Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-01-31
WASHINGTON.
The Application for a New Trial.
To be Argued Before Judge Cox
Friday.
Snyder Who Told the Newspaper
Story.
Has Been Bound over for Perjury.

CCOfl'1S duu IeSOu, COudSCi Aoi "
teau, appeared, and the former in
quired of the Court in respect to his
bill of exceptions, whether he would
be compelled to except specifically or
whether the general exception would
suffice.
Judge Cox stated that under the
practice of the counsel he would
have to except specifically.
Scoville then stated that he had
intended to file his motion for new
trial, but he would like to have until
Monday. The District Attorney OBJ
iected, and Scoville stated that in
that case he would file his motion
this afternoon.
In the Clerks Office the District
Attorney asked that the Court assign
Wednesday next for the hearing of
arguments upon the motion, but
upon representations from Scoville
that he would scarcely be able to
enter upon an argument at that time,
the Court declined to fix the day at
present.
Shortly before o'clock this after
noon Scoville filed with the clerk OF
the Supreme Court of the District of
Columbia copies upon which he bases
his motion for a new trial Not be
ing familiar with the practice in this
District, Scoville concluded to file
two motions, to assure himself
against the possibility of being de
prived, through any legalterhnicality,
of the right of review of certain evi
dence produced during the trial.
The papers fled in support of the
motion for q new trial, are the
prisoners affidavit and the affidavit
If Frederick H Snyder, as to the
finding of newspaper under cir
cumstances undeniable, that it had
been read by the jury.
The affidavit of J. W. Guiteau,
that he is acquainted with the signao
lures of the FIVE jurors whose
names are written on the margin OF
the newspaper said to have been
seen ty the jury; that he had seen
them write their names, and believes
thp names upon said newspaper to
have been made by the jurors named.
The last affidavit is that of SEQ
vile, setting forth new and un"is>
covered evidence upon which be
bases his motion for new trial.
S ,oy les application for a new
trla is based upon groun s Of the
uncertainty If tue verdict If guilt
as Indicted" The Indictment c,.n-
sist, If diff rent and Inconsistent
counts, and the jury does NOT specify
upon which count or counts It's YER
dict is found. He raises the ques-
ton OF jurisdiction, aud takes excep-
ton to the ru .inss of the court in the
charge to the jury, III excluding some
and relating Other evidence, winch
WIS misintrrpreted on the ptrt of
the jury. He also cl'ims that new
evidence has been discovered. His
main reliance is on the affidavit OF
Snyder, who is a resident of jersey
City, and says that he was guest at
the National Hotel; that during his
stay there he passed through the
corridor of the hotel and OBJ
served the door of one of
the rooms occupied by the jury open,
and on a table in the L ON lay a
newspaper which he secured. 1t
was copy of the Evening Critic Of
December II. On the margins were
written the names of several of the
jurors in ink. John W. Guiteau in
his affidavit declares that these names
are the autographs of the Jurors
named. This newspaper was handed
him with statement of the circum-
stances.
The President to-day signed the
census deficiency bill.
. WASHINGTON, D. c., January 30
, In the Criminal Court this morning.
the court fixed upon Friday next, as
the day for hearing arguments upon
| the motion for a new trial fol
, Guiteau. Scoville called attention
/ to the fact that one of the affidavits
in support of the motion, had an
nexed to it copy Of the Critic allie
CATION, which was that, duing the
trial, a paper had been read by the
l jury. 1t bore on the margin wha
: purported to be the signatures of fou
> Jurors. The jurors denied that they
: saw any newspapers or put thei
names upon any newspaper during
the time they were empannelled. H
, thought it important to cross-exam
inc the jurors in connection will
their admission that they had during
that time given their autographs t
| various persons, and he asked tina
t the jurors be produced in Court, G
that the Court appoint commission
to take dispositions, and that he b
allowed to produce further testimon,
as to the genuineness of the hand
writing.
: The District Attorney said he di,
n not intend the jury should be put o.
d trlai. That the gentleman who file,
). the affidavit and purloined the pape
p mad already been bound over TO
10 perjury in the district. He woul,
l. show that this was clear attempt q
1t forgery.
d The Court said he thought b
would avail himself of the discretio
of the court, and question partie
making afidavits, and suggested t
the District Attorney that the iuro,
e be present on Friday.
,f