The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-01-29
LATEST TELEGRAMS
THE EXCEPTIONS,
And Other Reasons UuOu
Watch Guiteau Asks for a
New Trial.

preme Court, District of Column
bla, the papers upon which he bases
his motion or motions for q new
trial. He says: Not being familiar
with the practice in this district, he
fled motions to assure himself
against the possibility of being de-
prived, through any legal techni-
cality, of the right of review by the
court in the general term. The
facts filed in support of the motions
are the prisoners affidavit; an affi-
davit of Frederick III. Snyder, as TO
finding a newspaper in the room of
the jury, under circumstances indi-
eating it had been lead by the
jury; the affidavit of J. w.
Guiteau that he is acquainted with
the signatures of the five jurors
whose names are written on the
margin of the newspaper said to
have been seen by the jury; that he
has seen them write their names,
and believes the writings on said
newspapers to have been the jurors
named. The last affidavit is that Of
Mr.. Scoyille, setting forth newly
discovered evidence upon which to
base motion for new trial. The
first paper is a motion for new
trial upon the following grounds:
First, by reason Of the uncertainty
in said verdict, in that the jury
found the defendant guilty, whereas
the Indictment consists of different
counts, various III form and incon-
slstent with each other in matters
OF substance; second, that said YER
dict of the jury does not specify
which count or counts of the in
dictment it was founded upon, and
several OF the counts being materi-
ally different from others,
the defendant is not advised
by the form of judgment of said
verdict as to the finding of the jury
on the material facts of the death
or place of death of the deceased;
third, that the trial of this cause
was commenced at the June term
of this court, but was extended into
the December term without author
ity of law fourth, that this court
had no jurisdiction in the case, by
reason of the decease having taken
place outside the District of Column
dia; ffth, that the court erred in
everything each and all the prayers
upon questions of law asked by
counsel for the defense, and in re-
fusing to instruct the jury as re-
qested in each of the fourteen pray
ers proposed by them; sixth,
that the court erred on the
trial Of this case in excluding
proper evidence offered by defend
ant as set forth in the bill of exep-
tions; seventh, that the court erred
on the trial Of this cause In admit
ting to g to the jury, improper evil
donce on the part of the prosecution
as shown in the bill of exceptions;
eighth, that the court erred in COM
msnting improperly on the
conduct Of the defendant, and on en-
tering into an arrangement with
the district attorney without the
knowledge of the counsel for the
defendant), whereby the jury and
expert witnesses. for the pr0secu-
cutiOn, during q portion Of the trial,
might observe the conduct of tho
defendant 10 subServe the purpose
of the prosecution, (ths defense
being insanity without the restrain
ing power Of the court being exer-
cised, until those purposes were &C
complished to the great prejudice Of
the defendant; ninth, miSbehavior
of the jury in reading. or hearing
read to them newspapers calculated
to prejudice their minds against
the defendant IL shown in the affi-
davits of Frederick H. SNYDER,
George Scoville, John w. Guiueau,
hled herewith; tenth, by reason OF
facts, unknown at the time
of trial and not ascertainable by
diligence on the part of
the defendant or his attorney having
come to light since the trial AS
shown in the affidavit filed here
with; eleventh, that the verdict is
contrary to the evidence; twelfth,
that the verdict is contrary to law in
the case. (Signed)
GEORGE SCovILLE,
Defendants attorney.
The second paper filed is a bill of |
exceptions and contains the same
points as made in the motion for a |
new trial.
AS an indication of how little |
weight is attached by the prosecu-
ton to the motion of Scoville for a |
new trial. District Attorney Cork
hill remarked to-day, before num-
Der of gentlemen, that Guiteau will /
be sentenced, and as |!
surely be executed not later than
June 10th.
Washington, 2S.-Guiteau, in his
on exceptions, says: AS he
is restrained of his liberty he Is
TO leave the whole mat
ter of new trial to ScovilIe. The
affidavit Frederick II. SNYDER offers
sets forth that he was at the Ma
tional Hotel during a portion of
the month of December, and occu-
pied a room near those occupied !
by the jury in the Guiteau case.
On one occasion he saw one of the |
rooms of the Jurors standing open,
but with no person therein, and on
a table in said room was a news
paper, and knowing it was forbid |
den jury to have newspapers, he
(Snyder) stepped in and took the
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