1 might answer in a monosyllable,
but -1 prefer, .firak to ,inauire,iKhat this
phrase means. V Mr, Jlahone was elected a
, Senator from- "Virginia by a Democratic
.Legislature, andi after voting,with the. ,14e
' publicans in the organization of the .Senate,
organized , a ' campaign, in; yh-gmia on. the
question of readjusting 'the state aeot,
which lesulted inthe defeat of the Demo
cratic . party in-that StateL .There are hut
two parties in the country, the Republican
ana . me jjemperauc parue& vmue x
believe : t&at ;:in jthei contest in ;Vlrginia
there was room, for ; argument, and while
I know that .the Governor-elect is a .gentle
man of .remarkable talents, of unUemished
character : and unquestioned , courage, , it
would be trifling to deny that the victory
was a Keouoncan tnumpn.. , to .oe; , rm&
3fahohe of .North Carolina.', therefore,, is.
as I understand; it, tp he the Organizer and
.leader ox a movement, py which the . state
his. to be turned : over , to tne itepiiDUcan
'party; and the question put to me, there
fore, is. whether 1 propose to do this, thing.
What have 1 ever said or done since l entered
c public life to justifyf such, an. inquiry ! 4
once, had a proposition made to me, when
I the, Republican party was . omhipotenL in
.its gift, and decuned .it, (. 1 subsequently
toot a - nomination rtrom tne iemocrauc
'party when, its banner was hi the dust, . and
when,' in this district, .tiiere was "noneao
poor to do, it; reverence' and.fpreight
vears carried that banner to victbrv bv ever
f . Ti. - t nci ' l: : - i
mcreamng luajuriues. j xu xoo uie fcpre-;
sentation from this district was transierred, ;
by , no jaua . oT r mine to - otner nanos, ; and
since then, excepting five months ot
wor& lor naucociL, in ioou, j, nave, oecu a
verv - Drivate citizen, trvine - to make.' an
honest living. -2fbw, the. occupiers of the
anxious bench are exercised about the new
deal, and "feelers" are put out in the news
DaDers. to ascertain the Dosiiion of others.
As far as I am concerned they need not be
disturbed. Ihave been toId thatXam too can
did for a politician. - The - charge may be
true.' At anv rate I will run the risk of
iustifving it bv saving". that I have fre-
I; ouentiv criticized ., the , management of, the
jemocrauc pany, anu.wui prooauiy up n
again; hut that when I want to . sever my:
connection with it 1 will do it URe a man,
and not., under false pretences. . v I'believe
that the .best, interests of the people of
North Carolina will be served by the reten
tion of that .party in power, and when I
change this opinion the first knowledge the
people will have of it will come from me, and
not from anonymous newspaper correspon-'
J" , , f , ; ,Jpm t ; ,
' ; E." Ihnianaii.Qlothier, ;at Memphis;
Tenn.g assigned yesterday; Iiabilitie10,4
000 ; assets $5,000.
. ;: V.. V , II A H VIJL W JI' Tl.:
; WILMINGTON,
FROM WASHINGTON.' ,
Nortb Carolina Polities at th National
Capitol. 7 v ,
? We have information direct from Wash"
ngton, to the effect that the excitement and.
war over the several appointments in . dis
pute in this State has been temporarily ;
quieted, though the fight over the Collec- i
torship in the 6th District and over- the ap
pointment of Judge-Brooks' successor is by
no means ended. - It is generally' under-:
stood that there will be a' protracted Strug-,-
gle over the appointment of a U- S. Dis-f
trict Judge, button iaskiAiew of .the situa
tion as thus 'laTdeyeiopea'-piaceS ' judge
itusseu aay-afteaa, w,ua Juagejwauui
and Judge Seypbur .teell in frpnt of all.
other applicants. ; ' Judge Seymour' is 'said,
to have-the almost unanimous ' support of
the Democrats. -The flight oyer the Collec-;
torship -of Internal Revenue; in the 4th Dis- r
trict is very bitter and . fi!teely waged, ;
hut Cooper is fflnrodgd to tbe" the coming"
man. . The .opponents , of ,Mrv. Canaday, l
Collector of Customs here,vhav.e .'-hauled
off,M.at least for the time being, and in the
absence of any hew develorjenients ."or! mi j
expected reinforcement oi the enemy he is
likely to '-'Hold the Port indefinitely,- As
far as we can ascertain the leading men of !
the party in this district are in . full accord
and warmly support : both Russell and
Canaday. The only person mentioned "for
the Collectorship is friendly to the continu
ance in office of the present incumbent and
is hot a candidate.' ' ': ' ; - 'y . '
' ia a" ' ' '
Exports of Rosin to ForelcnPorts, &c
From a circular issued: by Oscar Meier,
No. 2ft South William street New York,
we learn that the foreign exports of rosin;
from the United States for the last five'
years have footed up as follows:
In 1881, 920,943 barrel, in 1880, 751,179!
barrels; in 1879, 809,639 barrels; in 1878
956,)4 barrels; in 1877, 815,863 barrels. 5
The stock of rosin on hand on the 1st
day of January, at New York, Wilmington, :
Charleston and Savannah, for the periods
named, footed rip as- follows : -
New Tbr--i882, 27,264 barrels; 1881,-
67,657 barrels; 1880, ,56642 barrels;ri879,
28,071 barrels; 1878, 36.Q91 barrels. A J
TFMtor-1882, 60,767 barrels; 1881,
122,895 barrels; 188093,193 barrelsi 1879,
81,919 barrels; 1878, 61,851;barrels. -
CutrksivnlSSO, :. 31,404 (barrels; .1881, .
