Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-02-04

WASHINGTON, Feb. S.-When Judge Cox
entered the court this morning the prisoner
was Immediately brought in and placed in the
dock Before talk 'ng his seat, Guiteau looked
over to his counsel and said in a quiet and
rather pleading tone: could stat that table
ifyour honor please?"
Judge Cox-"ff there is no objection from
counsel"
Guiteau -"Haye you any objection, Colon
el?n
Col. Corkhill-"No, sir"
The prisoner then took seat at the table
by the side of scoville, and taking out of his
coat pocket roll OF manuscript addressed the
court in pparent belief and with an air of
principal counsel in the case:
''If the court please, before this motion is
made, desire to correct a few errors that
have crept in.
At this point he was stopped by the court.
Col. Corkhill objected 10 any remarks from
the prisoner.
Scovile also objected. and thought anything
of the kind had better be postponed until the
business before the court was disposed of.
Scoville continued: "If your honor please, l
have contemplated that some additional time
should be given for this motion. | also have
assurances from q prominent member Of this
bar that he will assist me next week."
Corkhill asked, "Who is the gentleman"
Scovlle declined to give his name at pres
ent, except in confidence to the court. Scoville
then desired to make a new motion relative
discovered for asking new trial.
These grounds, be stated, were unau-
thorized conversations with the jury, by
outside parties; and second, the subsequent ad-
mission Of an expert that he thought Guiteau
insane, but did not dare to say SO, for fear it
would injure him in business and in public es-
timation. Scoville read an affidavit sworn and
subscribed TO by himself, setting forth in de-
tail the grounds stated and added: 81 have
not yet prepared formal motion based upon
this affidavit, but presume it will be sufficient
if do so at any time during the day.
Corkhlll-"May it please your honor, the
time for fling such motions and affidavlts has
expired
Judge Cox-"Well, we will postpone coz
sideration of this matter until the motion now
before the court is disposed Of"
Scoville proceeded to read af1ldavits
and other papers filed by him,
with his motion for q new trial.
T. H. Snyder, the maker of affldavits upon
which .Scoville relies mainly to sustain his
motion, sat Immediately il the rear of SEQ.
vile. After reading the Snyder affidavit, Sco-
criticisms which he learned had been made by
the prosecution.
Col. Corkhill, in reply, said neither Snyder
nor Scovile are on trial. When they are on
trial in this court will attend to them. At
present the subject under discussion is whether
new trial shall be granted to the convicted
murderer of james A. Garfield
upon the paper which formed the basis of six
of Synder's affldavits, are base forgeries, and I
expect to prove them so to the satisfaction OF
the court aud the country. have not accused
Scoville of the forgery and never supposed
him to be guilty of it. Corkhill then read the
afidavits of each member Of the jury in
which they most positively denied ever having
seen or read copy OF the Critic or any other
paper during the time they served as jurors
upon the trial Guiteau.
Following these was read the affidavit Of
Norman Wizard to the effect that he had known
Snyder for fifteen years, and to his knowledge
said S0yder il theief; forger and blackmaler
and that be Wizard would not believe him I'M
der oath.
Col Corkhill also read affidavits of Johu L.
Sargent, formerly detective in Washington,
Detective McElfresh, who arrested Snyder
several years ago on q charge Of grand lar
ceny, also the affidavit of George e. Curtlss,
bailiff in charge of the room from which
Snyder alleges copy OF the Critic
with jurors names upon ~ was
obtained; affiaut did not purchase
Critic during the trial, or have one in hls
room; that the only persons that attracted the
suspicious Of the jury or bailif5 were T. II.
Snyder, Mr.. scoville and J. II. Hayden. These
parties passed the rooms on several occasions
without having any ostensibe business, and
were objects of suspicion to both bailiffs and
jury. Aflant further swears that at the hour
when Snyder SWore he found the Critic in the
balliff's room he (Curtiss) was there and the
jurors were also in their room, and that it was
impossible for Snyder to have taken Critic
from his room unless he had first placed it
there.
The affidavit OF A. r. Searle, another bailif
in charge OF the jury, was then read. It was
of the same tenor as the preceding one. Also,
the affidavit of Henry Bragdon, the party al.
luded to by Scoville in his affidavit, setting
forth newly discovered evidence as ground for
a new trial. # Bragdbn's affidavit sets forth
that he saw man in Lafayette park, as al
legged and remarked of him, that he looked like
a disappointed office seeker or lunatlc, but be
does not know whether It was Guitcau or not
Corkhill, In conclusion, submitted that the
affldavits he had read simply sus'
tanned his allegation of forgery
and fraud and therefore he would refrain from
adding any argument. Scoyille in reply Sc
verely denounced the attempt to blacken the
character of Snyder. 1t was on par with the
letters sent 10 MIN kScOFllle) lmpreS natSd Will
smallpox virus, and the virus injected into
these afidayits, all instigated by the persona.
spite of one man, Norman Wizard, would go ou
through all the land and years might be re.
quired to undo the iniEry thus proposed to be
done to an honorable man, the equal OIL
any one in this room.
Corkhill raised laugh By asking in tone
of innocent inquiry, You are not speaking o.
Snyder, are you?
= Scoville replied with marked emphasis
Eyes sir, am. He is an honorable man."
He then asked the court to expunge FROM
the affidayits everything of the character hs
had described.
Judge Cox replied that the objection wa:
clearly well taken and that much OF the aft
davit objected to could not be considered al
evidence. Judge Cox then stated he could moi
vary from the well defined rules of practice
as to tho admission of afidavits at the time
for hearing the motion, but as new question;
were submitted In the pending motion, ht
would take time to mature his decision and
would not announce it until tomorrow morn
ing. He would, however, be pleased to heal
any legal authorities that counsel might deslrt
to site.
Scoville then proceeded to argue his motion
citing authorities as presidents.
Guiteau sold autographs in court and real
lied several dollars. Scoville spoke one hour
In support of his motion and cited seyera
stories.
Davidge discussed at some length the shy