Omaha Daily Bee Newspaper, January 9, 1882, Page 1

! P e ( ’ f:v«u in battle), which not on I RLEVENTH YEAR. LN NO. 171 HIT HIM AGAIN. Burbridge Gets Back at M Rebel Blackburn, And Sends the Guerrilla Sym. pathizer to Grass on the First Round. He Acknowledges He Killed Lots of Men in Black- burn’s District. But He Did It Under Orders from General Billy Sherman, And a Party by the Name of : Lincoln” Patted Him on the Back. And the War Department Moved Him Up a Pey ia the List for [t, And Does Any One Else Want to Put on the Gloves ! Nakiona) Associated Press. WasniNGgToN, January 8.—The following is the correspondence be- tween General S G. Burbridge, late of Kentucky, and Congressmen J. 8. C. Blackburn of that state, growing out of Blackburn's charge that General Bururidge, as union commander in Kentucky, had mur- dered many men with whese graves his (Blackburn's) district was now dotted. Burbriage, on hearing of Blackburn's remarks, wrote that his acts in suppressing guerrillaism in Kentucky were by authority, and he would not consent to be classed as a murderer therefor. To this General Blackburn replied in a manner de- riding Burbridge's statement, and which letter it was that led many to suppose there would be a hostile meeting between the gentlemen. To it General Burbridge rephed as fol- lows: WARHINGTON, January 7, 1882, Ho C. Blackburn, M. C., 7th District of 8 —Your letter of the 27th ult., in refernce to mine of the 2lst, is re- ceived. In it you make the point that the distinguished gentlemen who approved my conduct must have acted without tull kuowledge of the facts. Declining to assail the character of men whose loyalty to their coun- try at the period of my adminis- tration in Kentucky, is in striking contrast to your own. You assume that they had not full knowledge of the facts. The deeds which received the hearty approval of all Union men and which, in . corresponding rate, E-ovok-d the wrath of the rebels in entacky in 1864, were not done in a corner. They were planned in strict accordance with orders from Secretary Stanton and General Sherman, and executed in the light of day. The letters (zopies of which will be pub- lished in connection with your letter and this reply) were written after my military career had closed, and at a time when the Democratic press of Kentucky was loud in its denunciation of my official conduct. They were written by men here who were fully conversant with all the facts both be- fore and after they hadbeen distorted by rebel hate. [t is to be regretted that in passing sentence upon me, a8 an officer to whom the exccution of orders for the suppression of guerilla- ism were intrusted, you fail to in- elude in your denunciations the guerillas themselv:s. Have you ever heard how Berry's band murdered Mr. Kalfers on Bardstown turnpike, while he was proiecting his wife from insult, and how the iucited neighbors pur sued them until Mr. Roberts, the oounty surveyor, was killed? Hun- dreds of such crimes were committed by guerilla bands, who roamed over the state. You refer to men whose acts put them beyond the pale of civilized warfore in the t ilight of | barbarism, or in the domain of actual crime. Would it have been an act of this character to hunt down Berry's bandand hangevery oneofits membors? If your district was “dotted over with graves,” it was for such acts as these, as I informed you in my previous let- ter. Not a man was put to death by my order without first having been tried and couvicted by a regularly or ganized court marial. The acts which place the perpetrator “beyond the ale of civilized warfare in the twi- Pt Of ariar ettt Mo A doman of actual crime, were the very acts which it became my duty to pun- ish. That I was too I many to secure pard: of future amendment, Tadmit. That T was frequently censured for this, is true. Atthe time when the Ken- tucky legislature had no power to command me, I appeared voluntarily | ovinted by the | before a committee af scnate and all the charges to which you now refer were fully investigated and upon the advice of Hon. Asa C P. Grover, United States senator, the investigarion was abandoned by the ower house, In conclusion allow me to suggest that there were acts at tempted by adherents to your course while those to whose death you so sathetically allude never risked the ly put the serpetrators **beyond the pale of civil- ized warfare in the twilight of barbar ism,” or worse, in the domain of ac tual crime, which 8o far surpass those above mentioned as to provoke thein quiry whether they were not concely ed by the prince of darkness. 