New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-28
SEQUELS OF TIE TRIAL.
MIR. sCoYu.LE HARD At WOW.

MIR. SCOVH.LE HARD At WOHF.
| WASHINGTON. Jan. ga rijnor which was ex-
ploded before il had gained much circulation. was
started this morning tkat Cuiteau had committed
sicide in his cell II served. however TO put few
extra dollars in the pockets of the hackluen who
| were called into rcquisition by tho anxious re-
portcrs; and as the same has frequently h'en
started before 1t Is not unreasonab to assume that
it has been done in the interest OF the hackmen AS
against this runor said b. the jail officials thatthe
prisoner appears much brighter and more laxative
! than Yesterday that he has quite recovered from
the rapable depression succeeding the verdict and
| now talks with his usual sanGuine confidence OF
the assistance and sympathy he 10 receive from
the American people. and of the new trial which is
! to yindcate him.
! Mr.. Scoville was found at his hotel this noon
| busily engaged in drawing up the afidayits upon
| which TO found his motion for new trial He
rema ked that he should not lille them in court till
! the last moment as some new and material points
were continually being suggested. " Even tins
morning" he said, have newly discovered evil
dence to add 10 my reasons for moving for new
trial. and as every fact upon which l rely must
be embraced in my afidavits, l am anxious
| TO improve the very utmost moment
OF grace allowed by the law. II is unfortunate for
NE that the given to the jury on Wednes-
| day instead of Thursday. as 1t virtually allows me
only three days instead of four. The fonrth day
! falling on Sunday | am compelled to file my papers
on Saturday. However. presume should expect
that the prosecution would improve every technical
advantage. That has been their course all through
| the trial.
| Mr. scoville vii not visit the prisoner
un ete po nc5 mo- roS tRd
bed in Mr. Scoville's room all addressed
he IiTapr . ha Ior 'hnrI O. ]
Guteau. These were being examined by Mr. SEQ
Vile with a view to withholding such a. he deemed
improper 70 90 10 the prisoner. n face OF the at
torney indicated that he entertained this morning
somewhat more hopeful view than he did yester-
day, yet II can hardly be questioned that he Sihl
looks upon the prospects of new trial with far
more doubt than with favorable aHUIcipatlons
COMMENTS ON THE RESULT OF THE TRIAL
Judge Aru0ux, Of the Superior Court said yes
terlay, in reference to the chances of a new
trial for Guiteau that a new trial could only be
granted for some error in law which had taken
place in the of the trial. Such an
error could only arise from the improper admission
or exclusion of evidence. from something in the
judges charge to the jury. a. far he could Judge
from the published reports Of he trial exception
had been taken by Guiteau's counsel 10 Judge CoXs
charge In regard to the admission exclusion Of
evidence no material error would seem 20 have been
made. 1t was possible, however. that errors had
been made which would mperil the verdict. Judge
Cox had appeared always in his rulings TO lean to
the side Of the prisoner and|hal certainly given
him fair trial Guiteau could not hope
for more favorable trial. In regard
to Mr.. Scoyille's objection TO the Judges
charge that he had not reviewed the whole of the
evidence Judge AruOux said that judge was not
obliged to review the evidence unless he thought
tit to do
Judge Russell, of the court, said that he had
followed the Guiteau trial fully. and did not
think that there was any probability that the court
in banc would grant new trial. Even if some evil
dence had been improperly admitted he did not
think in view Of the wide scope which the trial had
taken tina! the prisoner had suffered any prejudice,
or that q trial would be granted that ground.
The evidence IN regard 70 Guitcau's peCadlOes
ought perhaps to have been excluded unless it was
introduced to show that the prisoners conduct was
not the result of insanity, but OF depravIty. 1t was
probable that Judge Cox had consulted with the
other judges in regard 70 some Of his decisions.
Surrogate Rollins said that he had not been able
to follow the trial very closely. As far, however as
he was able TO judge, nothing had occurred to i'm
peril the verdict Jldge Cox had acted with very
great prudence. He had been subjected TO severe
criticism, of which he must have known and which
he could not have been thlCk-sklnned as not to
have felt, and yet he bad continued to show
favorable TO himself, Lad little chance OF getting
another trial
No fears appear to be entertained by LAWYERS
that the conviction will he reversed appeal. II is
generally believed the first place that Judge Cox
has acted upon the suggestions nj advise of his
suCiates who will hear he case OIL the appeal. IN the
general line OF policy which be has followed with
regard 70 the treatment OF the prisoner and the adj
mission of testimony. His ratings have, besijcs in
almost all cases Of doubt, been In favor OF the |
prisoner so that few exceptions have |
been taken. One Of tne most important |
of these exceptions was that taken % tue admis- |
sion Of certain testimony Of Emory A. >tOrrs. He |
was asked not only 10 give a narration Of certain |
incident, connect ed with Guteau, but he wa. !
q. is nf rip Sc t,T.f Ina
his opinion OF the sanity or insanity OF the Drs-
oncr as indicated by those acts. Mr.. ScOyiIlc ex-
copied 10 the admission Of his answer on the ground
that Mr. Storrs was not an expert. Although the !
question came very close to the dividing |
line, 1t Is not believed by lawyers that !
the form III winch 1t was finally allowed |
to be asked will give auy grounds Tor d claim OF |
error The other exceptions are almost al InsIg- |
utcant and probably will not b. seriously relied |
on Mir ~covIlr attempted TO make much of ux- |
Judge PCrters correction IN his closing address OF
the false statement by Outrau as H. the sentiment
of the country bus Mr. ccoyIue certainly could not
assert that the Judges ruling was not fair to his /
client
An Interesting circumstance occurred at a board
in house IN Madison where Nuteau lived for
short time In the of the Presidential canvass OF
1850 The tables In the dluniug-;oom were full ed |
pe,,i,v evening and several uI those who boarded |
AT the place when GUIteau was there were seated in
their !aces. No one knew OF the verdict uAcII u |
yount man came IN and said quietly 20 those acar |
him Good for the jury Then the news |
wa. told IL created excitement, and everyone
stouped to talk OF Ii. An elderly gentleman then |
addressed everyone; lou will pardon ne, but !
must saw now what feel or 50 mad You know !
haven't tal ked about the case while it was going
on but NOW I've got to say word. some you
have seen this wretch. You may not have noticed |
fh. fellow much as he came 10 his meals dccently
dIesscd was generally quiet here ana didn't NEEDLE
much with other peoples business. But I've seen
bilu under other circumstances and l know how
black his heart is And now that there Is chance
that l shall Dr called witness I'm free to say
what has long been On my mind. was brought
INTO lrru,eut contact with Guiteau Tor
considerable length CT time, and
don't suppose | could give you
a better idea Of the feeling Of tair-mInded men
tnMnrl him than hY narraLlMg an Inclent that Oc-