Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-02-04
New Trial a Thief, F0rger and Black.
mailer-SeoTille's Hopeless Case
Letter from GuIteau.


desire to correct a few errors that have crept
in"
At this point he was stopped by the Court.
Colonel Corkhill objected to any remarks
from the prisoner.
Scoville also objected, and thought any
thing Of the kind had better be postponed
until the business before the court was dis
posed of. ScovilIe continued: "If your
Honor please, / have contem plated that
some additional time should be given for the
motion. / have also the assurance from a
prominent member of this bar that he will
assist me next week"
Corkhill asked "Who is the gentle
MANI"
Scoville declined to give the name at pres
ent, except in confidence to the Court. SEQ
vile then desired to make a new motion re-
latiye to additional grounds that he had dis
covered for asking a new trial. These
grounds, he stated, were unauthorized con-
versations with the jury by outside parties,
and the second the subsequent admissions of
an expert that he thought Guiteau insane,
but did not dare say so for fear it might in
jure him in business and public estimation.
Scoville read affidavit, sworn to and
subscribed to By himself, setting forth in de-
tail the grounds stated, and added: 81 have
not yet prepared formal motion, based
upon this affidavit, but presume it will be
sufficient if | do 20 at any time during the
day"
Corkhill-May it please your Honor, the
time for filing suth motions and affidavits
has expired.
Judge Cox-Well, we will postpone con-
sideration OF the matter until the motion be-
fore the court is disposed OF.
Scoville proceeded to read the affidavits
and other papers filed by him with his mo-
ton for new trial.
II Suvdpr m kar of ba ,ffsJ ayit YI,,of,
which Scovilie relies mainly to sustain his
motion, sat Immediately in the rear of Sco-
vile. After the reading of the Snyder
affidavit Scoville defended both the affiant
and himself from the criticisms which he
learned had been made by the prosecution.
Colonel Corkhll, in reply, said: Neither
Snyder nor Seville are on trial. When
they are on trial in this court l will attend
to them. At present the subject under dis
cussion is whether a new trial shall lie
granted to the convicted murderer of James
A. Garfield. l have stated that the sigma
lures upon the paper, which form the basis
OF the Snyder affidavit, are base forgeries,
and expect to prove them SO to the satis-
faction of the court and the country. l have
never accused Scoville OF the forgery, and
never supposed him to be guilty of it,
Colonel Corkhill then read the affidavits
of each member of the jury, in which
they most positively denied ever having
seen or read copy OF the Critic, or
any other paper, during the time they
served as jurors upon the trial of Guiteau.
Following these was read the affidavit of
Norman Ward to the effect that he had
known Snyder for fifteen years. and TO his
knowledge said Snyder was thief, forger
and blackmailer, and tn at he (Ward) would
not believe him under oath.
Colonel Corkhill read the affidavit of John
L. Sargent, formerly a detective in Washing
ton, and Detective McElfresh, who arrested
Snyder several years since on the charge of
gran larceny; also George c. Curtiss, bailiff
in charge OF the room from which Snyder al
leges to have taken the copy OF the Critic
with the Jurors names upon it. Affiant did
not purchase Critic during the trial, or have
one in his room; that the only persons that
the suspicious of the bailiffs or
jury were F. HI. Snyder, Mr.. Scoville, and
J. H. Hayden. These parties passed the
rooms on several occasions without having
any ostensible business, and were objects Of
to both bailifs and jurymen.
Affiant further swears that he found the
Critic in the bailiff7s room; he (Curtiss) was
there, and the jurors were also in their room,
and that it was impossible for Snyder to have
taken Critic from his room unless he had
first placsd it there.
The affidavit OF A. +. Searle, another
bailif in charge OF the jury, was then read.
1t was of the same tenor as the preceding
1ne; also the affidavit OF Henry Bragdon, the |
party alluded to by .Scoville in his affidavit, |
setting forth newly-discovered evidence as
ground for new trial. Bragdon's affidavit !
ets forth that he saw a man in Lafayette |
park alleged, and remarked of him that |
lie looked like disappointed office-seeker |
,r lunatic, but he does not know whether ii |
vas Guiteau or not. =
Corkhill, in conclusion, submitted the affi- |
lavits that be had read as amply sustaining his |
of forgery and fraud, and there |
ore he would refrain from adding any argu- |
nent.
Scoville, in reply, severely denounced the |
Ittempt to blacken the character of Snyder, |
md said it was on par with the |
etters sent to him (Scoville) impreg-
Iated with smallpox virus, and the |
irus injected into these sfidavits,
ii instigated by the personal spite of one
nan, Norman Ward, would go out through
Ii the land, and years might be required to
ndo the injury thus proposed to be done to
n honorable man, the peer of any in the
ourt-room.
Corkhill raised laugh by asking, in a
One of innocent inquiry: you are not
peaking of Snyder, are your"
Scoville replied, with marked emphasis:
Yes, sir, am an honorable man."
He then asked the Court to expunge from
ne affidavits everything of the character he
ad discovered.
Judge Cox replied that the objection was
leariy well taken, and that much of the
Gdavit objected to could not be considered
5 evidence. Judge Cox then stated that he
ouid not vary from well-defned rules of
ractice as to the admission OF affidavits or
lie time for hearing the motion, but as new
uestions were submitted in the pending mo-
on, he would take timeto mature his de-
sion, and would not announce it until to-
borrow morning. He, however, would be
leased to hear any legal authorities that
,unsel might desire to cite.
Sceville then spoke one hour in support of
is motion, and cited many authorities and
recedeits. -..----+t..--
Davidge discussed at some length Snyder's
hdavit. Quoting from one of Molier's
lays in which the hero exclaims: "What in
lie devil was he doing in ttrSt gallery"
ayidge said, applying it to this case: "What
the devil was Snyder doing in that ROOM
Laughter. "What business had he there
ore than in my room or in my library? l
IRE nothing for the general character of m an.
e was found in the novel and unenviable
It of invading the sanctity of juryman's
'om. What business had he there? Why
ID he enter that room?"
Guiteau, who had thus far refrained from
king any part in the discussion, called out:
de said the door was open and he saw the
aper." 81 FE
Davidge-Yes, 1 know, Mr.. Prisoner; SO
e a great many doors open, but what would
~ think of me if / went housing around
-ivate rooms?
Guiteau-H you had been in Snyder's
ace you would have done the same as he did.
Dsvidge continued to discuss the affidavit
Snyder. 1t was a very easy thing for
lyone to have put into the bailiff's room
e newspaper in question, with the express
tention OF having it found there. he con-
1ered this evidence of the newspaper of
nv little account.
This elected from Guiteau the comment:
|ery strong presumptive evidence, Judge, ,
pecially with a grog jury-a Jury that :
lokes and drinks and plays cards."
Seoville then Indignantly replied to the
iticisms made against Snyder, both by
unsel for the prosecution and by atlantis,
ying he had been mahgned and traduced.
The usual amount of Grimm alton and re-
limitation was INDUCED in, Scoville, Cork
II, Guiteau and Davidge all participating.
Judge Cox then asked Scoviile 10 hand !.
m certain authorities from which he had
Ioted no Iowa and 43 Connecticut, and
is. being done, the court adjourned until =
morrow, when it Is probable that Judge I I