1 al lude, sir, to the attempted introduc tion of clothing infected with ye fever into northeru cities dur war. I donot know by wh crime against civilization was attempt ed, but proofs of the atte are ample, and while vexing ’ f ye nient and allowed | A upon promise | ur | the south, righteous soul about the barbarous treatment of thieves and out-throats in Kentucky, it might be well to allow some portion of your indigna- tion to find vent againat this diaboli- documents above alluded to: [United States Military Polograph. | To Gen, P bridge Your dispatch received and is very satisfactory. Go on and raise the hue and cry and don’t mind the cost | of money or horseflesh to hunt down every guerrilla and robber in your state. Make a clean job of it and Morgan and all such men will let Kentucky alone in all time to come. Seize fresh horses wheresoever they can be had and leave the tired ones, gving a certificate for after settle- ment. (Signed W. T . SHERMAN, Major General. Hogrs, ML, Div. Mississierer, | BiG SuanTy, Ga., June 21, '64. | General Burbridge, Kentuchy selves “‘confederate partisans” or “guerrillas,” call for licu‘ruum-d ac- 1on on your part even on states’ rights.” The state tucky has not seceded. “‘southern their allegiance to the national vov coerce her out of our union and into theirs, the very dogma of coercion, upon which 8o much stress was laid at the outset of the war and which car- ried into rebellion the people of the middle or border slave states. But politics aside, these acts of tho so- called ‘‘partisans’ or ‘“‘guerillas” are nothing but simply murder, horse stealing, arson and other well defined crimes which do not sound so well under their true names as the more agreeable ones. Now before starting on this campaign I foresaw, as you re- member, that this case would arise 1 asked Governor Bramlette to at once organize in each county a small trustworthy baud under the sheriff if possible and at one dash ar- rest every man in the community who was dangerous to it, and alsu every fellow hanging about towns, villaves and cross-ronds who had no honest calling, material of which guerrillas are made up. But this sweeping ex- be rather arbitrary. The fact is, in Tost sight of in our laws and constitu- back a hundred years in cwvilization, law and everything else, and wili ward it, an side, real or even supposed danger. in a state of suspense and real danger, wrongfully accused. First. and district commanders that guerril- las are not soldiers, but wild beasts, unknown to the usages of war, enlisted, enrolled, officered, uniformod, armed and equipped by Somio re nized belligerent power, and must, detached from the from some army commander, to do some military thing. Of course we have recognized the confederate gov ernment a belligerent power, but deny their right to our lands, terri ries, rivers, coast and nationality, ad- mitting the right to rebel and move to some other country where the Jaws and customs are more in with their own ideas and pr . Seccond. Rival powers being in- t to protect life and property, ex necessitate rei to prevent anarchy, which nature abhors, the mlitary steps in and is rightfal, constitutional and lawful. Under the law every- body can be made to stay at home and mind his or her own business, and if they won't dbv that, they can be sent away where they won't keop their honest neighborsin fear of dan- or, robbery and insult. Third. Your military commanders, provost marshals, and” other agents, y arrest all males aud females who encouraged or harbored guer- or robbers, and you may canse them to be colleeted in Louisville,and | when you have enough,say 300 or 400, T will cauge them to besint down the Migsissippi through their “Guerrilla's” gauntlet and by a sail end them to a land where the ac iy tuke their negrovs and make a colony with laws and a future of their own. If they won't live in peace in such a gar- den us Kentucky, why we will kindly send them to another if not a better land, and surcly this would be a kind- ness and a blessing to Kentucky. 