Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-02-04


Scoville declined to give the name at
present. except in confidence to the court
Scoyille then desired TO make new motion
relative to additional grounds that he had
discovered for asking for new trial. These
grounds. he stated, were unauthorized con-
yersations with the jury by outside parties,
and second. the subsequent admissions OF
expert that he thought Guiteau insane
but
Didnt Dare 10 Say so,
for fear OF injuring him in business and
in public estimation. Scoville read an
affidavit sworn and subscribed 10 by him
self setting forth the statement, and
added: | have not yet prepared formal
motion based upon this affidavit but pre-.
sumo il will he sufficient if | do 50 at any
time during the day.
Corkhill-May il please Your Honor:
the time for filing such motions and
afiidavits has expired.
Judge Cox-Well, We will postpone the
consideration of this matter until the
motion now before the court is disposed OF.
Scoville proceeded to read the atiidavits
and other papers filed by him with his mo-
ton for new trial. +. II. Snyder, the
maker of the affidavit upon which Scoville
relies mainly to sustain his motion, sat
Immediately in the rear Of Scoville. After
the reading of the Snyder affidavit Scotille
defended both atiiant and himself for criti-
cisms which he learned had been
Made by the Prosecuttea.
Col. Corkhill, in reply, said neither
Snyder nor Scoville are now on trial.
When they are on trial in this court, will
attend to them. At present the subject
under discussion is whether a new trial
shall be granted to the convicted murderer
of J. A. Garfield | have stated that the
signatures upon the papers which forms
the basis of the Snyder affidavit, are base
forgeries, and expect to prove them 80 10
the satisfaction OF the court and the coun.
try. | have never accused Scoville OF the
forgery and never supposed him TO be
guilty OF ii. Corkhill then read the ati-
Iavits OF
Each Members Of the |arYi
in which thy most positively denied ever
( having seen or read copy OF the Critic or
| any other paper during the time they
served a. jurors upon the trial of Guiteau.
| Following these was read the affidavit Of
| Norman Wizard, to the effect that he had
| known Snyder for fifteen years, and 10 his
knowledge said Snyder Is a
.:tef, ForEer and BIackmaiIer,
that he, Wizard, worid not be lieve him un.
der oath. Corkhili also read the affidavits
of John l.. Sargent, formerly detective in
Washington, and Detective McElfresh, who
arrested Snyder several years since on q
charge of grand larceny; also the affidavit
of Geo. e. Curtis, bsiliif in charge OF the
room from which Snyder alleges to have
taken a copy of Critic with the names Of
jurors upon it, Afiiant didn't purchase q
Critic during the trial, or have one in his
room; that the only persons that attracted
A. II. I'LL
+. H. Snyder Mr.. Scoyille, and J. II. Hay
den; these parties passed the rooms on
several occasions without
Any Ostcnsibie Business.
and were objects Of suspicion o both
bailiffs and juymen. Ailiult further
swears that at the hour when Snyder swore
he found the critic in the bailiiI s room, he,
Curtis, was there, and the jurors were also
in their rooms. and that il was impossible
for SNYDER to have taken Crific from his
his room unless he had trst placed IL there.
The affidavit of A. c. Seaile another bailif
in charge of the jury, was then read. II
was Of the same tenor As the preceding one.
Also the affidavit Of Henry Bragdou. the
party alluded to by ScOyille, in his affidavit
setting forth newly discovered evidence rs
ground for new trial. Bragdon's affidavit
sets forth that he saw man in Lafayette
park, as alleged, and remarked Of him that
he looked like disappointed Office seeker.
OF LunafIe.
but he doesn't know whether IL was Gui-
teau or not. Corkhill, in conclusion. sub
mitted the afiidavits he had read. which
amply sustained his allegation Of forgery
and fraud, and therefore he would refrain
from adding any arguments.
Scoville, in reply, severely denounced
the attempt to blacken the character OF
Snyder. II was on n par with the letters
which had been sent to him, Scoyille,
Impregnated with smallpox virss,
and the virus injected into these sfiidsyits
was all instieated by the personal spite OF
one man-Norman Wiard-would go out
through all the land and years might be re-
quired to remedy the injury thus propos-
ed TO be done to an honorable man, who
was the peer OF any one in the court room.
Corkhill raised laugh, by asking, in
tone OF innocent inquiry: You are not
speaking OF snyder. are your
Scoville replied, with marked emphasis:
yes, sir, am an honorable man.
He then asked the court TO expunge from
the affidayits everything OF the character
be had described.
Judge Cox replied that the objection was
clearly we'll taken. and that much OF the
affidayits objected 70 could not be
Csn~iderel - EsSlssee.
Judge Cox then stated that be could not
vary from the we'll defined rules of prac-
tice as to the admission Of affidavits or time
for hearing motions, but a. the new ques'
tons were submitted in the pending mo-
tons, he would take time 20 mature his
decision. and would not announce IL until
tomorrow morning. He would, however,
be pleased TO hear any legal authorities
that counsel might desire 70 cite.
Scoville then proceeded TO argue his mo-
ton, citing authorities and precedents. He
spoke one hour in support Of his motion,
and cited many authorities.
Davidge discussed, at some length,
ssyder's A1Aavis,
quoting from one of Moliere's plays, in
which his hero exclaims, What in the
devil was he doing in that gallery" Day-
idge said, applying it IS this case, what
in the devil was
Snyder Doing In fhss Rssn:
laughter Whist business had he there
sny more than In my house or in my
library? | care nething for the general
character OF the man. He 10 found In .
novel and uneviable act OF invading the
sanctity of . jurymen's room. What busi-
ness had he there? Why did ne enter the
rcom7
Guiteau, who had thus far Sustained
from taking part in the discussion, called
out: He NV the door was open and he
Dayidee-Yes, / know. Mr. Prisoner. 30
are sreat many doors open, but What
would you think Of me II went mousing
around private roomsf
GpiteaR-U yea bed bssa N Sa!deri