New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-06-03
ANOTHER EFFORT FOR GUITE4U.

MR. REED PRESENTS a PETITION FOR RFHEARING
oP TIE AssAssIN's CASE.
WAsuINGTON. June 2.-This morning, in the
Court IN General Term Charles II. for Charles
Guiteau presented petition for reAearg OF the
He says in his petition:
II appears by the record In said cause, PAGE l7j7
that the said defendant az me proper tme during his
trial in the criminal OF said Court by his attorney,
ked and prayed he Court 70 give TO the jury
lion knowr as prayer No 49, which and follows
The Jury are instructed To mud separate verdict upon
a. il charged in the first, second, iourtn, fifth.
seventh ANA eighth counts Of tAe indictment in this
Cnunty OF Washington in said District If Columbia, and
there is no evidence OF such fact therefore, the jury
directed md the aCcusCO not su9 upon ech OF salu
counts separately ,, ,,-,
that the Court refused To give such instruction TO The
iIrv IL also appears i'll pOn thlPytwO that the
defendant APT and proper tue In due form Of law,
cepted he decision OF the Court IN refusing TO give
said instruction jury prayed Ii appears
cnsvelv from the undispued record in cause that
Inc deceased James \. Garfield died Ia the County OF
Monmouth and state OF New-Jersey, and that
no evidence offered or produced which showed OF
Columbia therefore respectfully submit that the said
instruction should have been given to the jury. The
Ell and truthful record III SAID cause, and should not
have been and should not now be embarrassed
1t also appears by the record, page 2349 that the
ry found general Yerdic guilty against the defend
am upon all counts VI the Indictment aud that the
defendant reserved by express consent Vi the Court
exception to refusal to grant the prayed
by tue defendant and to the charge
Il submit that req aires that indictment for
murder should aege the place OF DEATH anu that the
evidence should sustain such allie cation. Tue District
Attorney considered such an allegation necessary for
each the IN lctment III tls Gaze contains an
yerment the place of death. II II necessary 10
aver place death IL necessary To prove IL IN TINS
trial All he precedents aud authorities Ia England and
America require such allegation, except Ia 10 Webb
1kausas) cited ny brief this nave referred
10 few of tne authorities IN my brief, but cite
numerous others II the honorable Court 20 desires.
This Court ils opinion IN this case dd not refer 10
fbi, ouest on and gave decision upon II. cannot
beli.ve ms Court stflke down the precedsnts and
m noritIes in orGer impose upon TINS defendant false
record In ills behalf ank ana petition TINS Court Tor
Truthful record confidently believing my pray Will be-
promptly granted
Chief Justice Cartier and Judges James and Cox
on the bench and DIstrct-AOrney Corkhlu present
ndge Cartier said that Court lad decided, right
wrong that place Of death immatelial 10 the
crime: the offence oil murder consisted in the violence
not IN the death although tue death was al essential
badge OF the crime -
MI Reed argued that the defendant was entitled to q
truthful record and, the Nerct was general One
of guilty On al the counts when there WAS no evidence
ia sustain some OF them, l. was not truthful Judge
Cartier the motion az not deOaaOio' ana thought
~ Bencn would able 10 render decision Tomorrow