1 wish you to be careful thatno per sonalites are mixed up in this nordoes a full and generous love of country of of th state or county, form a cause of banishwent, but that devilish spirit which will not be satis fied and that makes wa for murder, arson a grades, perjury and all ecrimes human natures. My own prefere was and is that the civil authorines of Kentucky would and could do this in that state, but if they will not or cannot, then we maust, for it must be done, There must be an ‘“end sirife,” and the honest and mdustri ous prople of Kentucky and the who! world will be benefitted and rejoiced ut the conelusion, however arrived at. use 1o concealment in saying that 1 do not ohject to wen or women having what they call a * if contined to love of country and peace, honor and security, and even of a little family pride; but these bocome crimes when enlarged to mean o love of murder, of war, desolation, famine and all the hornd attendants of an archy of | am. with respect, your friend, W. T. SuErMAN, Major Geaeral Commanding, cal attempt to murder innocent women and childrem, Signed BURBRIDGE. The iollowing gre copies of the Commanding District of The recent raid of Morgan and the concurrent acts of men styling thom- of Ken- Her people by vote and by action have adhered to ernment and the south would now ercise of power doubtless ssemed to our country personal iiberty has been 80 well secured that public safety is tion, and the fact is, we are thrown go right straight to anarchy and devils if somebody don't arrest our down- srogren. We military must do we have right and law on our All governments and commun- ities have the right to guard against The people of Kentucky must not be kept lest a few iunocent men should be You may order all your post To be recognized as soldiers they must be it main army, be of sufticient strength, with written orders | 1 to| Wasnivaron, D. C.; 1864, Gen Burbridge, Lexigton, Ky ¢ Your communication by Gen. Noit and your telegrams received. Your proceedings against disloyal persons in your command are approved. The whole state has been made one com- mand, the military district of Ken- tucky, with the powers of & depart- ment commander, except when given by law to department commanders Orders have been sent by mail. You are authorized to establish headquar tors at any pokt you deem proper. You are also authorized to recruit for one year all the cavalry you can mount. T suggest whito and black be recruited as infantry, and mount them if needed. The promotion of Colonel Fairleight would be mado with pleas: ure, but the law forbids; will brevet him if desired. Your mode of mounting cavalry by seizing the horses of disloyal persons is approved, and you ars authorized to seize all you can lay your hands on, and vhat you do not need turn over to the quarter- muster’s depar ment for genoral use. (Signed) FE. M. Stantoy, Seoretary of War. Wasuineton, D C.) 1864 General Burbridge, L exington, Ky 1 hear that you arrested my relative Gennetson and released her on her showing you a letter from me. If 1t contains anything that allows her to talk or act treason, disregard it and treat her as you do other rebels. (Signed) A. Liscons. KNoXviLLE, 1864, General Burhridge, Lexington, Ky.: Suppress the circulation of a book entitled ‘‘Campaign and Services of Stonewall Jackson” within the line of your command. (Signed) J. M. ScioreL, Major General. Kn~oxviLLe, TENN,, } June 14, 1864, General Burbridge, Lexington, Ky : Your dispatch of yesterday an- nouncing your rapid transit and com- plete victory over Morgan is received. T most heartily congratulate you and your command and thank you for your efticient services. (Signed) J. M. SCHOFIELD, Major General. WASHINGTON, June 14, 1864, General Burbridge, Lexington, Ky. Have just received your dispatch of action at Cynthiana. Please accept iy congratulations and thanks for yourself and command. (Signed) A. LiNcoLs. NatoN, June 14, 1864 Losingion, Ky. Please accept fr.r yourself and the officers and soldiers of your gallant command the thanks of this depart- ment tor the bravery and successful operations of the last six daysin Kentucky, an achievement of valor, energy and success that will be regarded with admiration by all loyal people of the United States. (Signed) E. M. StanToN, Secretary of War. WasRINGTON, July 4, 1864, Maj. Gen. Burbridge, Lex ngton, Ky. I have the pleasure of informing you that for meritorious and distin- guished services you are on the recommendation of this department nominated by the president as a major general, and the nomination was unanimously confirmed by the senate. (Signed) E. M. StANTON, Secretary of war. WaASHINGTON, January 19, 1869, Dear Si—In the fall of of 1864 had occasion to visit Kentucky, when Gen. Burbridge was in com- mand, Tt was the concurrent opinion of the union men that he was ren- dering distinguished services to the cause in the discharge of his military duties, and all T saw of him made a very favorable impression on my mind, Yours truly, (Signed) 8. P. Clase. To the Presidont Frankort, Ky., January 4, 1865. Brevet M jor General § Sik—At the