33,076 barrelsr 1880, 19,566 barrels; 1879, :
13,520 barrels; 1878, 25,95r barrels.
Savannak 1882, .55,863 barrels; 1881,
58,618 barrels; 1880, 33,067 barrels; 1879. ;
8,755 barrels ; 1878, 25,170 barrels.
Total stocks; at the . ports named ; ' 1882, 1
175,298 barrels; 1881, 281,746 barrels; 1880.
202,468 barrels; 1879, 132,265 barrels; 1878, !
149,463 barrels. . , ;
Railroad matters.
The -.last New Bernian has. an article
headed "The Best Railroad of them All,'
in which the editor sajs:.. . W ashington, ;
by the short and imperfect railroad stretch- '
ing from its. precincts to Jamesville - on. the
Roanoke, is.brQught-by.-steamboat hayiga-i
tion within two , or .three hours' travel to,
Edenton. , Thus.we .may say that a direct
Northern line of -railway suitable to all the
necessities of shipping..and travel .has been
established, for the northern : half , of .the
eastern, part of the 8tate. Now what k
needed to coiiaplete one" of the most splen- j
did, popnlar and successful raijrpads of the!
country, .is to continue this road from
Washington to JNew Berne thence on
through Oh&low'dpwn. to Wihiungtoh. It
is true, thai .the .country ; between. New
Berne and Washington is not rich in agri- i
cultural productions' though it only needs
eapitai and enterprise, to make it attractive!
in this particular, r Hut from Hew Uerne to
"Wilmington,-; through Onslow a railroad
would, penetrate i and - traverse one of the
richest, most productive and enterprising
sections of the Stijite.
Tb Comity Poor-lfo'teae :
The, total; inmates of' the County Poor!
Boose, under, the aupciintendence , of Mr.
J. .IL Ssxage, for u the past year, was 77.
Of this number 12 died, 1 (colored) was Bent
tp the . Insane Asylum, ahdc2T were ,dis-j
charged, makimj a total of ;40; but 3 of the;
latter were subsequently - Compelled to re
turn, which reduced the number removed
from the institution during: the year, to 27,
and leaving a total of 40 in the same on the
,1st day of January, 1882; : . '; ; :
...There hasibeen a gratifying improve-.
;ment in everything ' connected ; with .the;
Poor House during the past year, audit is-
now an , instituUon ! of. which the county
.mayweil feel proud, r t t 3 :;
ForeJUzn SnJpments. .. ; .'uiv id ':U JV
' The following comprise the foreign shipj
ments from this , port yestecday : me JHpr-i
wegian barque Jkaqfet, Capt. Tellef senf Qr;
Hamburg, by Messrs. E. G.Y.Barker & Cd.,
with 2,405 barrels of rosin and 550 x&ks
spirits iurpeatia Bakwd-t , $19,910,76;
the German 'barqtewMYi -Pw, Capt.
Kipp, for Bristol, England, by Messrs.
Paterson, Downing & Col, with 2,741 bar
rels, rosin and 400 casks spirits turpentine,
valued at - $16,589.06; the .Norwegian brig
Queen , Yicteria, Capt. - JOlserf, for London,
; by,Messrs.! D. R. -Mnrchison & Co., with
1,957, barrels Tosin and 500 casks spirits
, turpentine, .valued at ..$16,326; thejNorwe-;
gian barque Abraham Skaue, i Capt Gre
gersen,-'ior LiiverpooL by Messrs. p. it,
. Jlurchison Co., with i,33i ' bales of cot-t
.tQn,wtghm 6J,73tj pounds,and,yaluedat
$78,054 and the schooner Annie R; Lewis,
Capt. ;Lewis. for ' Ponce, Porto Rico, by
Messrs. Edward Kidder A Son, .'with 177.
000 feet of lumber and.54,600 shingles, val
ued at $3,173:70. ' Total, valuation of for
eign exports for the, day, $129,053. 52.
. . , 'At the recent ale of. the Duke
of Marlborough's UbTary in England ft.eopy
of the Bible printed in J462 soki for. $8,000.
v WW. ? Vi , W , 'X j AY
N. G.;- FRIDAY, JANUARY 20, 18821
THE TRIAL OF G UITEA Vi
Large and Intelligent Audience Open
Ins Argument to (he Jury, by Mr.
- Davldse Studied -vAttempt of Pri
soner to Interrupt Counsel He Falls
. In XUs Effort and ublde. .': ,
By Telegraph W the Morntog'Star.l ! .
