Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-28
THE GUITEAU CASE AGAIN,
PROCEEDINGS IN TIE CRIMINAL COURT TO-DAY.
THE MOTION FOR A NEW TRIAL, ETC.


| THE EXCEPTIONS TO THE JUDGES CHAPGE.
| Mr.. Scovie said that In the case of Guiteau b.
desired to ask in what time it would be necessary
to prepare and submit the exceptions to the court
The Court-As to the exceptions Mr.. Scoville, ,yol
| Mr.. Scoville.-WIllI be permitted to take gen
| eral exception?
The Court-No, sir. The law requires that par
tlcular portions OF the charge, &C., should be ex
| cepted to.
! THE MOTION FOR A NEW TRIAL NOT QUITE READY
Mr.. Scoville.-I had expected to file the motor
for new trial this morning, but would prefer t.
| have until Monday to do So
The district attorney said he would insist on The
| motion being filed to-day.
The court said that he would be willing If the
| district attorney consented 1t was not necessary
mat lt be tiled IN open court, but could be flee
| with the clerk.
Mr.. Scoville-If the court will give me until five
| O'Clock Will nle the motion to-day.
The District Attorney.-I would ask that the
! motion be argued on Tuesday next
MT: scoville-We will probably not take uI
much OF the time OF the court in the argument OF
this motion, for it will be of matter Of form
| than of substance. will not be ready probably
| The District Attorney.-The matters we see in
the papers as to this motion. are matters to oe
presented by affidavit ana not by argument.
! The court said he would not fix a day for the
| argument till the motion is filed.
An Interview With HIr. Scoyille.
| HE HAD ONLY ONE AFFIDAVIT READY THIS MORN.
| ING-THAT IN RELATION TO THE NEWSPAPER IN
THE JURY ROOM.
| A STAR reporter met Mr.. Scov1lle after he left
| the court this morning He was vending his way
| through the mud, under the shelter OF big UNI
| breila, for the fremont house. With one arm he
| struggled with bundle OF books and papers. 81
went into court this morning." he said, " and was
granted until O'Clock this evening to file my pa
| pers- had four days in which to make the mo-
ton, and as it appears that the rule governing the
mas,er m ,i makes no mention of Sunday, will have
Have you settled the points on which you will
base your motion 2"
eyes, but there are some questions OF practice
want to SETTLE OF Which even the Old practitioners
seem to be ignorant There appears to be a con-
fict between the law and the practice"
'C0uld yOu not give out now the p0intS?n
"No. III the first place, haven't the time, and
then do not think it would be right. will have
TO write all day in order to get my papers ready"
slave you prepared the statements of fact which
you propose 10 submit?"
81 have only one affidavit prepared-that Is the
one regarding the newspaper in the Jury ROOM I
will file my motion sometime between four and
hve O'Clock this evening""
Hayden and Scovflle.
THE FORMERS CONNECTION WITH TIE GUITEAU
CAsE-THE NEWSPAPER ALLEGED TO HAVE BEEN
FOUND IN A JURYMANs ROOM.
Both Mr.. Scoville and Mr. Joseph E. HAYDEN ha We
published statements regarding publication in
an evening paper rejecting upon Mr.. Hayden.
Mr. scoyille, after Stating that Mr. Haydens course
had been honorable and his action had been die
tated by courtesy, says:-" Permit me to say that
not single expression or allegation made by the
prisoner against the district attorney In court
originated with me Was spoken OF between the
prisoner and myself at any time, except by way
OF reproof by me to him for such conduct So far
as The newspaper Is concerned which was OBJ
talned from a room OF juror, Mr.. Hayden had
nothing To do with it, and had no knowledge Of it
until Unit some time afterwards, when requested Mr.