meeting of the union state convention held in this city, this day, the following was unani- wmously adopted, viz ; Resolved, That this convention recommend to the president of the United States that Gen. S. C. Bur- bridge, as a reward for his gallant services in the field, and for his able adwministration of the affairs of this military district, be appointed a brigadier general in the regular ariny of the United States. (Signed) Joux L. Scorr, Secretary. | A. H. Ransom, Ass't Seeretary. WasniNGToN, June 26, 5861, To th Presi 1, My Dear Sik —Gen. Burbridge was a galiant soldier throngh the w performed somo of the most a dutics as well as the most successful and effective exploits which were per- formed during the contlict, He had also to exerciso a most invidious but necessary authority in administering the nulitary aflairs of the state of { Kentucky his native state. T was in that state during his administration | and had occasion to know the diflicul- | tres of his position, and it was my be- | lief then, and st 1l is, he acted a sin- | eere and patriotic purpose throughout and by his energy and decision did much to put down the frightful dis orders ineident te a loyal war, then existing in Kentucky. r did his heart dictate the severity to which he was compelled tondhere to, 1 do not | believe any man possesses u kinder | nature, He acted from a sense of | duty and punished severely to sup. | press disorder and revolution Yours traly, d MoxtGomery Braie The next letter 18 from Robt, J | Breckeuridge, dated Lexington, Ky., June 8, 1869, and is warm in personal mmendation of Burbridge, Follow ing it is a briet letter from Senator i, Burbridge | (Sign Southern fecling," | Goodloe, of Kentucky, to Sceretary |and which had received no real | Seward the same strain, The others are from loyal Kentuckians of influenco and renuwn, all speaking | highly of Gen, Burbridge, in - Co., Council Bluff, | Towa, general agents for H. D, Rush’s | Golden Eagle Flour for Omaha, Orders solicited by telephone or of wise, | 0 C Cook & 16 deel2- Jw* PENDLETON IN 84, Movement to Give Him the Dem- ocratic Nomination, An Attempt to be Made to Take the Appointing Power from the Speaker, Fy the Members who Failed to Get on the Committecs They Wanted. Miscellaneous News From the Na- tional Capital GENTLEMAN GEORGE National Associated Pross. ™ XT DEMOURATIC CANDIDATY WasuiNaroy, January 8Tt iy announced to-day that Senator Geo H, Pendleton intends to be a eandidate for the democratic presidential nom ination two years hence. This - nouncement ismade directly by ex-Sor. geant-at-ArmsJohn G, Tfinmlw--u and is endorsed by Wash MeLean as correct. The preliminary plans for acanvass have just boen eompleted and Mr. Thompson left Washington to-day for Ohio to begin to put them in operation. Mr. Thompson, Me¢ Lean and several other politicians who favor Mr. Pendleton’s candidacy have had a number of conferecnes with Mr. P. during the holiday reccss. At some of them Mr, J. M. McLean, the editor of the Cincinnati Enquirer, has been present. Mr. Thompson makes no secret whatever of the na ture of the conferences or of the de. termination which was reached in them. Mr. Pendleton very frankly admitted that it was his desire to be the candidate of his state be- fore the next convention. COMMITTEE KICKERS. Nationul Associated Press | THE APPOINTING POWKR. WasHINGTON, January 8.—Tt will not be long before a resolution is of- ferod changing the rules and putting the power of committee nominations directly into the hands of the ‘houso. The indignation which Keifereommit- tees caused seems growing ratherthan abating, and while it is doubtful whethera rule can at present be adop- ted it is certain many favor it, and that there will be such plainness of speech when the resolution is adopted that Keifer will realizo in the plainest manner that the indignation is not tamporary, but which will embarrass him throughout™ his entire course. Members say to-night that there is no question but what a majority of the members of tbe hous2 really would be glad to see the rule changed, but many of them are afraid of the speaker's indignation, and fear their interests will suffer if they take any such positive action. Were it not for this fact the members who are now contemplating the introduction of the resolution believe that the rule could be adopted by a large vote. COMMITTEE MEETINGS National Assoc'ated Pross, MISSISSIPPI RIVER APPROPRIATION, WASHINGTON, - January 8. — The house committee on rules held a moet- ing yesterday to consiaer the proposi tion to permit the committee on