Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-06-06
ANOTHER MOTION BY MIR. REED.
JUDGE WYLIE DECLINES TO ENTERTAIN IT

COURT ana say tat ne is an attorney ana counsellor
at law of said court and that he is the sole at
torney of CharlesJ Guiteau in said cause and that
on the sth day of October A. D. 1881 the grand jury
OF said court presented to said court Indictment
against said Guiteau for the alleged murder OF
James A Garfield, late President OF the United
States and that said defendant was tried for said
alleged crime before a jury and found guilty, and
was on the 4th day OF February, A.D. 1882 by the
Judgment OF said court sentenced to be executed
by hanging on the 3Oth day OF June A. ID. 1882 and
that said indictment contains ten counts all refer
ring TO the same alleged crime. and that the 1st, I'd,
4th, 5th, eth and Sth counts OF said Indictment
allege that the said James A. Garfield died in the
county OF Washington in said District OF Columbia,
and that the other counts of said indictment allege
that he died in the county Monmouth the state
of New jersey, and that the uniispute1 record In
said cause conelasively shows that said James A.
Garfield died In said Monmouth county, in the
state OF New Jersey, and not in said District OF
Columbia; and that there was no evidence what
or even tended to show that said James A. Garfield
died In said District OF Columbia; and that the
verdict OF the jury in said cause was a general
verdict OF guilty on all the counts in the 1ndict-
ment; and that the judgment OF the said court on
said verdict was general judgment, without spe-
clfylng any particular count or counts OF said in
dictment; and that said defendant, by his coun-
sell at the proper time during said trial, asked the
said court to instruct the jury to find him not
death OF said James A. Garfield, in said District OF
Columbia, which the court refused to do, and the
defendant then and there duly excepted to such re-
fusal and that the said judgment should have been
specially rendered upon the counts OF said indict
ment, which were supported by the evidence and
not generally upon the entire Indictment Your
petitioner further on his oath respectfully repre-
sents and says that he. the said defendant. has a
lawful right to truthful record In said cause; and
that he should not be embarrassed or teOpardized
10y false record in every respect: and that an
appeal was taken from said Judgment and sent
that your petitioner honestly believed that the
said supreme court In general term would reverse
said Judgment for errors committed in and by the
criminal term in the trial OF said cause, but In
this your petitioner has been sadly and unex-
Pee peetedly disappointed; and that this is
tine FIRST and reasonable Cppo
for the presenting OF this petition since said iudg
ment was rendered; and that the statements and
at large appear in the said record in said cause to
which your petitioner hereto now refers. Where
fore your petitioner for and on behalf OF said de-
fendant respectfully asks and prays that the said
record and Judgment be SO amended and corrected
In some lawful form and manner as to show and
conform to the facts appearing OF record In said
Cause"
The petition was subscribed and sworn 70 before
Clerk Williams OF the Criminal Cpnrt
Judge Wylie's Response.
The court maintained that the record itself was
court, sit in appeal on what the Court in General
Term has done?"
Mr. REID INSISTED
that the court had ample power to do what was
asked as sustained by authorities 81 ask, your
honor, he said, ''that the judgment be so amended
as to apply only to the counts, alleging death in
New jersey. have no appeal to the US. Supreme
Court; this record embarraSSeS me In what pro-
pose to do"
''Is not this true record of what took place be
fore the cGt:rt7' asked Judge Wylie, In q very
unencouraging tone
To this Mr. Reed asSented. He argued, however,
In support OF the right of the court to amend the
record "If 1t was an oversight On the part OF the
defe nce," said Mr. Reed, not to have the record
properly made at the time. certainly no harm can
be done to the government by making it now. I
have
BY NO MEANS ABANDONED THE CASE,
and will not till the last hour. If this record in
any way embarrasses me, know your honor will
correct it."
JUDGE wYLIE SAID
he had no doubt at all that the court would amend
the record Mr.. Reed, however, was asking the
court not to amend the record, but to make a new
one. The history OF the trial, it was admitted was
a correct account OF what had taken place. The
court was now asked to hear motion which
was not made at the proper time. The
to the true history of the case, and allow the de-
fense to insert motion now, which was not made
when it should have been made. The amendment
Mr.. Reed asked was TO incorporate into the record
new facts. The question was whether after the
General Term had confirmed the judgment in the
case the defense could come to this court
THE DISTRICT ATTORNEY AND Mr. REED.
The district attorney having remarked that the
same application was made before the Court IN
General Term Mr.. Reed said: 'sThe district attor-
ney is entirely mistaken, 1 have never made such
record. Now, ask the district attorney whether
1t is unchalenged history that President Garfield
died IN New Jersey. This embarrasses me in
what wish to do in behalf OF man whose life
is at stake. 1t is undfsputed history that Presi-
dent Garfield died In New Jersey. The counts
which allege death in the District OF Columbia
81 will admit that" said the court, "but the
question is not whether the district attorney con-
sents, but whether the court has power"
JUDGE wYLIE's "CUT OFF,"
Mr.. Reed having made an appeal In behalf OF his
client, Judge Wylie checked him by saying: "Mr.
Reed it is impossible for me to grant this motion"
Judge WylIe thought the judge holding the court
now was not the proper party to make such an
anne ndment even If the court had power.
NO APPEAL FROM THE COURT IN GENERAL TERN
Judge Wylie observed that the Supreme Court
of the District had held that the place of death
was immateriaL The defence could not appeal
from that court to him.
81 am not appealing from them to you," said
Mr.. Reed, although might, with some conf
to say that it don't cut me of from what propose
to do"
served: rye 4 don't consult with the judges as some
their opinion win be-"
Wylie, smiling, 81 will be glad to see you" Judge
Wylie, further commenting on the matter, said:
o III
good deal Of truth In the old motto, 1.-The judge is
condemned when the rebuked escape"
The Result Announced to Gufteau-
What He Said-The Next Move.
Mr.. Reed and STAR reporter visited the Jail Inn
mediately after the decision of Judge Wylie was
rendered. Guiteau, who was lying on his bunk In
his sleeping CELL arose and greeted his visitors in
friendly way, and then proceeded to the adjoining
CELL which he calls his office. Mr.. Reed announced
to him the result OF his effort before Judge Wy
lean announcement which Guiteau received ap-
parently with compoSure and calmneSs "The
court IN banc," he said with some vehemence
Iafter awhile, s'are towards and cranks II the
powers that be don't save me and take care
81 me God Almighty win come down upon
them. / want 1t distinctly understood that
I'M Gods man. God has revealed to me recently
that He will take care OF me. All the powers OF
Arthur President by Gods direction, and God viii
rider him to take care OF me. God works through
human agencies, ana Arthur Is TO be the human
igent TO save me II necessary"
Mr.. Reed afterwards had private talk with the
prisoner When Mr.. Reed came out he said TO a
STAR reporter: 81 told him what proposed to do,
md he approved OF IL all /"
aWhat do you propose to dor" asked the re-
{