Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-02-03

Dh 4 an y. 1907.
the Curtis case) there was extraordinary miscon-
duct on the part OF the jury charged and by agree
| ment between counsel. Mr. Mills was appointed to
| take the afhdavits of the jurymen The court does
not take the testimony OF jurors. except in cases
| OF extraordinary misconduct There was no re-
| iatlon between the two cases. as IL was not even
| alleged in this case that the Jurors read the pa
| perS.
Mr.. coRKHILL READS THE JURORS AFFTDAvITs
! DENoUNCING THE SIGNATURES ON THE NEWSPAPER
AS FoRGERIES.
MIR. Corkhill here banded the order made by the
! court in the Curtis case to the court. He then
| read the affldavits OF the jury. beginning with
| That of the foreman, Mr.. John 2. Hamlin.
Mr.. Hamlin's affidavit set forth that he
believed the signatures In question were
| iorgeries:. that grelt care had been
| taken not to admit newspapers 10 the jury room;
that several times attempts had been made for
some purpose to introduce such papers into
the the Jury rooms; that he had seen SNYDER
rooms; that he had warned his associates against
him, believing him to be a suspicious charact er:
that he did not believe that Sny der found the
new wspaper In the room OF Juror as alleged. and
! tnat room 92. in which IL was said the paper was
| found was occupied by one OF the deputy marshals
! The af1davits OF the other jurors We're read in
/ order. all denouncng the signatures is forgeries
and corroborating Mr. Hamlin's statement
The district attorney said he had the affdavitS
OF two experts in handwriting, hut would not sub
init them, as he did not think their evidence was
! admissible.
! NORMAN WARDS AFFIDAVIT THAT he BELIEVES
SNYDER TO BE A THIEF AND FoRGER.
| He read also the af1idavt of Norman Wizard set
ting forth that he believed SDyler To be a thief
| and forger, and knew him to be a detective
employed In oubornng perjury. and that he had
| purloned papers from his room in a manner SIM
!iar 10 that In which he was alleged to have taken
the newspaper from the rooms OF tie jury.
SNYDER IN THE POLICE COURT RECORD.
a1ttIaVit |. n =
of Snyder on charges preferred by Norman Wiari
IN 1919. and the record OF the Police Court, show
| ing that Snyder had been held by the Police Court
Tor the grand jury on a charge of the Larceny of
some letters were also submitted by the district
attorney.
AFFIDAvITs OF THE BsHIFFs.
He presented also the aiiidavits OF BaliTs Curtis
and Searie, who had charge OF the Jury, sustaining
the statements of the jury. and mentioning alleged
suspicious movements on the part OF JOS F. Hay
deh and Fredk Ii. Snyder about the jury room.
SURPRISE.
MI Corkhill offered a surprise In the last affi-
davlt. Which was that OF Henry T. Bragdon. OF
Fredericksburg, Va, one OF the men represented
10y Mr.. Scovile as witness to the prisoners con-
duct In Lafayette square. In this affidavit Brag-
don said that he took no particular notice OF the
man. Could not Identify bin as the prisoner
| Mr.. CoGkliiil. commenting briefly upon the aft-
davits, said he did not how the fife could be
stamped out or anything more effectively.
Hr SccVIIe arose TO move that certain portions
OF the atndavitS which We're a SANDER UpOn Snyder
and had no relevancy to the issue be excluded.
HARDLY PROPER.
There was good deal. Judge Cox said, in the
affidavts in relation to Snyder which WAS hardly
proper.
Mr. SCOyiIEe Defends Snyder.
Mr.. Scoville denounced the effort to defame
Snyder The only man. he said, who raised his
voice against Snyder was this MN Wizard These
matters had been put on record, he said, for the
sake OF gratifying the malice OF this man Wizard.
MR.. sCOvILLE GETTING SMALLPOX INFECTED LETTERS.
This attack Snyder, Mr.. Scoville said, was
parallel to the conduct Of the SympathZerS OF the
district attorney about the country. who were now
sending him (ScOville) letters filled with the virus
or smallpox, and that was fact From the coun-
try around come these death messengers to him,
and from this center they proposed to send out
this poison to Kill the reput ation OF Snyder. He
did not think the court should lend its aid to such
a Slan1er.
Mr.. Corkhill said the men that had sworn that
these signatures were not theirs We're worth
thousand SnyderS.
THE COURT TO ORDER NORMAN WARDS AFFIDAVIT
SUPPRESSED.
The court said that except SO far the affidavit
OF Mr. Wizard 1mpeaoAed the credit Of Snyder he
did not believe that it was admissible, and he
would make an order to have it suppressed.
The Court to take the Motion under ad.
visement until Tomorrow.
After further discussion the court said that es-
pecially as Mr.. Scoville had brought up some new
matters he did not feel that he ought to act upon
this motion without taking it under advisement
until tomorrow morning at least II there were
any law points to be raised it would be good
time to raise them now.
Mr.. ScOville sent for his law books, and while
waiting there was temporary suspension OF buSi-
ness. MI. Scovfle, rising, asked if he understood
the court reserved his decision as to taking testl
mOny.
Ehe Court On the Question Of the
Jurors, Signatures.
The court said he did not feel at liberty to devise
any new rules OF practice for this case The orii-
nary way in which person acquires knowledge
OF handwriting that would Qualify him to testify
was to see the person in question write; or to
have such intercourse with the person as To enable
him To recognize the writing. In this case, he
understood, it was proposed to offer testimony
simply based upon a comparison OF handwriting
He quoted various authorities, and said he was
satisfied ne could not admit testimony, either oral
or by affidavit, tending to show, by comparison
merely, that these signatures resembled those of
others.
Mr.. sCOvILLE PERSISTENT.
Mr.. Scoyille said none OF these Jurors had sworn
that they had seen their associates rite Or knew
their writing, and therefore their testimony could
not be considered. Mr.. John w. Guiteau on the
contrary, had sworn that he had seen these par
ties write, and knew their handwriting
MR. CORKH1LLS POINT.
Mr.. Corkhill said he would call the attention OF
the court to the fact that no allegation was made
that any of these jurors had read the paper.
GALL DONE FOR EFFECT"
''It has all been done for effect,' remarked Mr..
Davidge.
Mr.. ScOville said 1t was true no such allegation
had been made, because he would ask no one to
make an affidavit to anything he did not know,
he simply presented the matter to the court as he
had found it
MIR. ScOvilIe's Argument.
Mr.. Scoville then presented a number of authori-
ties to the court regarding the msbehavior of ju-
ries and the taking Of testimony concerning it, Mr.
Scoville said he admitted that, as rule the ani-
davit OF juror could not be taken for the pur-
pose of impeaching their verdict He argued that
1t would be proper to question the jury in this
case. In relation to the new evidence he claimed
to have found, he said his affidavit was based on
what Messrs. Green and Bragdon had stated to
him. 1t seemed that Mr. Bragdon, who was an
employe In the Treasury department, had since
seen fit to make another affidavit. He had no
doubt that II put on the stand he would not swear
In accordance with the statement he had made to
him QMr. ScoVille.) He would, however, ask that
the affidavit be considered In relation to Green
who was witness to the same facts. He then
argued at length, citing authorities In sustaining
his motion.
Mr. Davidge Replies.
Mr. vi, ,lrrof In to Mr. Gao