the Mississippi river to originate its own appropriation bill. Page, chairman of the committee on commerce, made an argument against the proposition, claiming that the subject should be left to his committee, in order that it might be made to harmomze with other river and harbor improvem The committee took no definite action but it is thought there will be an un- favorable report made to the house, PENKIONS, The house committee on pensions held a meeting yesterday, but did no business beyond organizing and ap- pointing a clerk. JOE JOHNSTON onal Associated Pross, WHAT HE BAYS OF THAT INTEKVIEW, WasIUNGTON, January 8. —The Post published to-day the following impor- tant letter from General Joe Johuston to the editor of the Daily Post When an_article headed *‘Gieneral Johuston's Narative” appeared in the Philadelphia Press of December 18, 1 wrote the editor that the conversa tion on which the narative was evi- dently founded was not an inter- view and the article was inaccurate. I would not undertake to correct it. This was published by him promptly. As that article seems to be treated in the south as accurate and 1am charged with having accused Mr. Davis of ap- propriating the confederate funds car- ried through North Carolina, I wrote to deny the charges. T did not use the language imputed to me. What I did say was that the president onght to have accounted for the money. It is a well known practice | in this ana all civilized countries that thone having disposed of public funds | shall account for them What 1 said | on that occasion in an inciden- tal couversation with one whom 1 considered as much above the cluss of interviewers, therefore 1 had no fears | of the publication of what L might say. | said a good deal that nothing [ would induce’me to say for publica- tion, especiaily on the subject of funds at Greensboro. That part of }llu- CONVErsation wias in connection | with the subject of the application | twice made by me that part of the woney should be paid to the army | T then commandedin North Carolina pay was | for many months | (Signed K | - — Froak of « Domented Woman | National Awociated Pross Jounsron her home. Tt will be remembered she was on a visit to her brother’s house near by and =as missed by the family about 2 o'clock on the morning of the 26th of Decomber. Tt was sur- misod sho arose from bed sometime during the night while the family were asloep and committed suicide or met with foul play. Neither theory proved correct, however, for the woman on leaving her brother's houss went directly to her own, but actuated by mowe insane fancy, instead of entering the house she crept through a hole under tho sidewalk and remained there without food for almost & week. Sat urday night the sound of somoe one moaning came {rom under the side- walk, and was heard by soveral people about the house. . Search was at onco made for the person in dis tress, and a fow moments sufticied to prove that it was none other than Mrs. Lynch herself. The poor woman was in a sinking condition from the ordeal of her enforced captivity, and when moved to the house it was dis covered that her feet were frozen. and that she was well nigh exhausted- By good attendance her life was pre erved. She gave birth to a still born child. Hoay Snatching in England. National Associated Pross Loxpoy, January 8. —Howard Vin- cent, director of tho criminal investi gation of parliament, is trying to make light of the report of tho al- leged attempt to steal the bodies of Napoleon I, the prince imperial, from the vault at Chisselhurst, but in formation from good sources leads to the belief that such an attempt was really made and only defeated by the great strength of the granite sarcopha- gus, the lid of which weighs three tons. The empress is much agitated by the reports. This new American industry of stealing the bodies of distinguished or wealthy persons ap- pears to grow in favor among the criminal classes, The matter is creating great excitement y - where. It would be difficult for the most expert body snatchers to rob Westminster Abbey and the mausoleum at the Frogmore, where the Prince Consort's body rests, could hardly be entered even if dynamite were used. But in almost every churchyard in England the lord of the manor has his family vault which could be entered without difticulty and nothing could be easier than to steal the remains of Lord Beaconsfield and other eminent men whose dust is not in the nation's keeping at West minster. Nothing has been heard of the body of the Earl of Crawford and Balcarres, although the police profess to be on