Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-01-30
Mr.. Scoville Files Motions for .
New Trial
With the Clerk of the Supreme
Court.
The Arguments to be Heard Next
Week.
WASHINGTON, Jan. %.

WAsHISsroS. Jan. 2s.
Shortly before FIVE this afternoon, Mr.. Sco-
willie filed with the Clerk of the Supreme
Court of the District of Columbia, the pa
pers upon which he based his motion or mo-
tons for a new trial. Not being familiar with
the practice in the District Mr. Scoyille con-
cluded to file two motions, to assure himself
against the possibility of being deprived
through any legal technicaIities of the right
of review by the court in general term. The
papers filed in support of the motions are as
| follows
The affidavits of Frederick Ii. SNYDER as
to the finding of a newspaper under circum-
stances Indicating that it had been read by
the Jury
The affidavit of j. w. Guiteau, that he is
acquainted with the signatures of five Jurors
whose names are written on the margin of the
newspaper said to have been seen nv 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 is that of Mr.. Scoyille.
| setting for newly discovered evidence nnon
which he basis his motion for a new trial as
follows.
ITn;,ea States of Amar;c. Dis,r;., of "a
lumbia. IS. In the Supreme Cont of the Dis.
trict of Columbia. holding a criminal term.
United States VS.. Charles J. Guiteau. Case
| No 40. 56O Indictment for murder. Now
comes the defendant in this case by George
! ScovilIe his attornov and uoyss ,ha go.
to set aside rho verdict in this coso ord o-ont
nov, ,r;aI unor ,ha foiIo,.;n, o-a. a
wit:
First-By reason of an uncertaintv in said
verdict. in that the iurv thereby found the
defendant ssGuiltv az indictad wboro.s tho
indictment consists of different counts va.
RANT from and inconsistent with each other
in matters of substance.
Second-That said verdict sf tho ;urv docs
not specify which count or counts Of the in.
dictment it was founded unon and several of
the counts being materialiv different from tho
other. Defendant is not advised NV Tho form
or substance of said verdict 90 to tho frS;no
of the Jury upon material facts of tho deo,S
or place of the death of the deceased
Third-For that trial of this case was COM
menced at the June term of 1881 of This
court and was not concluded in the same
term of court but was extended into tho he.
cember term without the autbor;tv of lou
/ rourtb-For thar this court has No ;ur;s
disction of this cause by reason of the death
of the deceased having taken place outside of
the District of Columbia.
Fifth-For that court erred in overrul;ny
each and all PRAYERS upon the, ouest;on. &c
law asked by the counsel for the defiance ond
in refusing to instruct the jurv as requested in
each of the fourteen prayers. proposed NV
them and shown in pages 1856, I757 and l75S
of the printed record in the case.
Sixth-That the court erred on the trial of
this cause in excluding the nroner ev;donco
offered bv the defence as set forth in tho
| hill of executions WV
Seventh-That the court erred on tho tr;.,
of this cause in admitting tie the iurx ;mpron.
| er evidence on The part o: the pr0secution IA
shown in the bill of exceptions
Eighth-That the court erred in commept.
ing Improperly during the trial. mon tho
conduct of the defendant and in entering in.
to an arrangement with the district attorney
without the knowledge of the com.
sci for the defendant) whereby the iurv and
expert witnesses for the prosecution dur
ing portion of the trial might observe GER
tain conduct of the defendant to subserve Tho
purpose of the prosecution. (the defence no.
ing insanity without the restraining mower IF
the court being exercised until those mr.
poses were accomplished to the great nre;n.
dice of the defendant.
| Observation-Disclosures of the iurv in readn;g
or hearing read TO them newsnaner. calculo,
ed to prejudice their minds against The 40
PENDANT as shown in the afidavits of Ered.
erick H. Snyder, Geo. Scoville and John W.
| Uulteu Hleu herewith.
Tenth-By reason Of new and material
| facts unknown at the time of the trial and
not ascertainable by reasonable diligence o.,
the the part of the defendant or his sttornev
having come to light since the trial AZ ASH shown
in the affidavit filed herewith.
| Eleventh-That the verdict is contrary tn
the evidence.
Twelfth-That the verdict is contrary n
the law of the case.
GEORGE Scovu,r
| Defendants Attorpev
The bill of exceptions is a reiteration of
the above motion for a new trial
Guiteau's affidavit states that by reason of
his confinement in iail and being restrained
of his liberty he has been unable nersor.IIv
TO give any attention to those mat,ers no.
tanning to the question of a new trial in tho
case, to ascertain anv facts BEARING ,nerann
from hearsay, and that he Therefore has been
compelled to leave the whole matter to b;s
attorney, Geo. Scovlle, Esq, and to RELY nm.
on such information of points as he NAV
have been able to obtain.
(Signed) CHARLES ]. Gu1rr.r
| Snyder's affidavit states he stopped at room
3I6, National Hotel. and that on the 18th of
December, 1881, between 5 and P. M. he