Daily globe., 1882-01-29

Which He Bases claim Tor New
Triai-A Convenient Witness Produced
to show that ths Jury Could Read
The Plea of Jurisdiction also ImpIeadt d
-NotwithsiandiDg, Corkhiil Confidently
Predicts GuiteAu Must Hang Before
June 50.
WASHINGTON, Jan. 2S.-In the criminal
court this morning Scoville and Reed, counsel
fer Guiteau, appeared, and the former in
auired of the court in respect TO the form of
his bill of exceptions, whether he would be
compelled to except specifically, or whether
general exceptions would suffice. Judge Cox
stated that under the practice of the court he
would have to except specifically. Scoville
then stated he had intended to file a motion
for a new trial, but would like to have until
Monday The district attorney objected, and
Scoville stated in that case he would file a
motion this afternoon in the clerks office.
The district attorney asked the court to as
sign Tuesday next tor argument upon the mo-
tion, but upon representations from Scovllle
that he could scarcely be able to enter upon
argument at that time, the court Declined to
fix day Al present.
GROUNDS OF THE MOTION.
WASHINGTON Jan. 2S.-This afternoon Sco-
vile filed with the clerk of the supreme court
of the District of Columbia the papers on
which he bases his motion, or motions, for
new trial Not being familiar with the prac-
tice iu this district, Seoville took the caution
to file two IN btions, to assure himself against
the possibility of being deprived, through any
legal technicality, of the right of review by
the court in general term. The papers filed
in support of the motions are The prisoners
affidavit; the affidayit of Frederick FL. Snyder,
as to finding of newspaper in the room
occupied by the jury, under circumstances
indicating it had been read by the jury;
the affidavit of j. W. Guteau, that
he is acqt tainted with the signatures
of five Jurors, whose names are written on the
margin of the newspaper, said 10 have been
seen by the Jury; that ne has seen them write
their names and believes the writing upon
said newspaper to have been made by the
Jurors named. The last affidavit Is that of Mr..
Scoville, setting forth newly discovered evi-
dence, upon which he based the motion for
new trial.
The first pa per is motion for a new trial
upon the following grounds
First-By reason of the uncertainty in said
verdict, IN that the jury thereby found defend
ant etgIilty as indicted whereas the indict-
ment consists of different counts, varied from
and inconsistent with each other IN matters
of uostance.
Second-That said verdict of the jury does
not declare which count or counts of the in
dictnieut it was founded upon, aud several of
the counts being materially different from
others, the defendant is not advised by the
form or substance of said verdict as 10 the
finding of the jury upon the material facts of
the death or place OF death OF deceased.
Third-For the reason that the trial of this
cause was commenced at the June term, 1881,
of this court and was not concluded in the
same term ofcourt, but was extended into the
December term without authority of law.
Fourth-For that this court had no juris-
dlctiou OF this cause by reason of the death of
deceased having taken place outside of the
District of Columbia.
Fifth--For that the court erred in overrul-
ing each and all prayers upon questions of
law asked by counsel for defense, and in refus-
ing to instradt the jury as requested in each
of fourteen prayers proposed by them.
Slxth--That the court on the trial of this
case III excluding proper evidence offered by
the defense, as set forth in the bill of excep-
tions.
Seventh--That the court erred on the trial
of this case in admitting to go to the jury i'm
proper evidence on the part of the prosecution,
as SHOWN in the bill of exceptions.
Eighth-That the court erred in comment
ing improperly during the trial upon the con-
duct of defendant and in entering into an im-
proper arrangement with the district attorney
without the knowledge of counsel for de-
fendaut) whereby the jury and expert wit
nesses for the prosecution during portion of
the trial might observe certain conduct of the
defendant, to subserye the purpose of the
prosecution, (the defense being insanity,
without the restraining power of the court
being exercised until those purposes were ac-
compIshed, TO the great prejudice of the de-
fendunt
Njuth-MIsbehavior of the jury in reading
or hearing read to them newspapers calculated
to prejudice their minds against defendant, as
shown in the affidavits of Frederick II. Sny-
der, George scoville and j. w. Guiteau, filed
herewith.
Tenth-By reason of new and material facts
unknown at the time of the trial and not as
certainable by reasonable diligence on the part
of defendant or his attorney, having come to
light since tine trial, shown in the affidavit
filed herewith
Eleventh. That the verdict is contrary to
the evidence.
Twelfth-That the verdict is contrary to the
law of the case.
TSgned1 GEO. SCovILLE,
Defendants Attorney.
The second paper filed is q bill of eXcep-
tions, and contains the same points made in
the mention for new trial.
GUITEAU's AFFIDAVIT.
Guiteau, in his affidavit, says as he is re-
the whole matter of new trial to Seoville
The affidavit of Frederick H. Snyder, of Jer-
sey City, sets forth that he was guest at the
National Hotel during portion OF the month
of December, and occupied room near those
occupied by the jury in the Guiteau case. On
one occasion, he said, the doors of one of the
rooms so occupied was standing open, but
with NO person therein, and on the table of
said room vas newspaper, and knowing it
was forbidden She jury to have newspapers,
he (Snyder) slipped in and took the
paper, which he found was a copy
of the Eeemimg Critic, containing an
account of the attempt of Jones to
shoot Guiteau, and an editorial denouncing
the prisoner. On the margin was either the
names or initials of five of the jurors. In the
interests of justice he took the paper to Sco-
Vile Attached to this affidavit is copy of
the criticism with the names of the Jurors
mentioned written in ink on the margin.
The affidavit of Scovile is to the effect that
he believes the names of the jurors were writ
ten on the margin of the paper described in
Snyde affidavit by the jurors themselves,
and that since the trial new and important
facts showing the insanity of the prisoner
have come to his knowledge. The main reli-
ance of the defense is the affidavit of Snyder
and the copy of the Critic appended to IT,
which, it is claimed was seen and read by the
jury pending trial.
ric Of