the trail. The queen was greatly alarmed when she heard of the attempted outrage at Chisel- hurst, and at once ordered special recaution to be taken at t'rogmore. bodies of . leon and the prince imperial will shortly be removed into Hampshire, where the ompress has built a mortuary chapel. e The Sherman Investigatin. National Associated Prese. WasHINGTON, January 8. —Thesen- ate investigating committee yesterday examined Geo. V. Bartlett, assistant disbursing clerk of the treasury do- purtment, who presenled his books. James Mullen, a stone mason, who claims to have done work on Secre- tary Sherman’s house while being paid by the treasury department, ‘was again before the committee. In this connection 1t may be stated that the supervising architect states the record for the time Mullen worked for the secrotary was kept and deducted from Mullen’s pay, and the bill for the same was paid by Sherman and ro- ceipted by Mullen. Several minor employes of the de partment were oxamined in connoc- tion with a matter heretofore inquired into by the commttee. The indications are that unless a lead is soon struck the taking of testi- mony will be soon ceased. Eloped With His Grandmother. Na‘lonal Awoctated Press. New Anpany, Ind., January 8. Officers are on the lookowt for Ellis Thurman and his young grandmothor, elopists from near Grandview, Spen: cer county. John C. Thurman, aged near 70, married & young woman of 20. His grandson, Ellis Thurman, lwed in the house with hiw and be- fore the venerable grandfather's honeymoon was half over the gracoless young grandson was setting up to his beautiful grandmother like a young kitten and a hot jamb, making love to her with all his might. He secms te havebeaten the old man's time from the start and u few days ago took his youthful grandma and cloped with her. The venerable grandfather is disconsolato, s The Iowa Senatorship. National Amsociated ¥ross Des Moises, Towa., January 8, — The Washington dispatches Friday night, stating mutual arrangements had been made botween the friends of Kirkwood and Wilson and acquiesced in by the president, wherchy Kirk wood would remain in the cabinet till after the election here, struck the Wilson camp like a bomb. It is ac cepted as a bargain and sale which will have a very reactionary effact, and Gear's friends’ are quite sanguine to- day. It is evident Irwin is gaining ground for speaker, and well posted outsiders consider his eloction quite probable A logisiative caucus will be held Monday night. - Found Dead in a Slecper. Nations: Amocistod Fross Toreno, January 8 Jones, M ), Me., who with his wife was on the way to Shingleton, Pa., ona visit, was found dead ina sleeper on the Wabash train which reached this city early this morning General Jones was well known as a leading attorney of his town, and was also editor of the Macon City Herald General F. A Cuicaao, January § tina Lynch, the dei Mrs, Chris uted woman who | b | disappeared from her home on Ne- | verel | braska street Christmas ove, | was | found under the sidewalk in front of He had been in poor health “since the rly part of the war, having heen so y wounded in 1862 while serving a8 colonel of the Thirty ninth Indiana cavalry SOON TO BE SETTLED. Argument in the Trial of Guiteau Commenced. Interspersed with Those De- lightful pats Between the @iants Conducting It. In Which the Assassin, Usual, has to Contribute a Bril iant Share, Guitean Cannot be Hanged Before May Anyhow a8 Nutional Associntod Pross. Wasnisaron, D, O, Januvary 7. The court room was crowded this morning, the majority of the specta- tors being ladios. The counsel for the prosecution wore late, the jurymen were in their seats at 10 4. m. and Judge Cox entered a fow minutes later. Guiteau looked stoadily around He wore a stubby beard of a week's growth, The court announced it was neces sary for the jurors to be detained to- day. Mr. Davidgo was of the same opinion, thinking the whole time would bo ocoupted in argument. The foreman whispered to a deputy mar- shal that his follow sutferers and him- solf did not wish to miss anythmg in the trial. Davidge then addressed the court in support of the prosocu- tion. He urged that no irresistible impulso or inspiration had been proven and that legal insanity had not in any sonse been proven. Herasiike par- ticularly to direct the attention of his honor to the fact that the first prayer of the prosecution was ciroumscribod within the limits of human intelli- gence. It simply professed to impress that legal rule in respect of how much intelligence it required to make a human being answerable