The M’Naghten Rule, while quickly adopted in the United States as well as in England, did little to improve the reputation of the insanity defense. In America, it became known as the “insanity dodge,” the refuge not of the mad but of the guilty. Celebrity cases only made matters worse. In 1859, Congressman Daniel Edgar Sickles was found not guilty by reason of temporary insanity after shooting to death Philip Barton Key, the son of Francis Scott Key, author of “The Star-Spangled Banner.” Thirteen years later, Edward Stokes, the man who murdered James Fisk, Jay Gould’s partner, used the same defense and spent only four years in prison.
It came as no surprise, therefore, when, on October 14, Garfield’s assassin submitted his plea to Judge Walter Cox. “I plead not guilty to the indictment,” Guiteau stated, in a plea that he had drafted himself. His first and primary defense was “Insanity, in that it was God’s act and not mine. The Divine pressure on me to remove the president was so enormous that it destroyed my free agency, and therefore I am not legally responsible for my act.” Although Guiteau laid blame for the shooting squarely on God’s shoulders, he made it clear that his faith in divine intervention—at least when his own life was at stake—remained unshaken. “I have entire confidence in His disposition to protect me,” he wrote in the plea, “and to send me forth to the world a free and innocent man.”
Guiteau would follow the lead of M’Naghten, Oxford, Sickles, and Stokes, and attempt to use his insanity to save his life. Legally, he was allowed this argument, and there was nothing anyone could do to prevent it. It was clear to all involved in the case, however, that the American people would accept no verdict but guilty, no sentence but death. “Guiteau should have a fair trial. Everything that can be urged in his behalf should be patiently heard. It is the right of the meanest thing that bears a human form,” one editorial argued. “But such a trial, such a hearing, in a community of intelligent beings can have but one result.”
The case of the United States v. Charles J. Guiteau began on the morning of November 14, less than two months after Garfield’s death. Guiteau’s attorney was his brother-in-law, George Scoville, who had come to his rescue countless times in the past with a place to live and loans to keep him alive and out of prison. Scoville was a patent lawyer, and knew almost nothing about the criminal justice system, but he was one of the few lawyers in the country willing to represent the president’s assassin. Even Scoville admitted, “If I didn’t think the unfortunate man was insane, I would not defend him at all.”
As difficult as it was to find a competent defense attorney, it had been nearly impossible to assemble a dispassionate jury. When asked if he would be able to render an impartial verdict in the trial of Guiteau, one prospective juror had replied, “I think he ought to be hung or burnt or something else.… I don’t think there is any evidence in the United States to convince me any other way.” It took three days of jury selection and 175 men to find 12 jurors. In the end, however, Guiteau faced a jury that was, if not unbiased, at least diverse. Deciding his fate were a machinist, two grocers, three merchants, an iron worker, a retired businessman, a restaurant manager, a cigar dealer, and two plasterers. Eleven of the men were white, and one was black.
Before the trial began at 10:00 a.m., a crush of people gathered outside the courtroom, clutching tickets and staring at the closed doors. Deputy marshals wearing bright red badges surrounded the throng, checking the authenticity of their tickets and examining media passes, which, “for the first time in anyone’s memory,” journalists were required to carry.
The courtroom itself had been renovated just for the trial. A temporary floor had been installed, and more seating added. Half the seats were reserved for lawyers, distinguished guests—a group that included even Frederick Douglass—and journalists. The rest were first come, first served. Those fortunate enough to find seats were so worried that they would lose them during the noon recess that they carried picnic baskets when they arrived in the morning, and had their lunch on their laps.
Guiteau had planned to make an opening statement that day, but the judge refused to allow it. Frustrated, he turned to the long row of reporters seated behind him and handed them his statement. It was not a defense of his actions, or even an argument for insanity, but an indictment of the men who were, he argued, the president’s true murderers—his doctors.
