Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-30


George Winters, with Mr. johnson, have consti-
tuted' the death watch. These gentlemen have
taken turns of IL hours each in noting every action
made by the prisoner. This is an extremely disa-
prisoner is inclined to be ugly, which, however,
mas not been the case recently. When the prisoner
was In his cot at night tae death watch seated In
MS chalr, like the prisoner, counted the hours.
------>>~--
A STRUGGLE FOR LIFE.
Efforts Made Since the Trial to Save
Guiteau from the Galiosrs.
THE PROCEEDINGS BEFORE THE couE1s-APrLIcA-
TIoNS TO THE PRESIDENT-THE DEATH WARRANT.
The efforts on the part Of Guiteau's counsel to
have the verdict OF the jury aside began at
after it was announced, and were continued with
great pertinactty When every legal resource had
been exhausted, an attempt was made to indu e
the President to grant, at least short respite in
order that Guiteau's mental condition might be
investigated by commission. On Saturday, Janu-
airy 18th, before sentence was passed, Mr.. ScovilIe
filed motion for new trial, alleging that the
verdict was uncertain, it did not specify which
count or counts OF the indictment 1t was founded
upon: that the trial was extended from one term
INTO another term OF the court without authority
OF law; that the court had jurisdiction, as the
PRESIDENT died in New Jersey; that the court
erred In oyerruiing certain prayers OF the defence,
excluding proper evidence, &c. that the jury mis-
behaved in reading, or having read to them, news
papers calcul ated TO prejudice their minds, and
that new and material facts had been discovered.
The main question raised was alleged
MISCONDUCT OF THE JURY,
and the averment was made on the authority OF an
affidavit made by Frederick II. Snyder, who
Claimed 10 nave found In one or the rooms used by
the 1nry, at the National hotel, a newspaper on
the borders OF which were written the names OF
several OF the Jurymen. Snyder was contradeted
hatly by the affidavits OF the jurymen and the
oniceTs Ia charge OF the jury, and several affida
Wits were filed aSsailing his reputation. Mr.. SEQ
Vile claimed to have found two men who saw Gut
feau at different times during the month OF June
In La Fayette square acting in manner that
caused them to think he was insane This was
met by an affidavit from one OF the men named by
MT ScoVllle disclaiming any knowledge whatever
motion having been denied Mr., Scoyilie began the
preparation of an elaborate
BILL OF EXCEPTIONS,
Which was signed by Judge Cox on the 3Oth of
March. This bill OF exceptions made pamphlet
OF SO pages, and comprehended 80 distinct excep-
lions to testimony, and 43 exceptions to passages
In Judge CoxS charge, besides general exceptions
to the action OF the court in overruing the motion
In arrest OF judgment When the April term OF
the Court in General Term was convened. On
April 25th. it at once gave its attention to the
case Mr.. Reed appearing In court for the prisoner
That day Chief Justice Cartier received q letter
from Mr. Scoville announcing his withdrawal from
the case.
MR. sCovHLE's WITHDRAWAL FROM THE CASE
In this letter Mr.. Scovllle said -" With my con-
victlon as to the mental infirmities Of the pris-
oner, and his consequent irresponSibillty, have
endured and would suffer yet longer his tngrati-
tude and abuse were able to give further time
ana service to his defence. The imperative cause
Of withdrawal is my inability, without absolute
ruin to my family and myself, to give further time
to this cause away from home. do not
Wish 10 ootrufe my personal affairs upon the
court, but cannot refrain from saying that my uu-
fortunate and reluctant connection with this case
has been the source of untold trouble to me-
Gulteau says that he regrets that his relatives
had moi, all died twenty-five years ago. It GER
tainly wouli have been better for himself and for
the world, at least for the late Garfield and Sco-
vile portion OF mankipd, II he had never been
The arguments on the bill of exceptions began
On Monday, May 9th, before CHIEF Justice Cartier
closed on the Isth, NJ REED appearing for d the
prisoner and District Attorney Corkhill and Mr.
M e. ns M Red "a son9ed
ton and the exception to the admission OF the
testimony OF Mrs. Dunm1re, Guiteau's divorced
nouncd the decision of the court, affirming the
Judgment OF the court below. judge James de-
livered an exhaustive opinion, sustaining the Ju-
common law, but on high federal ground.
OTHER LEGAL PROCEEDINGS.
Mr. Reed appeared in the Court in General Term
again On the ID OF June with q motion for a re-
hearing on the ground that the verdict did not
specify which count OF the indictment It was
founded upon. This motion was denied on Mon
day, June 5. A few days later Mr.. Reed appeared
in the Criminal Court, before Judge Wylie. and
made motion to correct the record in the case SO
as to specify the counts on which the Indictment
was founded. This motion, it was understood syas
Intended to be preliminary to an attempt to bring
sas question npm OF before the United
motion. Mr.. Reed subsequently Consulted with
several justices Of the United States Supreme
Court without, 4 is understood, getting much en-
enlargement Having made formal apDIication
to MT. Justice Bradley for writ OF habeas cOrnfls
passed on the ground OF non-jursdiction, that JUS
tice, on the 18th OF June, denied the application
and sustained the decision OF the Court in General
Term. -
APPLICATIONS TO THE PRESIDENT
There being no further legal steps to be taken.
efforts were then made in other quarters to save
Guiteau. On the 10th instant Miss Cheyaillier of
Boston. secretary Of the National society for the
Protection OF the Insane, arrived here with a ne
tftion to the President asking for a respite for
Guiteau. DR.. George NJ. Beard, OF New York, came
here on the following day, and, together with DR..
w. w. Godding, Rev. DR. Hicks and Miss Chevatl-
lier, called upon the President and urged him to
grant q respite until Guiteau had been examined
oy commission OF medical men. The papers sub
m5sea 9y them a were made the subject Of eonsd
decision unfavorable to the condemned man was
announced. '" 70
AN HFToRr BY THE AssAssN's BROTHER.
On Sunday, the 25th inst, John W. Guiteau,
brother Of the. coaAenaned. arrived here, and on
the R7th had an anteftieW with the President IN
which ha submitted 4, c6fnpfIation Of lctters and
facts mot publisbeA before, respecting the mental
condition Of hts erQtAet. TAef president. however.
declined 10 :fntertese with the course Of tustice
The letters presented by Mr.. apiteau were mostly
written by hisEsfher ana BY John H. Moves, OF the
Oneida Community, during the years that the