for violation of the law. The whole import of the second prayer was that no human being whose intellienco renched the standard described in the first prayer is responmble for the violation of the law, vo matter what his feel- ings, his passions or his indiflerence to duty. The third prayer asked the court 10 define just whenneanity was a defense from the stand point of the law, and the fourth set forth that moral irresponsibility had not been established in this case. With regard to the prayers for the defonsy, their tendency as far as they infringed on the rules lnd down by the prosscution was simply to produce confusion and obscurity, In his judgment this ought not to be entertained for an instant. Counsel called the prisoner an assassin several timew when contrasting him with his iilustrious victim, Giuiteau said never a word. And a man,continued Davidge, might be proved partially insane, but if he rose to a point of intelligence that ho knew the difference between right and wrong and knew what he was domng was wrong, then he was responsible for the crime. The whole argument was in this strain One or two sharp words passed be- tween Scovillo and the speaker, who was dignified but somewhat angry in manner at the timo. The prisoner shouted excitedly at one time: “‘T did not know the difforence between right and wrong. I had nochoice; If T had I would not have done it. ““We will see hereafter,” solemnly added Mr. Davidee, ‘‘whether the prisoner has any choico or not.” Counsel then read from authorities, showing the responsibility of a person sufforing from insane delusions, con- tonding that if the accused was con- scious his act was contrary to law he was punishable, Judge Porter relieved Davidge from ling the citation, stating that the voice of his as«ociate was hoarse. The suthoritics quoted inclured prom- inent cases in English jurispraden In accordanco with the proliminary remarks of Davidge, Scoville, notic- ing o desire on the part of Porter to intersporse a few words, apparently for effect, protested warmly agaiost any specchus being worked in to the injury of tho defeuse. Portor answered indignantly, and declared in ropulchral tones that this farce must end. They had arrived at a period in the trial where they stood on their rights, and the counsel for the defonse must not make such broadeast and unfounded accusations. “1f,” excluimod Porter, ““the gentle man does not receive a rebuke from the court, he will r o it from others. T have muercly read the deci- sion of Jud o Davis in the Coleman case. “Yes,” bawlod tho assassin, “the jury went against it,"” ST hope there will be no al between the counsel now,” Cox sternly. “Here isa man,” said Davidge, soverely, “who pretonds to be msane. Listen to him. He not only knows the differenco between right and wrong, but he knows the law aud re- cent decisions in criminal cases,” CThat's all right,” shouted Guitean, “Tdon’t pretendto be any more insane than you are. | was affvcted with transitory mania," ¢ man,” remarked Davidge, “knows the law as woll as any counsl here.” cation aid Judge “That's all right,” again shouted Guiteau, 1 don’t protend that [ dow’t. [Laughter,] T am as well posted as you are. “Phree weeks ago,” continued Day- idge, “Seoville elaimed the follow was a fool.” “That’s 8o,” shouted Guit ville 18 a fool.” [ Laughte I want him off the case, and can do the business myscli,” “Keep silence!” ordered the court “Yes, your hovor,” answored the prisoner, “‘but I want this idea of in sanity repudiated Davidge then declared there could be no question « uilt or irresponsi bility. There was another quarrel between AU, the counsel, and Guitoau quietly in sisted he desired merely to get every- thing square before the jury. Dnvhlm\ said he desired by the first prayer to put the constitution Jof Guiteau beyond the possibility of a doubt, They were not trying a man of ordinary intelligence but a lawyer. There was here another break on the part of the aseassin in his usual strain, and he was with great difficulty suppreased. Davidge continued, oxplaining the prayers still further, and said he sim- ply called for instruction to the jury that legal insanity was definable by law and was founded in disease ; that it was not an impression of the per- | ceptive facultios or a degraded moral sense. A man is in the custody of his own mind and must be ju«lgw{ by his aspiration. Aftor recess the jury did not attend. Mr. Reod began bis argument for the defence. The only point wasif the jury had any reasonable doubt of the samty of the accused they should acquit him, Reod’s