The Portland daily press., 1882-01-30
THE ASSASSIN.
Scoville's Efforts to Obtain New
Trial.
JURORS ACCUSED OF WRONG DOING.
Guiteau Has No Idea of Committing
Suicide.

WAsHINGrUN, JAN 2S-Shortly before
o'clock this afternoon Mr.Scoville filed with the
Clerk of the Supreme Court of the Dlstrlct OF
Columbia the papers upon which ne pases MS
motions for new trial. Not being 1amiiiar
with the practice in the district, Mr.. Scovllie
concluded to file two motions, to assure him
self against the possibility of being deprived
through any legal technicalities OF the right OF
review by the court in general term The pa
pers filed in support OF the motions are !ne
prisoners affidavit, the affidavit of Frederick
H. SNYDER to the finding OF newspaper un-
der circumstances indicating that it had been
read by the jury; affidavit of j. w. Guiteau
that he is acquainted with the signatures of
Eve jurors whose names are written on the
margin of the newspaper said to have been
seen by the jury, that he has seen them write
their names and believes the writing upon said
newspaper to have been made by the jurors
named; the last affidavit, that of Mr.. Scoville,
| setting forth the newly discovered evidence
| upon which he bases his motion for trial which
| is as follows:
United States of america, Dist. Of Columbia, sS.
In Supreme Court of District of Columbia,
| holding criminal term, United States VS.. Chas
j. Guitean case No. Il, ,056. Indictment for muir
| der. Now comes defendant in this case by
| George Scoville, his counsel, his attorney, and
moves the court to set aside the verdict in this
/ case, and grant new trial upon the following
| grounds, to wit:
First-By reason of the uncertainty in the
| V6rQ1Cb III tudU LILO jury lOuuQ uOl0uudho
guilty as indicted" whereas the Indictment
| consists of different counts variant from and
| inconsistent with each other.
! Second-That said verdict does not specify
| which count it was founded upon, several be-
| ing different from others. The defendant is
| not advised by said verdict as to the finding OF
| the jury upon the death or place Of death OF
| the deceased.
Third-For that the trial was commenced in
| June term, 1881, and was not ended in the same
1 Nf xrf hutxy
| cember term without authority of law.
Fourth-For that this court has no jurisdic-
ton by reason of the deceased having died out
| side of the District of Columbia.
| Fifth-For that the court erred in overruling
| each and all prayers upon questions of law by
| the defence, and refusing to instruct the jury
in said prayers shown on pages 1856, 1857 and
| 1853 of record
Sixth-That the court erred in excluding
| proper evidence, as set forth in exceptions.
Seventh-That the court erred in admitting
to the jury improper evidence of prosecution,
| set forth in exceptions
Eighth-That the court erre in improperly
commenting upon the conduct of defendant,
| aud in entering into an arrangement with the
| District Attorney without knowledge of the
defence, whereby the jury and expert witness
| es for the prosecution might observe certain
conduct of defendant to subserve purpose,
the defence being insanity, without restraining
the power of the court, to the great prejudice
| of defendant
Ninth--Misbehavio of the jury in reading
| or hearing read to them newspapers calculated
| to prejudice their mind against the defendant,
shown in the afidavits of Frederick III. Sny-
| der, George Scoville and John w. Guiteau,
| filed herewith.
Tenth-By reason of new and material
| facts, unknown at the time of the trial and not
| ascertainable by reasonable diligence on the
part of the defendant or his attorney, having
| come to light since the 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.
GEO. ScovILLE, Defendants Attorney
The bill of exceptions is a reiteration of the
above motion for new trial.
Guiteau's affidavit states that by reason of
his being confined in jail, and being restrained
| of his liberty he has been unable personally
| to give any attention to these matters pertain
ing to the question of a new trial in the case
| or to ascertain any facts bearing thereon from
| hearsay, and that he therefore has been COM
PEELED to leave the whole matter to his attor-
| ney George Scoville, ESQ.,, and to rely upon
such information and points as he may have
| been able to obtain.