Snyder to make affidavit to it, and Mr. Hayden,
oelles notary, at my request. administered the
show"
Mr.: Hayden's statement sets forth that Mr. Sny-
der Is not an employee but guest at the National
hotei ana says: II called there at his invitation,
ana during the evening be told me- much to my
surprise, that he had picked up a newspaper from
one OF the jurylnen's rooms, and on the margin of
names: f. w. Brandenburg, H. s. Bright and
| ile1nlein,' and the Christian name Michael
kne" tilat such men were on the jury and also
knew that il these names were genuine, it might
be proper legal ground for setting aside the YER
diet Subsequently slr. Scoville infanned me that
Mr. Snyder had placed that paper In his posses
Sion so much for the obtaining OF the paper
Yesterday met Mr.. scoviie on the street, and he
told me he would like to have Mr.. Snyder make an
a1fld&vlt, showing how the paper was obtained
ana from where, and that, as / was notary pub
nc, nc, ne wanted me to a1iix my jurat to the affidavit
,e, Iie same m was drawn up In Col Coles Office and
sworn TO before me. What IL will amount to- upon
Judicial examination, remains for the court to de-
teTmne, but that any irregularity was INDUCED
In obtaining the paper my attesting the af1ida-
VII, Is sheer nonsense"
THE JURORS DENY THE NEWSPAPER STORY.
Foreman Hamltn, with juryman Helnline, visited
the district attorneys Office at noon to-day and
had brief talk with Mr.. Corkhll concerning the
charge made in Snyder's affidavit.
81 feel little indignant about the matter,n said
in mi it,. ''''' ''AA ''D'''e'' SS NY name was
Both gentlemen, as Well as all the other jury
men, deny the story OF Snyder. Mr. Hcinne Sug-
gests that the paper might have been found in one
OF the rooms occupied by the bailiffs, as they Oc-
cupied separate apartments
SNYDER's RECORD
Mr.. CorkEill has received number OF statements
concerning Snyder, which are not complimentary
to that person. He is from New jersey, and has
been 1atterly engaged as detective collecting ey-
dence In the Chr1stiancy case.
While the jury was at the National hotel he oc-
cupled room there. He WAS known to some OF
the lurymen. who say they Saw him about the
hotel. One OF the jurors asked STAR reporter
how It came that Snyder was in their rooms at all
The district attorney. speaking OF the matter.
said: Il do not propose to allow such jury as
that 70 be 1nsulted, and think this matter will be
settled very soon after the a1dav1tS are filed"
THE M'FEELY-BRAwNER STORY
The facts in relation to the reported interview OF
Messrs Merely and Downs with Juror Brawner
in which it was alleged that Mr.. Brawner said
several days before the verdict rendered: ssIf
an the rest are IKE am we viii be out but few
weeks before the verdict was rendered the gentle
men named were at the National hotel, and Capt
cigars to "the boys' tthe jurors.) Mr. Downs re-
marked that 1t might be improper, but consented
to go upstairs with Capt. Merely. Reaching
that part OF .ho hotel occupied by the Jurors they
stated to Ono4s the baifYs that they knew several
| OF the jurors, and asked II they could speak to
them. The bailin remarked that II they were
| special friends Of the jurymen they could do So
but must be careful that no allusion should
be made TO the case, and the conversation must
be in the presence OF one Of the bailiffs. Capt
McFeely then spoke to Mr. Briwner and con-
| graduated him on his health, saying that he was
missed at the club, where some friends were about
that hour taking their terrapin and wine. Mr..
Brawner replied that he was feeling well and
that he would like to be at the club, and expected
to be there in a week or Two. Capt. McFeely
was very indignant that his name should
have been mentioned in this connection, and says:
"Let them come to me for an af1ldavit They will
get one that they do not want. The idea OF Bill
Brawner saying anything like the remark given
Is TOO preposterous TO think Of Do you think that
would have been such a fool Us to mention the
case then? Why, II had been such a fool as that
Brawner would have resented it." Mr. McFeely
moved OFF, remarLing sWell suppose old SEQ
Vile is raking up everything. A drowning man
catches at strawS."
Messrs Brawner and Downs substantially cor
roborate MI. MacFeely's story.
CARD OF DENIAL.
MessrS MacFeely and Downs have united in
card. stating that the publication supporting to