The Portland daily press., 1882-02-04
Judge Cox r serves His Decision.

w.
WASHINGTON, Feb. 3.-When Judge Cox en-
tered the court room at 10 o'clock this morning
the seats within the bar were all filled, while
the space in the rear of the room was occupied
by crowd of men and boys who stood closely
hacked The prisoner was Immediately brought
in and placed in the dock. Before taking his
seat Gujteau looked over to his counsel and
said in quiet and rather pleading tone"
"Can l sit at that table if yonr honor
pleases." ..s
Judge Cox said, 'If there is no objection
from the counsel"
Guiteau asked "Have you any objections,
Colonel"
sColonel Corkhill said "No SIR"
The prisoner then took seat at the table by
the side of Scoville and taking out of his coat
pocket roll of manuscript addressed the court
with the air of the principal counsel in the
case.
'1f the court please, before this motion is
made, desire to correct few errors that
have crept in" At this point he was stopped
by the court.
from the prisoner at this stage. Scoville also
objected and thought anything OF the kind
had better be postponed until the business be-
fore the court was disposed of.
Scoville continued, 'If your honor please L
have contemplated that some additional time
assurances from prominent member OF this
Bar that he will assist me next week.
Col. Corkill asked, "Who is the gentleman"
Scoville declined to give the name at present
except in confidence to the court. Scov lille
then desired to make no motion relative to adj
ditional ground that he had discovered for ask
ing a new trial. These grounds he stated, were
first unauthorized conversations with the jury
by outside parties, and second, the subsequent
admissions of an expert witness that he
A. .<x1,k G,fkn hsrf mt 70
say so for fear that it would injure him in BUSH
ness and in the public estimation.
Scoville read an affidavit sworn and sub
scribed to by himself, setting forth in detail
the grounds stated and added II have not yet
prepared formal motion based upon this afi-
davit, bat presume it will be sufficient if 1 do
SO at any time during the day.
Colonel Corkhill said, May it please your
honor, the time for filing such motions and
afidavits has expired"
the consideration of this matter until the mo-
ton now before the court is disposed of.
Judge Cox will withhold his decision upon
the motion until tomorrow morning.
Scoville then proceeded to read the affida-
Wits, and other papers filled by him with his
motion for new trial:
| The intervening days since the verdict of
| equity as indicted was rendered have I'M
| doubteGly been days of anxiety to Guiteau and
| have left their impress upon lis sallow coun-
4
| the lines about the mouth deeper, and the
features have a hard and pinched appearance
| such as usually betokens late hours and over
| work or indulgence.
After reading the Snyder affidavit Scoville
| defended both the affiant and himself from
criticisms which he learned had been made by
| the prosecution.
| Col. Corkhill in reply said, "Neither Snyder
nor Scoville are now on trial. When they are
| on trial in this court will attend to them.
-
| whether new trial shall be granted to the
| convicted murderer of James A. Garfield. ]
| have stated that the signatures upon the paper
which forms the basis of the Snyder affidavit
| are base forgeries and expect to prove them
so, to the satisfaction of the court and country.
| I have never accused Scoville of the forgery
| and never have supposed him to be guilty OF
| it," Col. Corkhill then read the affidavits OF
| each member of the jury in which they most
positively denied ever having seen or read the
| copy of the Critic or any other paper during
the time they served as jurors
Following these was read the affidavit Of
| Norman Wizard to the effect that he had
| known Snyder for fifteen years. and to his
| knowledge the said Snyder is a thief, forgel
! and blackmailer, and that he would not be-
| lieve him under oath.
Col Corkhill also read the affidavts of John
| L. Sargent, formerly detective in Washington,
and Detective MrElfresb, who arrested Snyder
several years since on charge of grand LARGE
| ny, also Inc dInudVlb Ol O6Ofg0 u OuSllS, Dalllu
| in charge of the room from which Snyder al
| leges to have taken copy of the Critic with
| the Jurors names upon 1t. The affiant did not
| purchase Critic during the trial or have one
in his room. He says that the only persons
| that attracted the suspicion of the bailiffs OF
the jury were f. T Snyder, Mr.. Scoville and
| J. Fl. Hayden These parties passed the rooms
| on several occasions without having any osten
sl6le business and were subjects Of ssspiGi0n t.
| further swears that at the hour when Snyder
swore that he found the Critic in the bailiffs
room he, Curtis, was there and the Jurors
| were also in their rooms, and that it was i'm
possible for Snyder to have taken Critic from
| his room unless he had at first placed it there
The affidavit of A. P. Searle, another baiif fl
| in charge of the jury, was then read. 1t was
| of the same tenor
| The affidavit of Henry Bragdon, the man
alluded to by Scoville in his affidavit, was
| read. Bragdon's affidavit sets forth that he
| saw man in Lafayette Park, as alleged, and
remarked that he looked like disappointed
| officeseeker or lunatic, but he does not know
whether it was Guiteau or not
Col. Corkhill, in conclusion, submitted that
! the affidavts he had read amply sustained his
| allegations of forgery and fraud and therefore
he would refrain from adding any argument
Mr.. Scoville, in reply, severely denounced
the attempt to blacken the character of Sny-
| der. 1t was on par with the letters which
| had been sent to him (Scoville) impregnated
with small pox virus and the virus injected.
| Atfidavits, he said, we're all instigated by a
| personal spite of one man-Normal Wizard. 1t
| would go out through all the land and years
! might be required to undo an injury that is
thus proposed to be done to an honorable man,
| the peer of any in the court room
| Col. Corkhill raised laugh by saying in a
tone of innocent inquiry, "You are not speak
| ing of Snyder, are you?"
! Mr.. Scoville replied with marked emphasis,
| eyes, sir; am. He is an honorable man.
| He then asked the court to expunge from the
| afidavits everything of the character he had
| described
| Judge Cox replied that the objection was
| clearly well taken and that much of the affida-
Wits objected to could not be considered as evil
| dence.
Judge Cox then stated that he could not vary
| from the well defined rules of practice as to
the admission of affidavits or the time for hear
| ing motions, but as new questions were sub
mitted in the pending motion, he would take
| time to mature his decision and would not an
| nounee it until tomorrow morning. He
would, however, be pleased TO hear any legal
| authorities that the counsel might desire to
| cite.
| Mr.. Sooyille then proceeded to argue his mo-
| ton, citing authorities and precedents. He
| spoke one hour in support of his motion and
| cited many authorities
| The jury, who occupied the same seats re-
spectively as during the trial, gave the closest
| attention. The crowd within the court room
| gradually increased until not even standing
room was left, and the doors were barred to
further admission.
The prisoner astonished every one by his
good behavior
~ +ya noJ