Washington, January 12. The audience
which assembled, in the court room this
morning to listen to the opening argument
-to the jury in the Guiteau case was a: large
and mtelhgent one, wmch, entering the
room at an early hou waited patiently the
arrival of the Court, counsel and prisoner.'
.The marshal gave the spectators due notice
that no one would be permitted to leave until
the hour for recess, and, for the purpose of
emphasizing his remarks, f Ordered that the
main door should be locked. m 't-f
At 10 o'clock sharp, the jury entered and '-
a few minutes later the uourt was called to
order. 1 t . " - i 'v v- :' .''
: Mr. Davidge then took a position in front
of the jury, and opened his argument with
a disclaimer of any intention to make a set .
speech, but expresseo-tas- aunpe desire to
render the jury whatf&d he ewujd 1m their
present ana solemn ; duty.; The .time had
now come in this trial when the jury were
to become the factors. Whatever disorder
or levity may have characterized the trial,
there was out one . sentiment in: respect to
the conduct of the jury, . All commended
their dignified deportment -and closer and
patient attention to evidence, and he could
not doubt i that, s tiiey had received the
commendation of all in the past, they, would
continue to deserve it in the future by their
decision of the question before them.
r ' There is here, gentlemen," he continued,
' 'but .a simple point fordiscussion and con
siderationthe subject of insanity. The
Court will tell you that in this land of law,
it is not allowable for a man coldly and de
liberately.and treacherously to slay another,
and then to say he , had no malice. ' The
Court win tell ypu,rwhen it 'comes to charge
you, that to constitute the crime of murder,
the existence of : malice is wholly unneces
sary, and that, indeed, crimes are committed
which are infinitely worse in the absence of
that element than if it were present R
"In the beginning' of the trial,as you will
all- recollect,, an. ineffectual attempt was
made in the direction of showing that the
death of the President was attributed to the .
malpractice of the surgeons who attended
him with spmuch fidelity and ability.: That
attempt was short-nyed, however, and was
very speedily abandoned. So that there is
now but a single question for you to deter
mine, and that is the question, of insanity
In the progress.of the trial very many vague
and general expressions have crept into the
case. We have heard of crazy men; of men
off their balance; of insane men; and hence
it was necessarv to.amlv to the Court for a f
.- - ------
clear and perspicuous definition as to what
is insanity in the legal sense. Medical ex
perts have d enned . insanity from the stand-
Eoint of medicine, and it was necessary to
ave it defined from the standpoint of law.
Even if a man be deficient in intelligence.it
does not follow, that he shall be permitted
to commit murder with impunity. It takes
one . degree of intelligence, for a man
to make a contract:, another to make
will, and another to do. any- other
act ; but when you come to crime, such a
crime as we have , here, murder Vmurder
most foul and unnatural" the law requires
a very slight degree of intelligence indeed.
It was; gentlemen, in order to make - the '
Question perfectly jclear, and to abridge
Jrour labors so fares to prevent your being
ed astray by the introduction of irrelevant
matter, that the prosecution asked the Court
to state succinctly what constitutes malice
and insanity in the legal intent. .The Court
has spoken; and it has not spoken in any
vague or ambiguous language. It has laid
down two instructions for your guidance,
which 1 will now read. (Here Mr. Davidge
read . Judge C x's instructions, " numbers
one and two.) "'"T?; :;:.Y ' '
xu. 'commenung on uie nrst uuu tseconu
instructions Mr. Davidge said: That is.
gentlemen? of the jury, If any human: being
has any degree of intelligence, whieh'i ena
bles bun to understand the act he is doing,
and if he has sense enough to know, and
does know, that that act is in violation bf
the law of the land or wrong, then no fren-
7.v. no nassion wui anord anv excuse what
ever ; . then ho disease of his moral nature
will constitute any excuse whatever; then
no belief, ' however profound, though the
man, , through reason and reflection, may
reach the conclusion that the act is the sug-
gistion of and commanded ; by -Almighty
od, will afford .any excuse whatever for
the perpetration . of -the crime. His sole
and exclusive excuse is disease of the mind,
obliterating the sense of difference between
right and wrong, and-absolutely controll
ing the judgment and reason pf the party.
Thus you wul see that, the degree of reason
necessary to make a man responsible is very
limited indeed ; thus you will see that a man
may be- here who has. been styled a crank
orott hia balance, or even partially, , insane,
and yet may be abundantly responsible for
a crime. ' What is the act committed here?
Murder, murder, murder, by lying-in'wait;
what is commonly caued assassmation. :
As Mr. Davidge , traced the process of
reasoning by - which the prisoner gradually
reached tne conviction tnat nut one nine
life interposed between, himself and possi-
bly great benefits. Guiteau : became restless,
and for the first time since the opening of
the Court, indicated by his nervous twist
in? about the ' usual oreliminaries to the
series of interruptions which m this m-.
stance quickly followed. , . -. :- - .
