The National tribune., 1882-06-10


Guiteau will pay the forfeit of his terrible
crime on the scaffold. Mr.. Reed, his counsel,
continues his efforts in behalf of the prisoner,
and Guiteau has not yet abandoned hope OF
being saved. When the court met in general
term on Friday of last week Mr.. Reed pre-
sented petition for a rehearing of the case
In this petition he says:
1t appears by the record in said case, on
page 10Y, that the said defendant, at the
proper time during his trial in the criminal
term of said court by his attorneys, asked ana
prayed the court to give to the jury an lnstruc-
tion known as prayer No. Is, which was and is
as follows: "The jury are Instructed to ma a
separate verdict upon each count in the lndlct-
ment: and inasmuch as it is charged in the first,
Second, fourth, fifth, seventh, and eighth counts
of the indictment in this case that the death
of the President took place in the county of
Washington, in said District of Columbia, and
there is no evidence of such fact therefore the
Jury are directed the accused is not guilty
upon each of said counts separately"
1t appears on page 1S49 of the record in said
cause that the court refused TO give said in
struction to the jury.
1t also appears in exception 30 that the de-
fendant in apt and proper time, in due form
of law, excepted to the decision of the court
in refusing to give said instruction to the jury
as prayed.
it 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. therefore respectfully submit that
the said instruction should have been given to
the jury.
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 23i9,
that the jury found general verdict of guilty
against the defendant upon all the counts of the
Indictment, and that the defendant reserved,
by express consent Of the court, an exception
to the refusal to grant the instructions prayed
by the defendant, and to the charge.
submit that the law requires that an indict-
ment for murder should allege the place of
death, and that the evidence should sustain
such allegation. The District Attorney con-
sidered such an allegation necessary, for each
count in the indictment in this case contains
an averment of the place of death. If it was
necessary to aver place of death, it was neces-
sary to prove it in this trial. All the prece
dents and authorities in England and America
require such an allegation, except the single
case in 16 Webb (Kansas), cited in my brief in
this case. 1 have referred to a few of the au-
thorities in my brief, but can cite numerous
others if the honorable court SO desires
This court in its opinion in this cause did
not refer to this question and gave no decision
upon it. cannot believe this court will strike
down the precedents and authorities in order
to impose upon this defendant false record.
In his behalf 1 ask and petition this court for
a truthful record, confidently believing my
prayer will be promptly granted.
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 open
ing of the court that District Attorney Cork
hill had waived notice and was present.
Mr. Reed said: "As have stated in this Pc
tition. referred to few authorities in the
brief which submitted to your honors."
Chief Justice Cartier: You referred to
good many of them during the argument,
didn't you?"
Mr. Reed: eyes, sir"
Judge Cartier: "This question constituted
the central idea of the controversy before the
court"
Mr.. Reed ayes, sir. The reason present
this petition is that the court, in its opinion,
made no intimation in reference to it."
Judge Cartier: "The court decided this
question, and, right or wrong, we decided that
al 10 +bao
that the murder was committed in this iuris-
diction, and we decided that the offense of
murder consisted in the violence, and not in
the death"
Mr.. Reed: "I understand that"
Judge Cartier: although death was an es-
sential badge of the crime"
AIr. Reed: II understand that, but if your
honor please, has not the defendant a right to
a truthful record?"
Judge Cartier: "The record is truthful, isn't
it?"
Mr.. Reed: Glow is it? A general verdict
of guilty on all the counts when there was no
evidence to sustain some OF them"
Judge Cartier: well, these motions for re-
hearing are not subject of argument"
District Attorney Corkhll: "rhat is lust
what l was going to remark to your honor"
Mr.. Reed: "What l want is an honest rec
ord"
District Attorney Corkhill: "There is moth
ing to show upon what count the verdict was
rendered"
Judge Cartier: at is very honest"
Mr.. Reed: g don't agree with your honor"
District Attorney Corkhill: "Will your honor
decide this motion tomorrow norning?"
Judge Cartier: "As soon as we can consult
over it-probably 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 argument"
Mr. Reed: /" suppose So"
Judge Cartier: and it would necessarily
involve a consultation with HIM"
Mr. Reed: "The petition shows all ] ask"
Judge Cartier: The petition is all well
enough, Mr.. Reed"
Mr. Reed: "Wcll, ] have tried to have ii So :"
After these proceedings, MI Reed was asked
what he proposed to do further. He replied
that the time for the execution of his client
was drawing ominously near and that he pro-
posed to use ali honorable means possible to
avert that doom, but declined TO state what he
intended to do"