Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-02
THE CASE OF GUITEAU.
MR. REEDS MOTION FOR 4 REHEARING.
PROCEEDINGS IN COURT TO-DAY.

This morning, in the Court In General Term, Mr.
Chas. H. Reed, for ChaS j. Guiteau, presented a
petition for rehearing OF the case. He says In
his petition: "It appears by the record in said
cause, on page 1857, that the said defendant, at
the proper time during his trial in the criminal
term OF said court, by his attorneys, asked and
prayed the court to give to the jury an instruction
known as prayer No 13, which was and is as fol-
lows: The Jury are Instructed to find a separate
verdict upon each count In the Indictment; and
1nasmuch as it is charged in the first, second,
fourth, fifth, seventh, and eighth counts Of the In
d1ctment in this case thai death OF the President
took place in the county OF Washington, in said
such fact, therefore the jury are directed the ac
cused is not guilty upon each OF said counts sepa-
1t appears on page 1,s49 OF the record in said
cause that the court refused to give said instruc
faOn to the jury.
defendant In apt and proper time, I'm due form OF
law, excepted to the decision OF the court in refuS
Ing to give said instruction to the jury as prayed
1t appears concluSively from the undiSputed
record In said cause that the deceased, James A.
GARFIELD, died In the county OF Monmouth and
state Of New Jersey, and that no evidence was
offered or produced which showed, or even tended
TO show, that he died In the District OF Columbia,
l therefore respectfully submit that the said in
The defendant had and has the lawful right to
have an honest and truthful record in said cause,
and should not have been convicted, and should
not now be embarrassed by false record
1t also appears by the record, on page 2349, that
the jury found general verdict Of guilty against
che defendant upon all the counts of the indict-
ment and that the defendant reserved. by express
consent OF the COURT exception to the refusal to
grant the instructions prayed by the defendant,
submit that the law requires that an iniict-
ment for murder should allege the place Of death,
ana that the evidence should sustain such allega-
ton. The district attorney considered such an
allegation necessary, for each count in the indict
place OF death II it was necessary to aver place
OF death 1t was necessary to prove it in this trial.
All the precedents and authorities In England and
single case In 16 webb {Kansas) cited in my brief
IN this case. have referred to few OF the arl-
thorties in my brief but can cite numerous Others
II the honorable court so desires.
This court in its opinion in this cause did not
refer to this question and gave no decision upon
the precedents and autorities in order to impose
upon this defendant false record. In his behalf
ask and petition this court for truthful record,
confidently believing my prayer will be promptly
lsignedl CHAs H. REED,
The Chief Justice and Judge James, of those
who heard the case, were on the bench, as also
Judge Cox. and Mr. Reed stated, on the opening
waived notice and was present.
Mr.. Reed said =" AS 1 have stated in this peti-
which submitted to your honors." - '''0 " '''
Chief Justice Cartier" You referred to good
many an 9th Of them during the argument, didn't you7"
Judge CARTIER This question constituted the
central idea of tie controversy before the court"
MI: Reed" Yes, sir. The reason present this
intimation in reference to It,"
Judge Cartier" The court decided this ques-
place OF death was immater1al to the crime; that
the murder was committed in this jurisdiction,
and we decided that the offence of murder con-
sisted In the violence. and not In the death.n
.Mr. Reed-"I understand that"
Judge Cartter.-" Although death was an essen
ttal badge OF the crime"
Mr.. Reed.-"I understand that but, If your
honor please, has not the defendant right to
Judge Cartter-"The record is truthful, isn't it?n
Mr.. Reed.-"HOw is 1T? general verdict OF
guilty on AL all the counts when there was no evil
Judge Cartter.-"Well, these motions for rehear-
ing are not subject OF r gument"
District Attorney Corkhill-''That is just what
was going to remark to your honor.' =.
Mr.. Reed-"What want is an honest record +"
District Attorney Corkhill.-'There is nothing
to show upon what count the verdict was rem
Judge Cartter.-"It is very honest"
Mr.: Reed."I don't agree with your honor"
District Attorney COrkhilL-"Will your honor
decide this motion tomorrow morning?"
Judge Cartter.-"As soon as we can consult over
it-proDably tomorrow morning. Judge Hagner
Is not present, and these motions for rehearing,
under the practice of the court, are submitted to
the judges who constituted the court at the argu-
ment."
Mr.. Reed-"I suppose So"
Judge Cartter.-"And it would necessarily In
vOlve consultation with him."
Mr.. Reed-"The petition shows all ask"
Judge Cartter.-"The petition is all we'll enough.
Mr.: Reed
Mr.. Reed-"Well, have tried to have 1t so.'
AFTER THE HEARING.
After these proceedings, Mr. Reed was asked by
STAR reporter what he proposed to do further.
He replied that the time for the execution OF his
client was drawing OminOuSly near, and that he
proposed to use all honorable means possible to
avert that DOOM but declined to state what he in
tended to do
GAINES, THE CoLoRED PREACHER, AND GUITEAU.
James W. Gaines, the colored preacher, who Wis
tied Guiteau on Decoration day, does not live in
Freedman's village but is now residing in this
city. In a note to THR STAR he says that he went
to Jail to see Joseph Anderson, who accused OF
teau and have tsM With m @sHe remarksds @ ne s
do themselves great injury TO hang him, as he was
Gods man. He also referred to the destruction
tnat followed the crucihNUn OF Christ. He said,
'if am hung the blood win be on the American
people, then offered prayer, which seemed to
affect him greatly. This closed our religious exer-
else. Then he bade me good -bye,' and asked me
to call at the earliest opportunity"
Admitted to Practice.
The following gentlemen were admitted to prac-
tice before the Supreme Court of the District to-
day on motion Of the examining committee: NJ.
G. Emery, jr., Eugene Rosis, Henry Calver, Thos.
j. Johnston, Harry n Low, Edward r. Williams,
John A. Perry, Charles P. Smith, Jason Yuraun,
Francis Tourney, Almar1n C. Richards, Thomas E.
ROchfOrt, Joseph P. O'Brien, Thomas j. White,
| James T. Powell w. Riley Decide, Albert C. Fow-
Ter, Francis w. Carson, VIM. 7. Kent, VIM. B. Rob
erts, Lafayette Fitzhugh.
In respect to the applications OF T. w. Noyes
and j. A. Johnson, the committee reported that
the applicants had passed examinations "highly
creditable to themselves and satisfactory to the
committee in every respect except that the period
OF study in the manner prescribed by the rules OF
the court has not been In either case fully COM
pleted. Both gentlemen have studied Law for
more than three years. but not for that period OF
time under the direction OF an attorney The COM
mttee are thoroughly satisfied as to the Qualica-
uOns OF both these applicants to enter upon the
practice of law; but in view OF the specific terms
OF the rule have not felt at liberty to do than
to report these facts to the court" The admission
OF these gentlemen was postponed until the period
OF study In the manner prescribed by the rules OF
court should be fully completed.
RELEASED John NJ. Rodgers and
Henry l. Plum, who were sentenced to six
months each in jail yesterday by Judge Smell for
selling Louisiana lottery tickets, came into court
with their counsel Mr.. JEFF. Chandler, to-day and
were released on paying 500 each.
| VERDICT AGAINST THE DIsTRICT.-To-day, in the
| Circuit Court, Judge Macarthur, the case OF
Browning agt the Dissatisfaction for damage to
| property by overflow OF sewer, for which ,00O
| was clafmed-was brought to close by a verdict
| for plaintiff for 81, 500
/ Sporting Notes.