Snyder's affidavit states he stopped at room
| 316 National Hotel; that on the 18th of Decem-
| ber, 1881, between five and six p. M, as he
was passing through the hall, he found the
| door of room 321, occupied by the jurors in
| the Guiteau case, open and no person therein:
| saw newspaper lying on a table therein, and
| knowing IL 10 be one OF the rooms occupied by
or frequented by some of said jurors, ana Cnat
| it was forbidden them to have newspapers,
| this affiant stepped into said room and took
| said newspaper, which on examination proved
| to be the Evening Critic extra, published in
Washington, and issued on the 10Th day of
| November, 1881, and the reading matter of
| which was composed almost entirely of report
| ed proceedings of the court, ON trial of this
| cause, during the day of the date of said news
~&eI ,f
testimony in part in said cause, and also an ac-
| count of an attempt to shoot the prisoner by
| one JONES' and also an editorial upon the sub
| ject of the conduct of the prisoner in court,
| and otherwise strongly animadverting upon
| his character and conduct and well calculated
| to excite prejudice in the minds of the jurors
| against him and purporting to state that pub
| lie opinion was strongly against the prisoner,
| and which with others things will more fully
and at large appear by reference to said news
| paper
Affiant further saith that all writings and
marks appearing on said newspaper, consist
| ing of what purports to be signatures of some
| of the jurors aforesaid, and of one of the Off
GERS in charge of them, and of initial letters of
/ Names were written there at the time affiant
| took said newspaper from said room.
| The names, as they appear thereon, except
| the initials of the names of this affiant and
| date when he SO found said newspaper, in PEN
| cil which were, together with the number of
aforesaid, written by the second column from
| the right hand margin, near the top thereof on
the second page of said paper, on the
same evening, when he obtained said
| newspaper. At the time said paper was
| obtained by the afiant as aforesaid, the jurors
| were all absent from their rooms in said hotel.
The affiant deeming the matter of some inn
| portance in the interests of justice, as he
| knew the jurors were forbidden to read the
| newspapers, forthwith called the attention of
| the counsel for the prisoner to the fact, and
| when requested handed said newspaper to
| him.
| Attached to this affidavit is copy of the
| Critic alluded to, with the names of the jurors
| mentioned written in ink upon the margins.
j. W. Guiteaus affidavit follows, alleging
| that he knows the Rand writing of the jurors
| and SWears to them.
The affidavit of Scoville follows, stating
| Snyder handed him the paper above mention
| ed; that the writing thereon, is that of the
| jurors; also that he can prove on another trial
| by Henry L. Bragdon, John NJ Green, that
| by the actions of Guiteau between the 18th
and 28th of January 1881, they believed him
| to be then insane.
Scovile's bill of exceptions, which in gene
raj terms is motion for a new trial, will be
| an exceedingly voluminous document and will
| not be ready for some time yet. To use his
| own expression sit embraces the record of the
| entire trial.
Judge Cox has not yet set day upon
which to hear the arguments upon the matter,
but will probably do so early next week.
The main reliance of the defence in this
matter is the affidavit of Snyder, the copy Of
the Critic appended which it is claimed was
seen and read by the jury pending the trial
1t is claimed that a careful comparison of the
writing, upon the margin of the newspaper
with signatures of the jHrymen whose names
appear, tshows a striking resemblance, and
establishs strong case of circumstantial evil
dence.
The District Attorney asserts that this mat
ter of tampering with the jury and improper
conduct on their part, as set forth In the afi-
davit, will be disposed OF by the prosecution
The jury are indignant and deny the charge.
The affidavit of Guiteau was taken this after
noon. He expressed at first contempt for
what Mr. Scoville in his laundering way, was
doing on his behalf, and said he did not ex-
pect anything of Judge Cox, but looked to
the court in general term to upset the work of
the jury. He thought Scoville talked too
much-his whole family talked too much; as
to Scoville exhausting his energies by sitting
up all night to avail himself of all his legal
remedies, it was bosh. Being told he would
have no case unless his affidavit was signed
and attested before p. m, he signed and
swore to it with great fervor.
81 am well, slept well last night, had shave
and bath this morning. said Guiteau, sand
expect to be happy and live good many years
VET As for committing suicdeD he com