The situation, Guiteau insisted, was perfectly clear. “General Garfield died from malpractice,” he wrote. “According to his own physicians, he was not fatally shot. The doctors who mistreated him ought to bear the odium of his death, and not his assailant. They ought to be indicted for murdering James A. Garfield, and not me.” A few days later, Guiteau would himself announce his argument to the courtroom, interrupting a witness who was describing the scene at the train station when Garfield was shot. “I deny the killing, if your honor please,” he said. “We admit the shooting.”
Day after day, as the trial slowly advanced, Guiteau repeatedly tried to insert himself into the proceedings. Often, his outbursts were harsh, humiliating critiques of his brother-in-law’s legal skill. “Now, don’t spoil the matter on cross-examination,” he shouted at Scoville at one point. “That is the way you generally do. You spoil everything by cross-examination.… You are a jackass on the question of cross-examination. I must tell you that right in public, to your face.”
When he wasn’t attacking his own attorney, Guiteau attempted to question witnesses, refute testimony, address the judge directly, and even make public appeals for legal and financial assistance. After learning that a fund had been established for Lucretia and her children, he made an announcement to the courtroom. “The rich men of New York gave Mrs. Garfield $200,000 or $300,000,” he said. “It was a splendid thing—a noble thing. Now, I want them to give me some money.”
Finally, Scoville himself asked the court to force his client to keep quiet. Judge Cox, determined that there not be any possible grounds for appeal, was reluctant to remove Guiteau from the courtroom. There was little he could do, therefore, beyond issuing repeated warnings and moving the defendant farther from the witness stand. Guiteau’s “declarations,” the judge would later complain, “could not have been prevented except by resorting to the process of gagging him.”
The more Guiteau spoke, the more apparent his insanity became. He was highly intelligent and surprisingly articulate, but his mind did not work like that of a sane man. “All the links in the chain are there,” George Beard, a psychiatrist who would interview Guiteau on four separate occasions, explained, “but they are not joined, but rather tossed about hither and thither, singly, like quoits, each one good and strong of itself, but without relation to any other.” When Guiteau speaks, Beard said, “his insanity forces itself constantly to the front, breaking in upon his eloquence.”
Guiteau spent nearly a week on the stand, talking about his childhood, his years at the commune, his life as a traveling evangelist, and his motivations for shooting the president. The prosecution did everything in its power to prove that he was not insane, but simply immoral. Scoville countered by tracing the history of insanity in Guiteau’s family—from an uncle who had died in an asylum to several aunts, cousins, and even Guiteau’s own mother.
Before the trial had ended, thirty-six experts would testify on the subject of Guiteau’s sanity. Scoville placed most of his hope in a controversial but widely admired young neurologist named Edward Spitzka, who had studied in Vienna and Leipzig and was well known for openly questioning, even attacking, the most powerful psychiatrists in the nation. Even before meeting Guiteau, Spitzka had written in a medical journal that, if the defendant, “with his hereditary history, his insane manner, his insane documents and his insane actions were to be committed to any asylum in the land, he would be unhesitatingly admitted as a proper subject for sequestration.” In the courtroom, after Spitzka testified that he had examined Guiteau and found him to be insane, Scoville asked, “Did you have any question on that subject?” Without hesitating, Spitzka replied, ?
??Not the slightest.”
Determined to drown out men like Spitzka, the prosecution brought to the stand nearly twice as many experts as the defense. The star witness for the prosecution was Dr. John Purdue Gray, the superintendent of the New York State Lunatic Asylum. Gray had spent two days interviewing Guiteau, and was convinced that his only ailment was moral depravity. “A man may become profoundly depraved and degraded by mental habits and yet not be insane,” he insisted. “It is only depravity.”
