River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1882-02-09
SINCE CONVICTION.
Efforts of SeoviIIe to Obtain New
Trial for Guiteau.

MOTION FOR NEW TRIAL.
WASHINGTON, Jan. 2S.-This after
noon Scoville filed with the clerk OF
the supreme court of the district of
Columbia papers on which he bases his
motion or motions for q new trial.
Not being familiar with the practice in
this district, Scoville took the precaution
to file two motions to assure himself
against the possibility of being de-
prived through any legal technically
of the right OF review by the court IN
the general term. The papers filed in
support of the motions are, the pris-
oner's affidavit, the affidavit of Fred
erick III. Snyder as to the finding OF a
newspaper IN the room occupied by the
jury under circumstances indicating
that it had been read by the jury. The
affidavit of ]. 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 by the jury. That
he has seen them write their
names and believes the wiling upon
said newspaper to have been made by
the jurors named. The last affidavit is
that of Mr.. Scoyille setting forth the
newly discovered evidence upon which
he based his motion for a new trial.
MOTION FOR A NEW TRIAL.
WASHINGTON, Jan. 30.--In the crimi-
nal court, District Attorney Corkhill
applied to the court to fix day for
hearing arguments upon the motion for
new tlial in the case of the United
States against Charles ]. Guiteau, stat
ing that he was willing that tomorrow
be assigned.
Scoville called the attention of the
court to the fact that one of the affida-
Wits in support of the motion had an
nexed to it a copy of the EUening Critic.
The allegation was that during the
proceedings of the trial the paper had
been read by or to the jury. 1t bore
on the margin what purported to be
the signatures of four jurors. The jurors
denied that they read any newspaper
or put their names ON any newspaper
during the time they were impanelled.
This raised an issue of fact which was
very important to be determined. 1t
was not a matter that the court could
determine upon expert affidavits. The
jury admitted that during the time
they were empanelled they gave their
autographs to various persons, and he
thought it might be important that he
should have an opportunity to cross
examine the men III that connection, to
determine whether the signatures on
the newspapers were genuine.
The full names of two jurors are on
| the paper of the district attorney, and
one of them is spelled wrong.
Scoville said: "All these things show
the propriety of something more than
ee pdrte affidavits in this matter.
ask that the jurors be produced in
court, or that the court appoint com
mission to take their dispositions, and
that / be allowed to produce such
further testimony as | think proper as
| to the genuines of their hand-writ-
ing"
AS to the argument for a new trial
he thought he could be ready by the
latter part OF the week. As all the
| questions he cared about taking up
were as to the newspapers and in re-
spect to newly-discovered evidence.
The court therefore fixed Friday for
arguments. The district attorney said
he did not intend the jury should be
put on trial. This newspaper looked
suspicious on face its. The person who
had filed the affidavit and who had
purloined the paper, had already been
bound over for forgery in the district
court. He (the district attorney
wanted to show the court that this was
a clever attempt at forgery. He would
not agree that the jury who had done
their work so faithfully, should be
placed ON trial, and the oath of such a
man placed against theirs.
The court stated there was no such
practice as appointing commission on
a question of this kind, but that it was
within the discretion of the court to in
terrogate parties making affidavits, and
he thought he would exercise it.
Scoyille said he was perfectly willing
the court should interrogate the aft
ants. When the district attorney came
nere and alleged forgery, it became a
serious matter.
The court suggested to the district
attorney it might be well to have the
jury present for that day, and the mat
ter went over for the present.
BEFORE JUDGE cox.
WASHINGTON, Feb. 3.-When Judge
Cox entered the court, this morning
the prisoner was Immediately brought
in and placed in the dock. Before tax
ing his seat Guiteau looked over to his
counsel and said in quiet and rather
pleading tone: "Can / sit at the table
if your honor please"
IS
from the counsel.
Guiteau-Have you any objections,
colonel.
Corkhill-No sir.
The prisoner then took a seat at the
table by the side Of Scoville, and taking
out of his coat pocket a roll of manu-
script, addressed the court in the ap-
parent belief and with the air of the
principal counsel in the case: eff the
court please, before this motion is
made, desire to correct few errors
that have crept in"
Al this point he was stopped by the
court.
Col. Corkhill objected to any remarks
from the prisoner. Scoville also OBJ
iected, and thought anything of the
kind had better be postponed until the
business before. the court was dis
posed of.
Scoville continued: eff your honor
please, have contemplated some adj
ditional time should be given for this
motion. l also have assurances from
prominent member of this bar that
he will assist me next week"
Corkhill asked: "Who is the gentle
man?"
Scoville declined to give the name at
present, except in confidence to the
court.
Scoville then desired to make a new
motion relative to additional grounds
he had discovered for asking for new
trial. These grounds, he stated, were
unauthorized conversation with the
jury by outside parties; and second,
the subsequent admission of an expert
that he thought Guiteau insane, but
didn't dare say so for fear it would in
jure him in business and public estima-
ton.
Scoville read an affidavit sworn and
subscribed to by himself, setting forth
in detail the grounds stated, and added:
/ have not yet prepared formal mo-
ton, based on this affidavit, but pre-
sumo it will be sufficient if | do so at
any time during the day.
Corkhill-May it please your honor,
the time for fighting such motions and
affidavits has expired.
Judge Cox Well, we viii postpone
consideration of the motion until the
A \