"Not ofteh," said Mr. Davidge, "in the
record of hiehous- crimes do we have such;
plain and pointed evidence as . to the first
concention of the crime. In this case the
conception came to the wretch hi thenight,
as he was lymg m his- bed -
It came to me when the Lord got ready.
to send it " snarled the -prisoner. - -
,;Mr. Davidge . continued, .'This thought
or suggestion fme-toihim on the 18th of
May, but still thinking that he might ob
tain an office, he sought to keep his hands
clean, and he .made anolfter 1 effort' on the
28th of May. to induce tiie'President--
Guiteau then called out from the dock
"I would'nt have taken a foreign mission
after the 1st of June If it had been "dffered
tome! 4 .1 ' ! ' '
Mr. Davidge, apparently a not heeding;
. Guiteau "I am-talking about the 1st, of
Mr. Davidge, pausing a moment-" Just
listen to him" . ; ' -
Guiteau.' sneeringly 'They would listen
to you, but your talk is so weak it is hardly,
VHVliU UBKUlUg 1J. i ?! . . .. . .. . ! :
' For several minutes Guiteau continued
to interject his comments, - with the evident:
. a - r ... 1-v 1 m ...
intention oi annoymg jut. uaviage, nut
finding he could,no4.efEfiet- this, he gradu
allv subsided into complete silence, y,--
,' 'How great a degree off intelligence does
it take to-inform a man that that is wrong?
what desnree of intelligence was necessary to
make a.lawTCrkhow that it was in viola
tion of .the law, of the land to kill ?,what
.degree of mtelljgence was necessary to make,
a religious .map know that an everlasting
'edict had ,gom forth from Alnnghty: God,"
'Thou shalt commit no. murder' ? There is
no hardship inholduog a man to a responsi-v
bility when he has sense enougn to Know
the, , act he is doing and that it is wrong It
is that element which gives such great im
ti tiif tti-.l ia('
L"' A riv
il In i
o1 1
- ,...i.
tit
portance to the present case. Ifl conceived !
it possible that by yoUr verdict you were to
assert . that, the . degree.; of, .intelligehoe re
quired by -these instructions did not exist
herey I would deplore that result more deep- j
T than l have - language to express! 1 ;
would regard a result of that wrt . as tanta-
mount to an invitation to every, weak-
brained, ill-balanced man, with or without
a tnotive, to resort to the knife or to the
pistol, and to slay a man for party purposes;
or, it may ,be,; without any. purpose what
ever." . . : .' ' -i--'
After recess.' when the Court Teasscm-
bled, the attendance was even greater than '
in the morning, and for,evry -pne that left
the Court - room', half a .dozen .hew appli-;
cants pressed for admission.' " ' : " : r
i Mr. - Davidge resumed his argument at I
five minutes past 1 o'clock. -.Touching the I
evidence' produced of the existence of in-'
insanity In the Guiteau "family as" bearing ;
sanity, Mr.. Davidge summed up-the force
oi - una argument with the. remarK, VUut
the unanswerable testimony' of experts set
tles the- question of how much' effect this
oollaterak insanity could jhave-'unon ' the
mental .condiuon of xhe prisoner. It but,,
in ' view of the : undoubted ability of ' this
man. to distinguish between right- and
wrong." , , ; , , .; ' , ..
Guiteau . mternroted and shouted out:
T have; always been av Christian man and
for six years have been strictly virtuous.
Don t forget that. Don't forget that, either,?
jot., uaviaere then passed to a-review of
the evidence offered by the defence as to the
habits of life- and history - of the1' prisoner
from his birth un, saying "It will be for
you, gentlemen of . the jury, ,to determine
iether there is a single jot or tittle to
show that this prisoner was not! perfectlv
responsible for his act on the 2nd of July.
i ou . will find that they have carefully
picked out and held up to s your view every
thing in the entire career Of this man which
may be considered odd or peenliar,' and ' it
is for you to consider how much value can !
be attached to this evidence when you come j
to consider wnetner this man did not Know
on the 2nd of July that, it was wrong , for
him to kill the Chief Magistrate of the na-
UOU. .. .. ... i - . ..- - '..
Mr. "Davidge then took 'up the Oneida
Community, and spoke of Guiteau as wal
lowing there for six years i ; , n
umieau angmy shouted "And l sav it
s false. : I didn't wallow. 'Tm just as pure
as yon are, Davidge,' and a good deal purer;
went there to save my soul, not from lust.
Put that do wn,,Davidge, and don't vou. for
get it."; -v: r .
Rain and Sluan Fall to Thin tne Crowd
of VIsItor-;The Prisoner ' makes an
Apology or His" Offensive ' Remarks
to JXr. 1 Davidge Argument of Mr.
Davidge ; Continued' Interruptions
by tne Prisoner' .r ..'. ..:'..".'.; .- , .
