National Republican. (Washington City (D.C.)) 1872-1888, 1882-06-03
A NEW MOVE IN GulTEAu,s CASE.
Counselor Reed Questions the Honest,
of the Record.

Yesterday morning in the court in general term
Mr.. Charles H. Reed, counsel for Charles ]. Gui.
team, presented to the court petition for the re-
hearing of the case, The petition is as follows
at appears by the record in said cause, on page
1867, that the said defendant, at the proper time
during his trial in the criminal term of said court
by his attorneys asked and prayed the court to
give TO the jury an instruction known as prayer
No. 10, which was and is rs follows: The jury are
instructed to find separate verdict upon each
count in the indictment; and inasmuch ns 1t is
charged IN the first, second fourth, fifth, seventh,
and eighth counts of the Indictment in this case
that death of the President took place IN the
county OF Washington, in said District of Column
bia, and there is no evidence of such fact, there
fore the jury directed the accused is not guilty
upon each OF said counts separately 1t appears
on page $40 of the record in said cause that
THE COURT REFUSED TO GIVE
said instruction TO the jury. 1t also appears in
| exception thrty-two that the defendant in apt
and proper time, in due form Of law, excepted 10
the decision of the court In refusing to give said
instruction to the jury as prayed II appears con-
clusively from the undisputed record in said cause
that the deceased, James a. Garfield, died III the
county of Monmouth, and State of New Jersey
| aud that no evidence was oileTedsor produced
which showed or even tended to show, that he
died in the District of Columbia. therefore re.
spectfully submit that the said instruction
| SHOULD HAVE BEEN GIVEN TO THE JURY
The defendant had and has the lawful right to
hive an honest and truthful record in said cause,
and should not have been convicted and should
not now be embarras ed by fall record. 1t also
appears by the record, on page 2,3i9, that the jury
found general verdict of guilty against tho de-
frndant upon all the counts OF the indictment,
and that the defendant reserved, by express con
sent of the court an exception to the refusal to
grant the instructions prayed by the defendant,
and to the charge. l submit that the law re-
| quires that an indictment for murder
| SHOULD ALLEGE THE PLACE OF DEATH,
and that the evidence should sustain such allegn-
| ton. The district attorney considered such an
allegation necessary for each count in the indict-
| meut in this case contains an nverment Of the
place of death. lit was necessary to aver place
of DEATH II was necessary to prove 1t in this trial
All the presidents and authorities in England and
| America require such an allegation, EXCEPT tho
siugle case in 1G Webb Kansus), cited III my brief
| In this case. l have referred to few of the
authorities in my brief, but can cite numerous
| others If tho honorable court so desires. This
this question and gave no decision upon it.
cannot believe this court will strike dawn the
| presidents and authorities in order to impose
| upon this defendant false record. In his behalf
ask aud petition this court for truthful record,
cOnfd2 ntly believing my prayer will be promptly
"isignedl CHAs. II. REED,
Attorney for defendant.
| "JUSE Q, 1882"
A little desultory conversation followed between
| Mr.. Reed and the Chief Justice. Mr.. Reed claim
| ing that he wanted an honest record the Chief
Justice replying that he thought 1t was honest.
| The Chief Justice finally said he would have TO
| consult his associates, who head the argument
| before rendering decision, and that decision
| would probably be rendered tOdny.