Guiteau listened to these testimonies with avid interest. Although he had pleaded insanity, he was anxious to make clear that he had been insane only at the time of the shooting—not before, and certainly not after. Now, he argued, he was as sane as any man in the courtroom. As Gray attempted to define insanity for the jury, explaining that it was a “disease of the brain, in which there is a … change in the individual, a departure from himself,” Guiteau abruptly broke in. “That is my case,” he said. “I shot the President on the second of July. I would not do it again for a million dollars, with the mind I have got now.”
The central question of the trial—whether or not Guiteau was insane—seemed to most Americans a waste of time. Insane or not, they wanted to see him hanged, at the very least. “Hanging is too good for you, you stinking cuss,” a Union veteran had written to him. “You ought to be burned alive and let rot. You savage cannibal dog.” A farmer from Maryland tried to accomplish what William Mason had failed to do. As the prison coach carried Guiteau from the courtroom back to the District Jail one day, he rode up on his horse, drew his pistol, and fired at the prisoner. Once again, the shot missed Guiteau, but left him terrified, with a singed hole in his coat.
The trial, punctuated by Guiteau’s constant outbursts and heightened by testimony from members of the Senate, the secretary of state, and, by letter, even President Arthur, finally ended on January 26, 1882. At 4:35 that afternoon, after more than two months of testimony, the prosecution rested. Less than an hour later, the jury returned with a verdict.
“Gentlemen of the jury,” the clerk called out, his voice harsh against the perfect silence of the courtroom, “have you agreed upon a verdict?” The foreman, a man named John Hamlin, replied that they had. “What say you,” asked the clerk. “Is the defendant guilty or not guilty?” “Guilty as indicted, sir,” Hamlin said.
Before Hamlin had even finished speaking, the courtroom erupted in thunderous applause. So deafening were the cheers that the bailiff’s shout for order could hardly be heard. When the crowd, under threat of expulsion from the courtroom, finally quieted, one voice alone rang out. “My blood be on the head of the jury, don’t you forget it,” Guiteau cried. “That is my answer.… God will avenge this outrage.”
Even after he had been found guilty and sentenced to death, Guiteau believed that he would be set free. It was only a matter of time—and presidential influence. He had already written to Arthur several times, demanding a full pardon, but after the U.S. Supreme Court denied his appeal, he wrote again. The letter was a window into Guiteau’s strained mind. “I am willing to DIE for my inspiration,” he wrote, “but it will make a terrible reckoning for you and this nation. I made you … and the least you can do is to let me go.” Then, suddenly switching tracks from dire threat to friendly advice, he offered what seemed to him a reasonable compromise. “But I appreciate your delicate position,” he wrote, “and I am willing to stay here until January, if necessary.”
Besides Guiteau himself, the only people who believed that his life might yet be spared were his brother and sister. John Guiteau, although he had long been deeply ashamed of his younger brother, and had often been bitterly angry with him, could not bear to see him die. “Whatever your impressions may be,” he had written to Charles after the trial ended, “I want you to know that I feel towards you as a brother and a friend, and shall, in the short time remaining, do all I can to save your life.” He was convinced that Charles was insane, and that if the American people could only be made to understand that fact, they would want to see him locked away in an asylum, not hanged. “The public have never had the facts, nor the Court,” he wrote to Charles. “And they know not what they are about to do.”
Finally, John also wrote to the president, seeking not a pardon, but simply a stay of execution. In his letter to Arthur, he asked only for enough time to present further evidence of his brother’s insanity. He hoped that the president would give him “an audience before a decision is reached, that I may make a brief statement of my brother’s unfortunate life, which will explain much of what now appears to his disadvantage.”
Arthur refused to see John, knowing that, if he gave Guiteau’s brother even a few moments of his time, there would be a public outcry. He did, however, agree to meet with the psychiatrist George Beard, and with Miss A. A. Chevaillier, an advocate for the insane. After listening to them for twenty minutes, Arthur forwarded their appeal to his attorney general, Benjamin Harris Brewster. Brewster replied almost immediately, advising Arthur to reject the appeal. Two days later, the newspapers reported that, after careful consideration, the president and his cabinet had come to the conclusion that there were “no grounds to justify Executive interference with the verdict of the jury and the action of the courts.”