.' JBv Telejrraph to the Morninit Star.l
Washington, January .; lS.-'-Rain and
slush had no terrors to-day for 'those who
had secured tickets to the trial. At an early
hour tne court room was crowded,- and at
10 o clock possibly two hundred persons
were patiently waiting upon the outside, j
upon the opening of the uourt Guiteau
said, "Injustice to myself andMr. Davidge,!;
l desire to say tnat j. received a letter yes
terday severely denouncing Mr.Davidged I
my remarks against him : were based upon
tnat. j. nave louna out, nowever, that i
was mistaken, and j that Mr. Davidge is a
high-toned Christian gentleman and a sound
lawyer.; I; desirey theref ore, ito;. withdraw ?
anything l said against him. . I still enter
tain the same Opinion of ColCorkhillhow
everl" I' am satisfied I was wrong about
DavidgbutrightonCorkhilL'l --j i: I
Mr. Davidge resumed ius argument, and
a review' of the ' evidence. He showed up
by the evidence of JW. "Guiteau and other
witnesses of the defence, ' the fallacy and
absurdity, of Mr, Scoville's pet theory, that j
the prisoner was an imbecile. , J
After his opemng speech Guiteau re
mained a quiet . listener ; for. an hour, but
Mr. , Davidge. . haying used ; , some . pretty j
strong language m alluding to Guiteau, such ;
fto -"this nnsnpat-nhlA liar thh. -nriunnpr t- i
as "this unspeakable liar, the prisoner re
torted, "0 you are: making all that fine;
talK for money ;: following it up with fre
quent comments "That happens to be
false,' "that isn't true," and similar expres-1
sions. - s "l- -. !- ' - ;1 f
Mr .Davidge passed to an examination of I
the prisoner ,himself, his appearancenpon
the stand, what he had said, and what capa-
eitv'cof intellect he had showh-r Provinff
conclusively that what had gonahefott had ?
H 1 1 1 Z 1 If- J i
- . ... . . s
ville had dilated upon his .morality, andhad
asserted "that a ' lacfcs 6f intellect was his
failing. On the contrary, he had shown
upon, the stand a wonderful memory, logic
; J 1,vl.!1!i . Til T f
reason ana lnuuieciuai numiy. uu-ewise,
as tne aeience-'naaiciaimea ior mm virtue
and .morality;: the prosecution had availed
themselves of their right to show the con
trary, and what had been the result ? Me
had been shown to be such a monster of
corruption, deceit; depravity and wicked-?
ness, that tne . country loosed on with a
shudder,", ' -... . .;-; ;:;.;? .V
Guiteau, "in Jttly.i but it is not the case
now. If you could, see some of the letters
I have been receiving you would see that a
good many people think I am one of , the
best and greatest men in the country."
' rt , - r . tv J l -1 ? n - J
vjonunuing, jar. 5 .-xsaviuge sKuiuiiy anu
witir Wonderful' effect reviewed that por
tion of .the testimony -bearing -upon the
prisoner's life ' 'All this time, . said, coun:.
sel. "no one accused him of insanitv. In
the estimation of 1m Mends and his family,
he was sane enough for all the transactions
ox life,, but -when his hand w red with blood
and the outraged law claims him as a sacri
fice on the altar of Justice, we first hear of
his insanity.' ' y'-ren
; Alluding to Guiteau's schemes in relation:
to the Inter-wean, Mr. Davidge said: "We
have to deal here simply with jthe plans of
an audacious mind; but there is nothing in;
- J ; -. T T
such u tjcueiuc iu lizuicaw insanity. is a.
fact. .. tunderstandJ. that the stock, of .the
paperones worth J $75,000, is now worth
f l.OOO.wO, and It was by putting into sue
cessful operation the j plans trst; suggested
by the prisoner i . ;; ,
''Yes," shouted; Guiteau. "the pape:
never was anythmg until I put some brains;
into itand they have been running ever
sincft o my bialns." ... .:.;;;. a ; -!';' i
Summing up this incident, Mr. Davidge
said: "It was not ah indication of insanity.'
It was simply -in keeping with his idea.
of that great, , moving brain, . and - the one;
central figure of the day, was that of Chas,
J. Guiteau.' ' ' - ; " ' '
i'Tiiank - you Davidge.';
called, out -the-Tsnsoneriu'I m glad you are
begmning to think so, .Agreat many, other
people tninK l m tne greatest man ui me
day; lit I 'doht fcare1 af!shapri what-ithey
tiuidbr'J.Iiavn,fe &&itvt-.egotiiiat.":'.-
- Mr. . Davidjre. alluded brieflif, to the . testi
mony of .Mrs. Dunmire, the divorced wife
of the prisoner. ''The prosecution were de-j
barred from ientering those confidences
which exist between .husband" and wife.
The defence could have done , so, but they
did-not -"Jttrs.-1nnmire did not hesitate,"
said Mri Davidge i'to testify emphatically
-that be was, a sane man." - '
. ' "She don't know anything . about me.
called out Guiteau.' .T haven't seen her
for eight years." -
r. Mrs.. 8cavffle,Vwhot. had" been busily
if 4' l O - ' 1 ' f v
FTH A TT
NO. 12
writing all the morning: shook'- her "head
angrily and ejaculated, "he's a - liar any
way." - - , ' - .
