Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-01-30
EASTERN DISPATCHES,
GUIrEAU MATTERS.
scoville Moves for a New Trial
Twelve Reasons Given for His
Motion.

WASHINGTON, January 2S.-This alter
tsrnoon Scovills fled in the Supreme
Court OF the District Of Columbia the
papers upon which he bases his motion
or motions for anew trial. Not being
familiar with the practice in this Dis.
trict Scoville concluded to file motions
to assure himself against the possibility
Of being deprived. through any legal
technically. OF the right OF review BY the
Court in general term. The papers filed
In support OF the motions are: The
prisoners affidavit and the affidavit Of
Frederick Il. Snyder a. to finding .
newspaper in the room occupied BY the
Jury under circumstances indicating that
il had been read by the jury. The afi.
davit OF ]. W. Guiteau reeitss that he 10
acquainted with the signatures OF the
Ave Jurors whose names are written on
the margin OF the paper said TO have
been seen by the jury. The AFFIDAVIT
says he has seen the Jurors write their
names, and believes the writing on
said paper to have been made by the ju.
rors named. The last affidavit, or that
OF AIR. Scoville, sets forth newly discov.
cred evidence upon which he based
the new trial. The first paper is fhs
motion for o new trial on the grounds:
Firstly reason OF the uncertainty Of
said verdict. in that the jury thereby
found the defendant guilty, whereas the
indictment consists OF different counts at
variance and inconsistent with each
other In matters OF substance. Second
That said verdict OF the jury does not
specify which count or counts OF the in
dictment 1t was founded upon. and sew.
sral OF the counts being different from
the others, the defendant 10 not advised
BY the form or substance OF said verdict
as to the finding Of the jury upon the
material facts OF tho death or place OF
death OF the deceased. Third-For that
the trial Of this cause was commenced OF
the June term OF this court and was not
concluded In the same term OF court.
but was extended into the December
term without authority OF law. Fourth
For that this court had no jurisdiction
Of this cause. by reason OF the death OF
deceased having taken place outside OF
the District OF Columbia. Fifth-For
that the Court erred in o%verruling each
and all the prayers upon the question OF
Law asked by counsel for the defense and
in refusing to instruct the jury. as re-
quested, in each Of the fourteen prayers
proposed by them. Sixth-That tho
Court erred on the trial OF this q In
excluding proper evidence offered BY the
defendant. as set forth in the bill OF OF.
ceptions. Seventh-That the Court erred
on tho trial OF this cause In admitting to
20 to the jury improper evidence on
the part OF the prosecution. as shown In
the bill Of exceptions. Eighth-Thas
the Court erred in commenting improp.
erly during the trial upon the actions OF
the defendant and In entering into an
arrangement with the District Attorney,
without the knowledge Of counsel for
defendant. whereby the jury and the ex.
pert witnesses for the prosecution dur
ing o portion Of the trial might observe
oertain conduct Of the defendant to sub
serve the purpose Of the prosecution
(ths defense being insanity, without
the restraining power Of the Court being
exercised until those purposes were 40.
complished. to the great p~rejudios Of
the defendant. Ninth-Misbehavior OF
tho jury in reading or having read to
them a newspaper calculated to preju'
dice their minds against the defendant,
as shown by the afidavits Of Frederick
Snyder. George Scovillo and John W.
Guiteau. filed herewith. Tenth - 10y
reason OF new and material facts. un.
known OF the time OF the trial and ascer.
tainabls by reasonable diligence ON the
part OF defendant and his attorney. hav-
ing come to light since the trial as
shown in the affidavit filed herewith.
Elsvcuth-That the verdict is contrary
to tho evidence. T~welith-That the YER
dict is contrary to the law OF the case.
(Siened): GEORGE ScovILLE,
Defepdapt's Attorney.