Frances Scoville, who had for most of her life been more of a mother to Charles than a sister, also tried desperately to stay the hand of the court. She directed her appeal, however, not to Garfield’s successor, but to his widow. In a letter to Lucretia just two weeks after the verdict was read, she openly begged for her brother’s life.
Dear Madam:
Humbly I address you, trusting you will not turn a deaf ear even upon despised Guiteau’s sister.
All these weary months I have patiently waited until the time should come for me to speak: when, after the verdict, which I believed would be “Not guilty by reason of insanity,” I could say without shamefacedness, “My heart bleeds for you and the sainted dead.”…
I have counted the hours for the time when I could boldly say to you, as I have said from the moment when the terrible news was brought me on that dark day in July: “He was brain sick, deluded, crazy; forgive him, even as Christ shall forgive us all.…”
In Heaven we know, as we are known. The sainted Garfield knows now that he “had to do it,” and I feel sure if he could speak he would say, “Forgive that deluded man, even as I forgive him; safely keep him from doing any more harm, but forgive.”
Lucretia never replied. When she could wait no longer, Frances packed a bag, took a train from Chicago to Cleveland, Ohio, walked up to the home where Garfield’s widow was living, and knocked on the door. Lucretia and Mollie were down the street, and so Frances, who had traveled under the name of Mrs. Smith, was asked to wait in the library. When Lucretia returned home to find that Charles Guiteau’s sister was waiting for her, she went up to her room and sent down word that she would not see her.
Mollie was sitting on the front steps when Frances left. When she later learned who the strange visitor had been, she felt nothing but fury and outrage that she had “dared to come.” For her father’s assassin, Mollie would write bitterly in her diary, “nothing could be too awful… & my heart is like stone toward him.”
By the day of his execution, even Guiteau had accepted that there would be no stay, no pardon, no fearsome act of God to save his life. When John Crocker, the warden of the District Jail, appeared at his cell door just after twelve noon on June 30, 1882, Guiteau was sitting on his cot, wearing a black suit that he had paid a prison worker to wash and press the day before, and shoes that he had sent to be polished that morning. Beside him was Reverend Hicks, a Washington minister who had visited him every day for nearly a month, and with whom Guiteau had become so close he had made him the executor of his will. “I’m fully resigned,” Guiteau had told Hicks the night before, when he had woken just before midnight and asked to see the minister. “God has smoothed over the road to glory which I will travel tomorrow.”
Now, as he looked up and saw Crocker standing before him, Guiteau’s face whitened, but he quickly stood and, holding Hicks’s hand, listened quietly as the warden began to speak. “With the events of the past year crowding around you now, as the hours of life enfold around you,” Crocker said, “I find myself called upon to perform a last solemn duty in connection with the death of our President.” Then, his voice trembling slightly, he read aloud the warrant for Guiteau’s death.
After Crocker had finished, Guiteau asked of him a final favor. He wanted to give the executioner’s signal, to choose for himself the moment of his death. He had written a prayer that morning, he said, and planned to read it on the scaffold. When he was ready, he would drop the prayer. Crocker agreed.
A few minutes later, Hicks, Crocker, and a small contingent, which included several guards as well as the executioner, followed Guiteau as he was led from his cell to the prison’s northeast corridor, where a scaffold had been erected. As they passed a window, Guiteau stopped to look out on a bright summer day, green hills swelling under a blue sky. He paused at the window for just a moment, and then, without being asked, turned away and walked on.
Finally, the procession came to a set of stairs that led down to a narrow courtyard, at the far end of which sat the scaffold. The courtyard was flanked on the east by the jail’s outer wall, and on the west by tiers of cells rising sixty feet to the ceiling. The cells had been emptied, and the tall windows on the eastern wall had been covered by heavy curtains.