Mr brother whispered a warning, t hut
she repeated the comment still ' more em
phatically.' - - i:-:,!f;-:;;,'---.;
Uommentmg1 upon the -testimony of Dr.
Spitzga, Mr. Davidge said : . 5 Notwith-.
standing ' some of his remarkable .state
ments; Spitzga never denied the prisoner's
'resrjonsibiUty-Accebtinffall his evidence.
even Spitzga brought, the prisoner within J
the reach of . law and punishment. " ; : 1
After the recess Mr. Davidge resumed his
argument with a review, and discussion of
the expert testimony. ue said "More
than two experts have been summoned
forthe defence. Many of ..them men whose
names were known : in -everv household .
.they came here; they watched the prisoner;
they lestened to his evidence, and what was
the . result? With two exceptions; ther
vanished from bef sre the - light of evidence
tit j " , j -
iitte a ciouu oeiore me wina, - ana nos one
of them could come i upon the stand and
swear that the man was .legally, insane.
They met tand - compared ; hbtes, aind they
could- not testif f to-his insanity.; " The men
and I regret to" say it neither of them
would or could admit that they believed in
God ;; they vanished before you, and were
permitted by the defence to withdraw "With
out testifying." .
in answer to the prisoner s claim of divine
inspiration, Mr. Davidge read with impres
sive -enec. irom me nrsi cnapier or me
Epistle of f James, - the 13th td 15th verses..
inclusive. 1 -" - i - " - v .' - ; - . .
The . -prisoner continued' interruptintr.
when Mr. Davidge, partially turning to the
Judge, said: "Let him go onl I will haUg
him on his own testimony," This predic
tion seemed td have no horrors for Guiteau,
and he continued his toterrupfiohs.i; "K;'.
Alter disposing of : the . insanity ; and in
spiration theories, Mr. Davidge" continued;
l here is not an element in this case that
removes it;fromrthe"cateeory "so carefullv
provided against in the courts .Here' was
a daring, audacious boy who in the Oneida
Community gave way to a life of ; lawless
vice; later 4 as a man, as a. theocrat who
would overturn all law ,and churches;
later, when 1 he " proclaimed ' himself of
the ; xfirm i of ';. 'Jesus CJhrist &f Co.'
You see? the legitimate outcome of
his ' wicKed egotism, and it is lust as
legitimate and logical to find a true explana
tion of this crime in the same traits of the
inordinate j calamity a desire of notoriety
and rreckless egotism. . As I conceive, the
true and only theory of his crime is this :
Me conceived the idea of this monstrous
crime believing that : others were as wicked
as himself and those who would be bene
fited by it Would in some way interpose Tto
save hun from the damning consequences
of his most heinods crime." 1-' , ;
Guiteaur continually interrupted with a
constantly increasing exhibition of ;Ugiy
temper. "j'Youll get the Deity down on
you for the way you are conducting this
case," he shouted: . v And he will eternally
damn you, Davidge. ' - ' ;
Tne Court . Room . Again. Densely
Crowded Prisoner 3ts Off" a Speeeh
Aoout the Reception of Cheeks He
does not Want Worthless Ones Be
lsvnts own" Hanker Court Rules
Against Allowing Prisoner to Speak
In his Own Derenee Opening Argu
ment of Mr. Reed In Rehalf of the
Aeeused. - j - - r - rV - 5-
- Washington. Jan. 14. The Court room
was densely crowded to-day, in" anticipa
tion of the opemng argument lor the de
fence. It '... - I -A '
At 10 o'clock the prisoner was brought
in, and as soon as he had taken his seat he
opened the day's proceeding with the fol
lowing speech:;! received three ; checks
yesterday; , representing , about $15,000."
Some of them, I suppose, are worthless, and
many of them are no : doubt good. ;1 don t
want any one to send me worthless checks.
I do my Own banking business,; and my
checks should be made out to my , order.
Any one who desires to send me money
can do soi but I do not want any worthless
checks. " ;
Mr. Reed took a position immediately in
front bf the jury, awaiting the signal from
the. Court to begin the opening ; argument
for the defence. .' All eyes were, turned in
that direction when Mr. Scoville arose and
addressed the Court, stating that he "de
sired to know whether the prisoner would
be allowed to speak in his own -defence. If
the Court proposed to-aecerdhim that pri
vilege, both he (Scoville) audi his associate
(Reed) would prefer that he should speak
first.";-, t :.;i.-.v ;::i::4:-'L;:,i-;i,i
Guiteau "I want to be heard on that
question, your honor. ' I -want to close the
argument, for the defence. I would not
trust my case in the hands of the best law
yer in America.' ; ' " ' '
Judge oox "i should be loam m a capi
tal case to deny any man the proper oppor
tunity to, be heard, even if he is represented
oy counsel; out in uus case it, is su.e uj as
sume that the prisoner will abuse the privi
lege, as he has done all through the trial,
and that what he would say. would be high
ly improper to go before the jury.- I shall,
therefore,' deny him the privilege. As I said
yesterday; however, if his counsel desire to
a . . !A ts i. "
reau irom. jus mauuscripc anyuung wiuuu
they deem proper to be laid before the jury
they can do so." : '.' v --'-'. i- -
Guiteau protested that he appeared as his
own counsel, and claimed the , right as an
American citizen to be heard m his own de
fence, imding that Judge Uox could not
be movedhe shouted "Let the record show
thatr I appear here as my own counsel, and
that I take exception to your ruling. Judge
Cox, 1 shall appeal to the American people,
and they will overrule yoii, and you will go
down to future ages with ahlack stain upon
your name." . ., .. ,,.;f . . ,. s
Jndre Cox made no rcblv to this tirade.
