Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-02-03
GUITEAU IN COURT
MOTION FOR A NEW TRIAL.
THE PRISONERS OPENING REMARKS.
AFFIDAVITS AND ARGUMENTS.
SNYDER'S RECORD ATTACKED AND DEFENDED

This morning there was gathering of people
in the Criminal Court room in expectation of a
brief revival OF the scenes OF the Guteau trial az
1t was the day set for the argument OF Mr.. SEQ
yilleS motion for trial. The crowd OF spec
tators, however, did not reach the proportions OF
the crowd on the dullest day during the trial. A
large number of people were assembled during the
morning on the sidewalk outside waiting for the
prisoner to arrive. The scenes in the courtroom
were somewhat different from those during the
trial. The temporary gallery back OF the bal
having been removed those who did not gain adj
mittance to the bar We're forced to stand up Mr.
Reed was the first of the participants in the tritl
10 arrive. He was followed soon by Mr.. Scovile
and Mr.. John W. Guiteau Frederick II. Snyder.
the ''finder' of the newspaper in the jury-room
came into the courtroom early, and took seat at
the cOunsel table by Mr.. Scoville Several members
or the jury arrived before the court opened nd
by force OF habit took their old places in the Jury
boX The van with the prisoner arrived a few
minutes before ten.
(suiteaU. as Usual, Has the First Word.
The court opened at 10 O'Clock, and the prisoner.
wearing his Overcoat and carrying ii basket In his
hand, was at once brought in and placed in the
dock. Before he had taken his seat he called out
to Judge Cox: "Can l sit at that table, if your
honor, please pointing to the counsel table
what about that, gentlemen ?" inquired the
court, and looking towards the district attorney
asked: .'Have you any objection. Co!oDel?D
mo. sir, replied the district attorney.
Tie prisoner was thereurOn conducted to the
counsel table and sat down. He had no sooner
manuscript and said: ''h the court please before
going on / desire to correct certain errors that
nave been creeping into this matter-newspaper
The district attorney here objected to letting the
prisoner go on.
NIr. ScoyiIle's Additional Motion for 9,
New Trial.
My. Scovile, rising, said he thought It was
proper to stop the prisoner, and go on. lie
desired, he said, to file additional notion based
upon an affidavit, setting forth facts discovered
since the preparation OF his former atfidavit
AFFIDAVIT AS TO A'FEELY AND DOWNS ''SEEISG THE
BOYS'-THE JURY.
MI. Scoville then read an affidavit setting forth
that during the trial the jury was visited by
MeSsrs. VIM. McFeely and John r. Downs. for the
oStenSbie purpose OF ''Saeilm the hovS and taking
cigars TO them, and that or the 2d instant he was
informed by mail that four persons would testify
II The Interests OF justice demanded that one OF The
expert witnesses since the triil had declared his
bei1ef that Guiteau insane, but had thought it
would damage his business to so testify. Mr. SEQ
Vile set forth his belief that he could obtain the
names OF these witnesses n three or four dayS
Upon that affidavit, Nj. ScoyiJle said he wished to
lilT GIa ms aadtional motion Tor new trial.
closely for some minutes.
"We are ready to go Oh with the notion your
Aohof, Saiu the dlStr1cC attorney.
Mr.. sCOyILLE PLEADING FOR FURTHER TIME
Mr. Scoville said he had three reasons to offer
why the defence should have further time. 1t
was doubtful whether the matter under considera-
ton would not take three or four days of inyest-
gation. Also, he had assurances from a prOmi-
nent member OF the District bar, that some time
next week he would come into court and help
him.
who is that Mr.. Scoyllle?" asked the district
attorney.
cat present., replied Mr.. Scoville, ~ do not care
RoDlnSon) declined to furnish me the name OF a
gentleman whom he had asked to help him. and
decline TO furnish the name of this gentleman to
the prosecution. Will furnish it to the court in
proper time''
In the third place. MI. scovire said, the immedt
ate decision of this motion pending before the
court cannot facilitate the inaI execution of the
Judgment OF this court day or one hour He
Thought If it was possible for him In the time
named to secure assistance the court should gran
the time.
The Court Decides to Go On.
The court said that he thought they should pro-
ceed, and as they proceeded he would consider the
new matter brought to his attention.
MI ScoVllle said he would lila his new motion
curing the day. He had hot had time to prepare
The court said that would do
. me district attorney remarked: "The time for
the nlns OF motions has expired, your honor"
Mr. Scoville then read the afidavits OF Frederick
r. n: Snyder, John w. Guiteal Chas. j. Guiteau, and
Geo: Scovilie, in support OF the motion for a new
TRIAL, heretofore published iE THE STAR.
THE BILL OF EXCEPTIONS.
During the reading, the court having asked him
about the bill OF exceptions Mr. Scoville said that
1t would take some time for aim to prepare it. He
was waiting at present for the record of the last
three days OF the trial, which had not yet been
printed
AS TO THE AFFiDAvrTs
When the affidavit OF MI. j. W. Guiteau as to
handwriting was read, Mr.. Corkhill remarked
that he did not think that Was good testimony.
When Mr. Scovtlle read the last affidavit, regard
fayette Square last June, the prisoner said: 81
guess that's true. That all happened in June
% used to go to the park and sit there during that
Mr. ScOville Wants a Commission to
Examine Witnesses.
Mr. Scoville said he did not think this matter
could be tried by afli1avit He renewed his
suggestion that commission should be appointed
to examine the witnesses. He referred to a case
in the year 1873 he Curtis CASEY in this court In
that case, he said, the gentleman himself (Mr,
CorkhilD was counsel for defendant, he obtained
an order for such q commission as he (Mr SEQ.
Wiley now proposed He thought it was a matter OF
great Importance that there should be opportunity
OF questioning the witnesses. 1t was very easy
thing for a man to make an affidavit that he did
not belleve certain signatures were genuine. II
ne M had dan an opportunity, he proposed to place be-
on the border OF the newspaper and those written
in autograph albums He did not accuse the jury
OF any Intention of doing anything unfair or i'm
proper. He did intend, however, IL possible to
get at the truth OF the matter The whole question
seemed to resolve into the issue, whether these
signatures were correct or not. Right by the sig.
natures was an article which II read by the Jury.
would undoubtedly afford grounds for new trial
according to all authorities. He asked that the
court should take such steps as would probe this
matter to the bottom, so that there might be no
mistake as to the question OF fact He was willing
the court should call In any experts to examine the
signatures. Back Of this were other questions.
AS TO SNYDER.
Mr.. Scoville said he was accused Of procuring
forgery, and reputable citizen OF New Jersey.
against whose character he defied anyone to bring
any accusation, had been charged with forgery.
The motives and conduct OF that gentleman ought
to be recognized by the court as being in accord
ance with the principles Of justice. Knowing
that his course would bring him In reprObation In
certain classes, nevertheless, he had courageously
come forward. These matters had gone before
the country and should be Investigated. The dis
trict attorney had gratuftouSly stated in this
court that this gentleman had been arraigned
here for forgery. He thought such statement
should be made with great care. He was informed
that there was nothing OF the kind, In fact. He
was informed by member OF the grand jury, who
investigated the case against h1m-a charge Of
purloining letters-that It was found to be an
action OF spite and no foundation for criminal
UY-