Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1882-02-10
.GUITEAU TO HANG JUNE 80,
JUDGE cox DENIES THE MOTION
FOR A NEW TRIAL.


The Scene in Court ON Saturday Morn
ing when the Motion was Denied and
the Sentence Pronounced.
Last Friday arguments for and against a
new trial for Guiteau were heard by Judge
Cox. Mr.. Scoville claimed to have discovered
additional new evidence, viz: That the jury
had been visited 10y certain improper persons
during the trial, aud that three or four per
sons would swear that one of the expert wit
nesses in the case had said, since the trial,
that he thought Guiteau insane, but did not
| say so on his examination, because he thought
| it would hurt his business. F. II. Snyders
| affidavit that he found copy of newspaper
in one of the rooms occupied by the jury,
with the names of four Of them written on
the margin, was met by the sworn affidavit of
each and all the jury that they did not read
or see a newspaper during the trial Norman
| II. Wizard swore that Snyder was thief, a
forger and blackmaer, and he would not
believe him under oath. The new evidence
claimed by Scoville in his written motion for
u new trial was found to rest in the statement
| of some person that he had seen strange
acting individual in one Of the Washington
parks last June, but did not know whether it
was Guiteau. Arguments were made by Mr..
| Scoville in favor of new trial, and by Mr..
Davidge in opposition. Guteau was allowed
| to sit at the table with the counsel, and it was
noted that his appearance was comparatively
| quiet and subdued, and free from any effort
to appear insane, such as he put on during
the trial.
Judge Cox reserved his decision until Sat
urday morning, when he overruled the mo-
ton for new trial and sentenced Guiteau to
be hanged June 80.
The Court Proceeding on Saturday
Morning.
The press dispatches give the following ac-
count of Saturday mornings proceedings in
the court;
After some preliminary remarks by Mr.
Scovlle about new evidence, Judge Cox began
| to read his decision from manuscript. He dis
oussed at some length the circumstances at
tending the finding of the newspaper in the
room of one of the bailiffs of the jury in this
case. As to the handwriting, Judge Cox said
there are several circumstances that make it
| improbable that at least two of the names up
on the margin of the paper were written by
the gentlemen themselves. If, as suggested
this paper was lying on the table in the bal
lifts room, and the jury, writing in albums
first tried their pens upon the margin, it
would amount TO nothing in the face of the
sworn afhdavt5 of every member of the Jury
| that they did not see or read paper at any
time during the trial No one could swear to
the fact that the jurors did write upon the
paper, while they all swear that they did not,
| and there is no reason to doubt their veracity
SO far as the discovery of new evidence was
concerned the evidence to be introduced was
as to the prisoners manner and appearance
prior to the assassination. II there had been
no evidence introduced upon this subject,
there might be some force in the request, but
a dozen or more witnesses testified on the
trial as to his manner and appearance cover
ing the period of time from March until the
commission of the act. The evidence sought
to be introduced would be merely cumulative
and would not affect the verdict As to the
| expert witness whose admissions after the
trial are alleged to have been different from
| his evidence given upon the trial, unsworn
admissions of this character could never be
considered as ground for overturning a YER
| dict that may have been obtained through the
| evidence of the very witness who from cor
rupt motive might seek to reverse a verdict
From all the papers presented Judge Cox
summed up, II am unable to find any reason
to grant the motion, which is therefore over
| ruled"
Mr. Scoville-I would like to note an ex
cepton to the ruling of the court
Col. Corkhill-Yodr honor, it new becomes
my duty
Mr.. Scovile-One moment, please. l
would like to file in due form the motion
which l referred 10 you yesterday.
Mr.. Scoville then filed his motion in arrest
of judgment. Gaiteau, who had been per-
| mitted to resume his seat at the counsel table
called out: IF your honor please desire
to ask if there is any motion that l ought to
make to reserve my rights 2" Mr. Scoville
| tried to prevent his speaking, but ne retorted
well, l don't want any advantage taken of
me. / want to know how much time shall
have to prepare my appeal to the court in
| banc."
Mr.. Scovile-Please keep quiet. We
haven't reached that yet.
Guiteau with much excitemen) I won't
keep quiet. am here and propose to do
| my own talking.
Judge Cox then informed Mr. Scoville of
the rules of practice applicable to the filing
of his exceptions and after this matter had
been arranged, Col. Corkhill renewed his mo-
ton, saying, 1T is now my duty TO ask for
the sentence of the court"
Judge Cox to the prisoner)-Stand up.
Have you anything to say why sentence
should not now be passed upon you?
Guiteau (still sittng)-I ask your honor to
postpone the sentence as long as possible.
Judge Cox-Stand up. Have you any
thing to say why sentence should not now be
pronounced upon your
The prisoner then arose, pale, but with lips
compressed and desperate determination
stamped upon his features. In a low and de.
liberate tone he began but soon his manner
became wild and violent, and pounding upon
the table he delivered the following har-
rangue II am not guilty of the charge set
forth in the indictment. 1t was Gods act,
not mine, and God will take care of it, and
don't let the American people forget it. He
will take care Of it, and every officer of this
government from the executive down to the
marshal, taking in every man ON that jury
and every member of this bench, will pay for
it, and the American nation will roll in blood,
if my body goes into the ground and am
hung. The Jews put the despised Gallilean
into the grave. For the time they triumphed,
but at the destruction of Jerusalem, 40 years
afterward, the Almighty got even with them.
/ am not afraid of death. l am here as Gods
man. Kill me tomorrow if you want. am
Gods man, and have been from the start"
The Sentence Pronounced.
Judge Cox then proceeded to pass sentence,
addressing the prisoner as follows:
you have been convicted of crime so
terrible in its circumstances and so far-reach-
ing in its results that it has drawn upon you
the horror of the whole world, and the exc
crations of your countrymen. The excite
ment produced by such an offence made it no
easy task to secure for you fair and impair
tlal trlal, Dut you nave had the power OF the
United States Treasury and of the Govern
ment in your service to protect your person
from violence, and to procure evidence from
all parts of the country. You have had as
fair and impartial jury as ever assembled in
a court of justice You have been defended
by counsel with a zeal and devotion that mer-
its the highest encomium, and certainly
have done my best to secure fair presenta-
ton of your defence. Notwithstanding all
this, you have been found guilty. 1t would
have been comfort to many people if the
verdict of the jury had established the fact
that your act was that of an irresponsible
man. II would have left the nennln the saLis-