but simply noddepeej tpejui his
argumeni. ,,- , ..... :v ,f - -.r
Mr; Reed then rose to address the 'jury
on behalf of the prisoner. - He commenced:
by paying a eompliment to. the jury for the
seriousness, solemnity and care which had:
Characterized ; it during .this long trial; a;
trial unparalelled m the -history Of criminal
jurisprudence. . He Should not endeavor to,
make any statement , of the , evidence,; to
draw a gilded picture r any scene, but he-
would simply talk with them as between
neighbors; . Mr. iJavidge, .counsel; for the
rjrosecution had occupied two davs in . ad
dressing the jury, and that effort and con4
sumption of time ' on his part showed : the
trrave apprehension felt bv . the prosecution
lest something might have appeared in the
case which would make the jury say that
the poor man was a lunatic and irresponsible.
The prisoner haftrtahtfr Sustained a re
cord for impartiality in abusing and contra-!
dieting every one who has had anything to
sav upon the case. from. Judse Cox. on the
bench to the 'humblest witness on the
stand.; i -. ' r
Before CoL Reed had-been speaking half
an hour-the prisoner began to comment and
contradicts 42ontrastmg the mercy of the
Saviour towards those afflicted with devils
- finsanel with the demands of : the prosecu
tion in this case. . CoL Reed said, "They
say hang him." - i.
Guiteau shouted "And the American
people say. 'Let him ro: " The American
people are on my side. Mr. Reed, now you
go on with your speech." :i y
Soon after the speaker had .occasion to
allude lojthe evidenccof i J. W. Guiteau, :
when the" prisoner, again? interrupted, and.
caned" out.disparagingly," Well, he ain'tmy :
reference.-; l ye. got better men than he js
or my reference. '1- & V- r --'.
Col.Reed commented upon the incident ;
related by several witnesses when Guiteau
struck his,sfather, at ,th supper table, and -Guiteau
calldd" out,' vehemently, "That
warn't true I never struck him ; never-
intended to strike him. I don't fight any
one. " I'm peaceable. '. If I don't like any "
one I tell them so, and -tell them to get out
of the way; and thatsettles them." t "
''This act," continued the speaker, "was
the first indication of his insanity. He do-
nies it; probably he don't remember it."
Guiteau,. sneerinely ' 'That is . owing to
my poor weak mind and disordered intel
lect."
Col. Reed continued-r-"Mr. Dayidge con-
descended to read yesterday a portion.of ;
the evidence in relation to this incident, to.
show, as he "claimed, the depravity of the
prisoner, and Judge Porter kindly suggest- -ed
to him that Guiteau struck his father in
the back. The full- record says, 'or neck
or shoulder J 7
ju.r,uavidge,
laugningiy - uon i - go
back on the witness:'
Col, Reed "I am ireading from the re
cord, sir. " It says" - ; "
-Guiteau, (with an air of satisfaction ht
his .superior discernment) "Why, that'
was'lntended for a: puh,! Reed;- bat you
don't seem to see. it;" I.doht know as that '
should be wondered. atr for it would require
a microscope for an: ordinary mortal to see -
lti"- ,t-:v -'r-' ; ' ' . .
i After the recess, Mr, Reed continued his :
CTgument reading two letters 1 Written by y
Guiteau at the -time-he- left the Oneida ;
Community, randcohtended that ho man"
could read these letters : and not reach the-'
conviction that the writer was of unsound '
mind. ' This evidence was not manufac-
tured for s the occasioirHt.Was on record
years ago.- Many; of the experts for the
government who had watched this prisoner
closely for weeksflworevherc that they did
-not think the prisoner by his -looks, by his -talk
or by his actions here in this court room,
has endeavored to .feign ; insanity. This"
mill Onl- Dluul lia 'Iia nninf Yrf.nl r Ya
case, and I ask you gentlemen, if half a
dozen of these experts- swear, that he is
playing a part here, . and as - many more
swear to the contrary: and all of them wit
nesses for fthe government; if, I Say, these
experts disagree,' so positively upon this ,
point, hotf much weight can you attach to
their opinion upon his sanity ? ; It does not
require an expert to pronounce him insane. ;
You have seen hun, day after day, shuttling
in before you; you have seen : that strange,
unnatural look of his.. "Yes, and it requires
theopinion of nd expert to convince you
that this is not the appearance of a sane
man." ;"' ; . r; ' , '
Continuing in this, strain. , the sneaker .
