The daily gazette., 1882-06-03
GuITEAU,s LAST HOPE.
Substance OF Mr.. Reeds Petition for a
4 HeheAring-A Request for . Truthful
Record.

Substance OF Mr.. Reeds Petition for a
HeheAring-A Request for . Truthful
Record.
WASHINGTON, June 2.-This morning in
the Court in General Term Mr.. Charles II.
Reed for Charles j. Guiteau presented pc
tition for rehearing of the case. He says
in his petition:
1t appears by the record in said cause, on
page ,757, th t the said defendant at the
proper time during his trial in the criminal
term of said court, by his attorneys, asked
and prayed the Court to give to the jury an
instruction known as prayer No. 13, which
was aud is as follows: ..
"The jury are instructed to find separate
verdict upon each count in the Indictment,
and inasmuch as it charged In the first,
second, fourth, fifth, seventh and eighth,
counts of the indictment in this case, that
the death of the President took place in the
county of Washington, in said District Of
Columbia, and there is no evidence of such
fact, therefore the jury are directed to find
the accused not guilty upon each of said
counts separately"
1t appears on page $40 of the record in
said cause that the court refused to give
said instruction to the jury. 1t also appears
in exception 80 that the defendant In apt
and proper time, in due form of law, ex-
cepted to the decision of the court in refus-
/ ing to give said instruction to the Jury as
prayed. 1t appears conclusiyely from the
undisputed record in said cause that the
deceased, James A. Garfield, died in the
| county of Monmouth and State of New
Jersey, and that no evidence was offered or
produced which showed or even tended to
show that he died in the District of Col
umbia.
therefore respectfully submit that the
said instruction should have been given
TO the jury. The defendant had and has the
lawful right to have an honest and truthful
record i'll said cause, and should not have
| Deen convicted and should not now be EN-
uarrassed by false record
| Italso appears by the record, on page
2,349, that the jury found general verdict
of guilty against the defendant upon all the
counts OF the indictment and that the de-
| iendant reserved by express consent Of the
| Court an exception to the refusal to grant
the instruction prayed by the defendant and
| to the charge.
| TIE PLACE OF DEATH.
/ sumbit that the law requires that an In.
dictment for murder should allege the place
of death, and that the evidence should sus
tain such allegation. The Distric.- .-Attornel
considered such an allegation necessary, fol
each count in the indictment in this cas-
contains an ayerment Of the place of death
If it was necessary to aver place of dealt
it was necessary to prove it in this trial. Al
precedents and authorities In England AM
America require such an allegation excep
the single case in 10 Webb (Kansas), cite
in my brief in this case. / have referred t
a few OF the authorities in my brief, but ca
cite numerous others If the Honorable Coul
so desires.
This Court, In its opinion in this case, di
not refer to the question and gave no d'
cision upon it. ! cannot believe this Cour
will strike down the precedents and author
ties in order to impose upon this defendar
false record.
In his behalf ask and petition this Coul
for truthful record, confidently believin
my prayer will be promptly granted.
Cas-. H. REED, Attorney for Defendant.
STATEMENT OF THE COURT.
Chief Justice Cartier and Judges Jam
! and Cox were on the bench and District A
! torney Corkhill was present. .....
Judge Cartier said the court had decide
right or wrong, that the place of death w
| inmaterial to the crime. The oflense
murder consisted in the violence, not in Il
, | death, although death was an essenti
badge of the crime.
! MIR. Reed argued that the defendant WI
entitled to truthful record, and MS the We
q | dict was general one of guilty on all I'll
/ counts, when there was no evidence to su
tain some of them, it was not truthful.
Judge Cartier said the motion was NJ
i debatable, and thought the bench would
a | able 10 render a decision tomorrow NOR
| ing,