National Republican. (Washington City (D.C.)) 1872-1888, 1882-01-30

Deiencants Attorney.
BILL OF EXCEPTIONS.
United States Of ADlcyicd District of Columbia 49,:
In the supreme Court of the District of Columbia,
holding criminal term. The United States VS..
Charles J. Guiteau.-Case No. 1856 indictment
for murder.
And now comes the defendant in this case, by
George Scoville, his attorney, and moves the court
to SET aside the verdict and grant a new trial in
this case, which motion Is founded upon the bill
of exceptions.
The grounds upon which this motion is based
First-That the Court on trial of this cause,
admittedim improper evidence on behalf ofthe prose-
cution, as shown in the bill of exceptions.
SCcond-That the Court, on trial Of this cause,
excluded evidence offered on behalf of the defend
ant, which was proper for the defense, as shown
Thrd-That the Court, on trial of this cause,
erred in overruling each and all OF the prayers
upon questions oflaw asked by counsel forthe de-
tendant and in refusing to instruct the jury as re-
quested In each of the fourteen prayers so asked.
Fourth-That the Court, on trial of this cause,
erred IN ls instructions TO the Jury which errors
Fiuh-That the Court, OH trial of this cause,
erred in his charge to the jury, which errors are
specifically set forth in the bill of exceptions
SiNth-By reason of uncertainty in said verdict,
In that the jury thereby found the defendant
guilty as indicted" whereas the indictment con-
sists of different counts, variant from and incon-
sistent with each other in matters OF substance.
Seyenth-That such verdict of the jury does not
specify which count or counts of the Indictment it
was founded upon, and several of the counts being
materially different from Others the defendant Is
not advised by the form or substance of said YER
diet as to the finding of the jury upon the mate
rial facts OF the death or place of death of the de-
ceased.
Eighth-For that the verdict was contrary to the
law OF the case.
Ninth--FOr that the verdict was not in accord
ance with nor warranted by the evidence in the
case,
Tenth-For that evidence of new and material
facts has come to the knowledge of counsel for the
defendant since the case was closed as To the In
PRODUCTION of evidence on his behalf which evil
dam mil mi fnl
not ascertainable by reasonable diligence on be.
half of defendant, and which evidence, with
names Of witnesses, is set forth in detail in the
Elevcnth-FOr that the jury misbehuyed in pro-
curing and reading newspapers, us is shown in
George scoville, and John Wilson Guiteau.
GEORGE SCOVILLE
Defendants Attorney.
The papers filed in support OF the motions are
The prisoners affidavit; the affidavit of Frederick
II. Snyder as to the finding of newspaper under
circumstances indicating that IL had been read by
the jury; the affidavit off, w. Guileau that he Is
acquainted with the signatures of the five Jurors
whose names are written on the margin Of tho
newspaper said to have been seen by the iury) :
that lie has seen them write their names and be-
leves the writing upon said newspaper to have
been made by the jurors named. The last ailda.
vii is that of Mr. Scoyille setting forth the newly.
discovered evidence upon which he bases his mo-
ton for new trial
GUITEAU's AFFIDAVIT.
United SiatesQ Of Americd, District Of Columbia, Wash
In the supreme Court of the District of Columbia
holding criminal term. The United States VS.
Charles J. .Guiteau-Case No. A0G; Indictment
for murder.
Charles j. Guiteau, the defendant in this cause,
being duly sworn, saith that by reason of his con /.
inemcnt in JUL and being restrained uf his liberty
he has been unable personally to give any atten.
tiOn to those matters pertaining 70 The question of
. al
bearing thereon, except from hear,ay and that he
has therefore been compelled to leave the whole
matter to bis attorney George Scoyllle, esq and to
rely upon such Information ana points rs he may
CHARLES J. GUITEAU.
Subscribed and sworn TO before me this 2Sth OF
January 1881. j. KIMBALL, Jr,
Notary Public.
sSYDERs AFFIDAVIT.
United States Of America, District of Columbia In
the supreme Court of the District of Columbia,
holding a criminal term. The United States vs.,
Charles J. Guiteau-Case No. l4.056; Indictment
for murder.
Frederick II, snyder being duly sworn, saith
that he is resident of Jersey City in the State OF
New jersey that he was temporarily staying in
the city of Washington, in said District of Column
bia, a portion Of the month of December, A. d.
1851, and while so staying in said city he
was guest at the National Hotel, in said
on the same floor and in the vicinity of tho
rooms occupied by the jury in the above enti,
this said room through the halls Of said hotel he
necessarily passed some of the rooms so occupied
by said jurors and the officers in charge Of them
that this ofhant was such guest at said hotel as
aforesaid from the 7th OF said month of December,
1881, or thereabout, until the 10th day Of the same
month, or theTeabout, and occupied said room, No,
36, during all that time. Ailant further saith
that on the 18Th day Of said month Of December,
1881, between theSburs Of hve and six o'clock in
the afternoon OF that day, he was passing through
the hall Of said hotel leading from his said room
past some of the rooms occupied by said Jurors
and officers In charge of them-to viii, through
the hall dividing rooms Nos. 81 and % from Nos.
93 and Dl-and found the door Of said room