ijaid, 'In my opinion,- if this poor creature -is
sent to an asylum he will be a drivellin?
idiot within six months." v - i r
-,, Guiteau had been quietly I listening with
his elbows upon the rail of the dock. : and .
his chin , upon his , hands, his back being
turned to the audience and his attention
apparently fixed upon something in the
streeUfiThis startiiug prediction amused
T. . i ' m T i . i . j.
mm. imenseiy. xurning arounu ne looaeu -
Over m the direction of the speaker and en
joyed a quiet laugh for some seconds.- t
. "Their experts' said the speaker, "do
not swear, to a fact, for none but the inscru
table Deity can know .what there is in the
frame j of a man. They swear only to an
opinion, and -you have a notable instance
how far from facts the' opinions of the
most learned doctors may be in the Bad
ease of the late President. -We had bulle
tins every T day , giving bis condition.; We '
had an announcement that a probe, (what
ever it '-may be) ' had been; inserted twelve
inches into the wound and. yet the wound
really led in ah exactly ; opposite direction.
I say it would be a shame to send a man to
the gallows upon an opinion of doctors." -
: uoi. need concluded, 'Gentlemen, ' 1 am
very much obliged to .-vou for your atten- :
tion. -I I only ask you pray do not do that
which shall, fn after years, bring shame to
your chaekB.?j4b-x.-''--i3'is-; ;' .
Guiteau called after him, f'Hecd is a good
fellow.' s; But I would ''not give, a cent a
basket for that rubbish, .If I could only
have one hour with that Jury I would give
them the right theory and fixt his matter."
; (The court then adjourned, till Monday, v
TERRIBLE ACCIDENT,
A Train Pilled witn ISen of Note Tele--
seoped Between Albany and New .
York Several Persons Killed Out
jrlgbt and. Burnt to Death About
Forty More or Less Injured.
: fBy Telegraph to the Morning jStarj', J
' New Yoex January 14. The Express
from Chicago to New York reached Albany
twentythree minutes' late" yesterday after
noon.- : Owing to the great crowd? ot legis
lators and others who desired to leave the
capitol fifteen additional cars were put on, ' -eight
of them being palace ' coaches. : Two
extra engines were also attached, ' and the
train got under way. 1 It was filled with
men of note and prominence of both the
Republican and Democratic parties, in
cluding almost the entire New York city-
and. JirooKiyn, J-ong, fsiand ana taten
Island delegations in both branches of the
Legislature, which had adjourned over- till .
Monday. At Spuyten Duyvil the train be
came, disabled, and owing apparently, to a
failure on the part or the rear flagman,-' the
engineer of the Tarrytown special, which -followed
at an interval of a few minutes, -
knew nothing of thedanger until he was al
most upon the disabled train, and, running
at high speed, the two rear' drawing room
cars were telescoped and immediately .
caught fire from the overturned stoves and -lamps.
Some of the passengers were caught .
in the wreck and burned to death. .-
The wounded were promptly cared for
and are scattered among houses in the vici-.
nity and hospitals. .About forty were more
or less injured- - The accounts vary, as to .
the number of killed, but four bodies baye
been recognized and five were,. burned be
yond; recognition. . The recognized dead -
are Senator Webster wagner; lian
som, of the Hoffman t House Park . Valen
tine and wife, of Bennington, Vt. ; , Oliver
B. Kelly, of Pennsylvania; a man supposed
to be Rev, F. Marichal (a book of sermons
bearing his name was louna in ms enects;,
and Miss Maud Brown, Of New-York.
. .The railroad officials say the cause of the
stoppage of the train was a derangement of
the air. brakes. . As soon; as. the train
stopped the rear brakeman, named Mclins,
was sent back with the danger' signal to'
warn other trains, and had time: .'enough to '
go half a mile, but seems to have gone but
a short distance He disappeared imme
diately after the accident, and has, not been
seen since. - , ; v - - : . . .....
- Later. Orders have been issued for the '
arrest of John Mclins, the brakeman whose
negligence to ; signal the Tarrytown train,
when instructed to do so, - caused the ca
tastrophe. . . Telegrams have been sent in all
directions f or.his apprehension. -. . . "
TENNESSEE..,'
The Flood In the Cumberland Rall
: road Bridges Endangered anA-Trafo
flcImpe4ed:VV';.;:--i . '
By Telegraph to the Morning Staf.1
Cinctnnati, O., January 14.--A special
from Nashville says: The rain ceased last
night, but the river i - still-rising. ' It rose
thirty feet at; Point Burnside last night.
One million feet Of lumber are afloat here.
.but the lumber is not out of the, yards.
Work shops are abandoned on both banks
Of the river' Steaniers -'cannot pass under
the suspension bridge. The Louisville &
NashvffleHRaifrTmd-r bridge is endanger
ed by.tlie lodgment of ; drift and floating
sawjogs against its piers.- . Jlany families
have bn driven from home by backwater;
but no lives lave been; lost, as yet. . The
damage cannot be estimated at present
;;. v