argument was substantially to the effect that there was nothing in the record of the case opposed to the theory of Guiteau's insanity. He re- forred to the question of jurisdiction as fatal to conviction, Tho prisoner was very quiet, main- ly occupymg himself with the pro- duction of autographs. Mr. Reed read a number of cases in support of his views.which were to the offect that a reasonable doubt should always be admitted in cases of the character of that now on trial, At one juncture of the argument tor the defense, Davidge interrupted with the romark that the question of irresponsibility was to be decided by the court,and the question of insanity Ly the jury. Judge Cox approved this suggestion Reed bocame oloquent and said “Tt would be & disgrace to human ity if the prisoner, even if there were only a slight donbt of his sanity, should die on the gallows,” This point was ropeated several tumes. Guiteau kept quiet, but while pre- tending to read and be writing auto- graphs looked up approvingly every now and then. In concluding Reed urged that the benefit of the doubt should be given the assassin, Scoville intimated it was queer the jury was mnot present during tho specches for the defense. Davidge repelled the insinuation and there was was another smart pas- sage-at-arms, Porter got up excitedly and said: 1t was not right such remarks should be said.” Reed said: ‘It was unfair the jury should not be present at this time.” The court said it was understood the jury should remain away during the arguments if they thought fit. Scovillo apologized, sarcastically saying, ‘‘Of course it was accident, The jury should be absent.” Mrs. Scoville got excited, and said in tones to be heard all over the room: ‘‘There is no accident ahout it. It is desizn. They want the poor man hung.” Guiteru for a wonder said nothing. Scoville then addressed the court very much in the line of Reed, urging the question of responsibility was the most impertant for the jury to pass on, and contending acquittal must fol- low if due consideration was given this point. He rapped Porter on the antiquity of his tragical, dra- matic style which, he said with ironi- cal manner, was the fashion, as the points of law submitted was the priso- ner was responsible for his actions, Porter half rose from his seat, but contented himself with a shake of his fingor without saying anything. The prisoner laughed and loered at the audience when he vbserved they were in accord with the point made b Seoville, The court adjourned till Monday. Judge Wylie, of tho supreme court of the District of Columbia, siys even if Guitcau is convicted he cannot be har ged under thirty days after the conrt meets in noxt term, April 4th. Congress passed this act to govern murder trials in the District, and if the time for the meoting of the court had not been changed since Garfield was shot Guiteau could not be hanged till August, even if convicted. May is the earliest possible date. Fires. Natlonal Amociated Prows. $1. Lovts, Mo,, January 7.—At 6:35 last evening a tire broke out in J. K. Watking & Co.'s wholesalo hat, cap and glove store, No, 606 Washington avenue, The flumes, in a few sec- onds, communicated with Pettes & Leuth, the largest artists’ emporium and art gallery in the city, The con- tents of the two buildings burned like tinder, and the entire five departiment was ealled upon, Hard work contined the fire to the two buildings These were valued at $350,000, snd were an. entire loss; insured for about $300,000. During the fire a guest turned on the water in the Landoll, floo ing the hotel and sing about $7,000 dam- rom water. Shorb & Boland’s wholesale paper store, 610 Washington avenue, was damaged $50,000 by water, and Mack & Co., wholesale clothing, lost $10,- 000, also hy water. Several ladies in the Lindell were injured in the panic which occurred during the firo opposite, but no one wis seviously injured, The total loss will reach 425,000 partially insured, — - Small Pox: Natlonal Associated Press. Chicaco, January 8, —Yesterday terror was created in the viciniry of O and State streets by a lunatic badly ken out with small pox running ab large and persisting in rubbing against ery person he met on the street, T'he man appeared to he a Bohewmian, awed 25, and evidently escaped from the pest house. Reporters were all two busy to follow up the case. WasHINGToN, January B, — Superin- tendent Thowpson of the railway mail service department, in compli- ance with the request of the National board of health, have issued an or- der directing all employes to be at onee vaceinated,