Page:Federal Reporter, 1st Series, Volume 10.djvu/173

0UIT£AD'8 casb» 161 ���Gtjitbau's Case. �Charge of Judge Cox, of the District of Columbia, delivered on the twenty-fifth day of January, 1882, in the celebrated case of Charles J. Guiteau for the asBassination of James A. Garfield, late president of the United States, on the second day of July, 1881. Plea of insanity. Verdict: Guilty. �The Court. Gentlemen of the Petit Jv/ry: �The constitution of the United States provides that — �"In all criminal prosecutions the accused shall enjoy the right to a Speedy and public trial, by an impartial jury of the state and district wherein the crime shall have beencommitted; « « * tobeinformedof the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence." �These provisions are deemed the indispensable safeguards of life and liberty. They are intended for the protection of the innocent from injustice and oppression. It is only by their faithful observance that gnilt or innocence can be fairly ascertained. �Every accused person is presumed innocent until the accusation be proved, and until sueh proof no court dare to prejudge his cause or withhold from him the protection of this fundamental law. �With what difficulty and trial of patience this law bas been admin- ibiered in the present case, you have been daily witnesses. �After all, however, it is our consolation that not one of these saored guaranties bas been violated in the person of the accused. �If he be guilty, no man deserves their protection less than he does. If he be innocent, no man needs their protection more, and no man's case more clearly proves their beneficence and justice. �At length the long chapter of proof is ended ; the task of the advo- cate is done ; and the duty now rests with you of determining, with sueh aid as I can afford you, the issue between public justice and the prisoner at the bar. �No one can feel more keenly than I do the grave responsibility of my duty; and I feel that I can only discharge it by a close adherence to the law as it bas been laid down by its highest authorized ex- pounders. �Before proceeding, I wish to interject here a remark upon an epi- v.l0,no.2— 11 ��� �