Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1882-01-30
EKlNG A NEW TRIAL
.,v,vE PILES RKAsOM0
FOR NEW TBIAL

~.n.usr i'm . Jurors rss'n-
Aadsytt frem . Assoh
a.e,s-ssw Evidence dss'
esvereA.
WASHINGTON, January %.
be criminal Court this morning
4, scovills and Reed, counsel io'
an appearcd, and the former IN
Of the Court in respect OF tht
nf hi, bill of exceptions-whethe
mid be compelled to accept speslf'
or whether = general exception
sutiice. Judge Cox stated tina,
the practice of the Court he
hav. 10 accept specifically. Mr..
le then stated that he had intend
m. hi, motion for a new Trial,
wouM ike TO have until Mop,
The % srrit Attorney objectsd,
Scoy HE stated that in that case
mid file his motion this Saturday
nDop in the Clerks Office. The
ict Attorney asked that the Court
1, Tuesday next for the hearing OF
Iuepts upon the motion, but upon
sentatlou from Mr.. Scoyillethat
tujl scarcely be able to enter upon
rsumeut at that time, tha Court
rr,l O II day at present.
or,ly before five o'clock Mr.. SEQ
nIed with tie Clerk Of the Su.
lc Court Of the District Of Columbia
papers upon which he bases his mo
|or motions for new trial. Not
familiar with tle practises of
pistria,, Mr.. Scoville concluded to
two motops to assure himself
IS, the possibility of beng de-
ID through any legal technicality
rl.ht OF review by The Court in
!, al term. The papers filed In sup
of tue motion are: The prisoners
svit, the affidavit Of Frederick II.
lrr a. TO the finding OF a newspa
undey circumstances indicating
it had bten read by a juror, the af-
Citof J, ". Gniteau that he Is ac-
nted with ths signatures Of the five
\, Whose names are written on the
gin OF a rewspa ,er SAID to have
seen uy the Juiy, that he has seen
write their names and believes
writing upon said newspaper to
/ been doue by the jurors named.
ast affidavit is that OF Mr.. SEQ.
setting forth the newly discover
violence upon which he bases his
lion for new trial; Guiteau's affida-
j. W. Guiteau's affidavit, Snyder's
layir, Scuyille's affidavit and Critic
torial. Mr.. Scovile filed his mo-
for a new trial in the following
ASKING ANEW TRIAL.
! low corues the defendant In this
!, by George Scoville, his attorney,
moves the Court to set aside the
|d.ct in this case aud grant q new
upon the following grounds, to
first. By reason OF uncertainty IN
j verdict, in that the jury thereby
bid the defendant "Guilty ~ indict-
h Whereas the indictment consists Of
ferent counts, variant from and in.
|sslent with each other In matters
ubstanc..
coud. That said verdict Of the jury
b not specify which count or counts
(he Indictment it was founded upon,
| several Of tho counts being n,ateri-
y different from others, the defend
is not advised by the form or sub
ace Of SAID verdict as to the finding
The jury on material facts of the
ath or Place OF death of the de-
aSel.
Third For that the trial of this
NSc WAS commence at the June term,
y, ,ol this court, and was not conclud
N the same term OF court, but was
tended into the December term, with.
authority Of law.
Fourth, For that this Court had no
,isdicton Of this cause, by reason OF
Ieath ofthe deceased having taxi
place outside Of the District of Co.
nhia.
fifth. For that the Court erred in
sfruln@ each and all the prayers up
lnest,ors of law asked by counsel
the defence and in refusing to in
Vet the jnry, az requested, in each of
fourteen prayers proposed ny them
! shown on page l,756, l,757 and
'of the printed record In this case.
'nih. That the court erred, on trial
thi, cause, in excluding proper evil
nee offered hy the defense as set forth
me h!II of exceptions.
ENENTH. That the Court erred, on
di oith.s cause, in admitting to 60 to
Jury improper evidence on the part
lhe prosecution, as shown IN bill of
options
EIGHTH. That the Court erred In
h'nen'ing improperly, during the
ti,rpon the conduct Ct the defendant
II entering into an arrange Dent with
District Attorney (witbOut the
oi",euRe OF the counsel for the de-
'naht) whereby the jury aud the cx-
"l'nesses ior the prosecution dur
aportion of the trial, might observe
,"'" ooh"uct OF the defendant TO sub
We the purpose of the prosecution
'' defense being insanity without
exercised until those purpo, ,es we're
:ompIisled tn tn" uro nrs,t nIs,"din,, 49," 1 ne
: defendant.
Ninth, Mi,behavior of the iury in
'diug or hearing read 70 them nsv,-
pers cal,ulat.d 70 nra;nd;oa tb.ir