Daily Los Angeles herald., 1882-01-29

in matters of substance.
Second, That said verdict Of the
jury does not specify which count
or counts Of the Indictment it was
founded upon and several of the
counts being materially different
from others, the defendant is not
advised by the form or substance
Of said verdict as to the finding of
the jury upon the material facts Of
the death or place of death of de.
ceased.
Third, For that the trial Of this
cause was commenced at the June
term Of this Court aud was not
concluded In the same term of the
Court, but was extended into the
December term without authority
of law.
Fourth, For that this court had
no jurisdiction of this cause by rea-
son Of the decease having taken
place outside CT the District OF
Colum bia.
Fifth, For that the Court erred
Ia overrulipg each and all prayers
upon questions Of law asked by
counsel for the defense, and in re-
fusing TO instruct the jury as re.
questsd in each of the fourteen
prayers proposed by them.
Sixth, That the Court erred on
the trial of this cause In excluding
proper evidence offered by defend
ant, as set forth in the bill Of ex-
ceptions.
Seventh, That the Court erred on
the trial Of this cause in admitting
to 90 to the jury improper evidence
on the part Of the prosecution, as
shown In the bill of exceptions.
Eighth, That the Court erred In
commenting improperly during
the trial upon the conduct OF de-.
fendsnt, and in entering into an
arrangement with the District At
torney, without the knowledge OF
counsel for the defendant, whereby
the jury and expert witnesses for
the prosecution during 4 portion OF
the trial might observe certain CON-
duct of defendant to subservs the
purpose OF the prosecution, the de-
fence being insanity, with the re-
straining power of the Court being
exercised until those purposes were
accomplished, to the great preju.
dice of the defendant.
Ninth, Misbehaviour of the jury
In reading or having read to them
newspapers calculated to predju-
dice their minds against the DE.
fendant, as shown in the afhdavits
of Frederick H. Snyder, George
ScOville and John w. Guiteau,
flied herewith.
Tenth, by reason Of new and ma
terial facts, unknown at the time
Of the trial, and not ascsrtainable
by reasonable diligence on the
part of the defendant or his attOr-
ney, having come to light since
the trial, AS shown in affidavits
filed herewith.
Eleventh, that the verdict is con-
trsry to the evidence.
Twelfth, tina, the verdict is con.
trsry to the law of the case.
(Signed) GEORGE CovILI.E,
Defendants Attorney.
Guiteau in his affidavit says
that, as he is restrained of his lib
erty, he is compelled to leave the
whole matter OF the new trial to
Scoville.
The affidavit of Frederick II.
Snyder offers to set forth that he
was O guest at the National Hotel
during a portion of the month ol
December and occupied room
near those occupied by the jury in
the Guiteau case. On one occa.
sion he saw the door of one of the
rooms 90 occupied standing open,
but with no person therein, and on
the table in said room was a news
paper; and, knowing that 1t was
forbidden the jury to have newspa.
pers, he (Snyder) slipped In and
took the paper, which he found
was copy of the Evening Critic.
containing an account OF the at.
tempt of Jones to shoot Guiteau
and an editorial denOuncing the
prisoner,a and on the margins either
the names or the initials of five of
the jurors. In the interest Of JUS
tice hestook the paper to Scoville.
Attached to this affidavit is the
copy Of the Critic alluded to, with
the names of the jurors mentioned
written in ink upon the margins.
The affidavit of ScOville is to the
effect that he believes the names of
the jurors were written on the mar
gin OF the paper described In Say.
der's affidavit by the jurors them
selves, and that since the trial new
and material facts, showing the in
O. nifty of the prisoner, had come to
his knowledge.
The main reliance Of the defense
is the affidavit Of Snyder and the
copy of the Critic appended to 1t,
which, 1t Is claimed, was seen and
read by the jury pending the trial.
A careful examination of the writ.
ing on the margin OF the newspa.
per, with the signatures of the
jurymen whose names appear
thereon, shows q striking resem-
blancs, and establishes strong
case of circumstantial evidence.
The District Attorney, however,
asserts that this matter of tamper-
ing with. and irregular or improp.
or conduct on the part of the jury,
as set forth In Snyder's affidavit,
will be disposed Of in shert order
by the prosecution. The jurymen
themselves are quite indignant.
OabInes Rumors.
NEW YORK, Jan. 28.-A Wash.
ington special states that Judge
BlatchfOr is now more promi-
nently spoken OF as Justice Hunts
successor, that Crowley does not
want the Secretsryship Of the
Treasury, and that Judge Folger
will remain In his present position.
NEW TO-DAY.