Savannah morning news. [volume] (Savannah) 1868-1887, 1882-01-30
GUITEAU.
Indictment FaultY-AIeged Im-
proper Conduct of the Jury.

WASHINGTON, January 2s-In the Crimi-
nal Court this morning Messrs. scoville and
Reed, counsel for Gui eau, appeared, and
the former inquired OF the court, in respect
of the form Of his bill of exceptions,
whether he would be compelled to except
specifically, or whether general exception
would suffice.
Judge Cox stated that under the practice
Of the court he would have to except spe-
c!fcally.
Mr.. scoville then stated that he had in
tended TO file his motion for a new trial. but
he would like to have until Monday.
The District Attorney objected, and Mr..
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 Tuesday next for a hearing OF the
argument upon motion, but upon represen-
tations from Mr.. 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 five O'Clock this afternoon
Mr.. Scoville filed with the Clerk of the
Supreme Court of the District Of Columbia
the papers upon which he bases his motion
Or uOllOB5 lOT new lTldl. NJb OClBS
familiar with the practice in this district
Mr.. Scoville concluded to file two motions,
to assure himself against a possibility OF
beiOg deprived, through any legal technl-
calitfes. OF the right of review by the court
In general terms. The papers filed in SUP
port Of the motions are the prisoners afh-
davit, the affidavit of Frederick Il Snyder as
to the finding of a newspaper, under ctrcum-
stances indicating that it had been read by
the jury, the affidavit OF j. W. Guiteau
that he is acquainted with the sigma
lures Of the i've jurors whose names
are written on the margin OF the newspa
per said to have been seen by the jury; that
he has seen them write their names, and
believes the writing upon the said news
paper to have been made by the jurors
named. The last affidavit is that Of Mr..
Scovllle, setting forth newly discovered
evidence upon which he bases his motion
for a new trial.
Mr.. Scoville's bill OF exceptions, to which
he refers In general terms In his motion for
a new trial, Will be an exceedingly volum!-
nous document, aud will not be ready for
some time yet. To use his own expression,
at embraces the record of the entire trial"
Judge Cox has not yet set a day upon which
to hear argument upon the motion, but
he will probably do SO early next week. The
main reliance OF the defense in this matter is
the affidavit of Snyder ard a copy OF the
Critic appended to it, which it Is claimed
was seen and read by the jury pending the
trial. A careful comparison of the writing
upon the margin OF the newspaper with the
signatures of the jurymen whose names
appear there shows striking resem-
blance, and establishes a strong case
OF circumstsnual evidence. The
District Attorney, however, IS erts
that this matter of tampering with the jury,
and irregular or improper conduct on The
part OF the jury as set forth In Snyder's
sffi iavit, will be disposed of in short order
by the prosecution. The jury themselves
are quite indignant, and firmly deny the
charges Of improper conduct on their part.
The affidavit of Guiteau was taken
at the jail this afternoon. He expressed,
at frs, a lofty contempt for any
action Scoville, ''in his blundering way"
might be taking in his behalf He said he
did not expect ANYTHING from Judge Cox,
but looked to the court in general terms TO
review and upset the work OF this jury. He
thought ScoviIle talked too much; that his
whole family talked too much. AS to SEQ
Vile exhausting his energies by sitting up
all night with the view of availing him elf OF
all his legal remedies, "Lhat was all bosh."
Upon being told that unless his own atida-
Wit was signed, attested and filed in court
before D. M he would have no case on
which to get before the court In banc,
Guitesu quickly changed his tone, signed
the affidavit and swOre to it with great
ferYor.
81 am we'll; slept we'll last night, had a
shave and bath this morning." said
Guiteauy "and | expect to be happy and
live q good many years yet" LAS for
committing suicide" he continued, 81 am
the last man in the world to resort to such
step"
No reporters have been allowed to see the
assassin for two days, which is the only
thing that seriously aBnOys him, and he
intends, so he says, TO put ScOville "per
emptorily off the case, !" unless he is allow
ed to have his mail and receive visitors.
Mr. Scoville's application for new trial
is based upon the grounds of uncertainty
of the verdict ''GuiiEv as indicted The
indie ment consis of 4 fferent varying and
inconsistent counts, and the verdict does
not specify upon which count or counts it Is
founded; also, a lack of jurisdiction,
errors in the rulings, in the charge 10 the
jury, in excluding some and rejecting other
evidence, misbehaviOr on the part OF
Jury, aud new evidence iscovered.
Main reliance is placed upon the atfi-
davtt of Snyder. The latter says he is
resident OF jersey City; was guest at the
National Hotel In December. During his
stay there he passed through the corridor
and observed a door OF one of the rooms
occupied by Juror open, and on the table
within lay a newspaper. which he secured
1t was copy of the EDe1sigg Critic OF De-
cember 10 h, and upon IT'S margin were the
names Of several of the Jurymen written in
ink.
John W. GuIteau, In his sfi lavt, declares
that these names are autographs of he
jurors named. This newspaper was handed
Mr.. ScOVille with statement OF the crcum-
stances.