Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-01-30
THE GUITEAU CASE AGAIN
PROCEEDINGS IN COURT TO-DAY.
MOTION FOR A NEW TRIAL TO BIZ
ARGUED FRIDAY.
DISTRICT ATTORNEY C0RKHILL STATES THAT
THE JURORS NAMES ON NEWS
PAPER ARE FORGERIES.

PAPER ARE FORGERIES.
Mr.. Williams, the clerk in charge OF the records
of the Criminal Court, remained at his Office Sat
urday evening until nearly O'Clock, having for
company a small band OF newspaper reporters
waiting for Mr.. Scoville to file his motion for new
trial in the Gulteau case. About twenty minutes
to s, at which hour the time allowed him to file
his motion would have expired: Mr.. scoville,
steps into his Office Mr. scoville Was wa ''; a
Saa MSrea Waen hs t found qns M W pd
looked nervously at the clock. Mr. Williams,
however, returned very quickly. and the papers
Mr.. Williams to the district attorneys Office,
whittier he was followed by the troop of reporters.
papers, was INCLINED to put them into his pocket
and take them home. In response to the impor-
tuning of the reporters, however he opened the
marks of his own. expressive of his contempt for
them, and his belief that Elle attack upon the in
tesrity OF the jury was a put up job. The first
THE MO TIoN FOR NNEw TRIAL
and 1t was bas ed upon twelve reasons, duly set
forth. which were in substance as fol lows That
tae verdict was uncertain various counts of the
indictment are inconsistent with one another;
that the verdict does not specify upon what count
CO II rs ae t 1a! the trial
without authority Of law; teat the court had no
jurisdiction; that the court PRED in overrung the
evidence offered by the defence, and In admitting
improper evidence on the part OF the prosecution:
M also, In CONNIE nting improMrly upon the conduct
or the detendan nt and in entfring Into arrange
ment with the district attorney, whereby the jury
ana the expert witnesses fer the prosecution dur
fendant to su bserve the purposes OF the prosecu-
tioh; that the jury had nafsOehaved in reading
nnewspapers; news that new an0 material facts have
been discovered, and that tie verdict is contrary
To the evidence and the law. This motion was
supported by affdavits msde by Frederick Fl. Sny-
der, John W: Guiteau, Charles j. Guiteau and
MIR. scovILLE's AFFIDAVIT
sets forth that Snyder ''hansed to this af1ant the
newspaper annexed TO his said affidavit aforesaid
being a copy Of the extra ,g.e,ing critic OF
the same condition as to writing and marks there
on, and otherwise. as it noVss, that the same has
been in the custody and care OF this affiant since
Ewing the same aforesaid, and this affiant
verify beliveS that the writing on the margin OF
said paper IS In the Handwriting OF several of the
jurors In this case, as follows, to wit: That the
word Thomas on top OF second page is in the
handwriting OF Thomas w. Henlein; that the word
Michael on top of same page is in the handwrt-
Ing or Michael Sheahan: that the name 'H. j.
Bright" on left-hand margin OF second page IS in
the handwriting OF Henry = Bright; that the two
In the handwriting OF Thomas W. Heinlein; that
the signature ''F. W. Brandenburg" at bottom of
said second page sin the handwriting Of Frederick
w. Brandenburg, and that all the other writing on
margins of said newspaper is that OF the hand
writing of some of said jurors"
Mr.: scoville also alleges that he can prove on
new trial by Henry T. BragaOn, OF Fredericksburg,
Va. and John NJ. Green, of Stafford Court House.
Va, that they saw the defendant, ut different
ing strangely and insanely in Lafayette park, op-
pOSite the White House.
THE AFFIDAVIT OF r. H. SNYDER,
after saying that he was guest at the National
hotel from the 7th to the 10th of December last,
says: Af1ant further saith that on the 18th day
hoty tho
hours OF 5 and O'Clock In the afternoon of that
day, ne was passing thnngh the hall Of said
rooms occupied by said Jurors and officers In
charge OF them, to wit: Through the hall dividing
rooms 81 and 90 from 90 and g. and found the door
OF said room 81 standing open and no person
therein and he saw a newspaper lying on the
table therein, and knowing that to be one OF the
rooms occupied by, or freauented by some OF said
jurors, and that it was forbidden them to have
newspapers, this affiant stepped into said room
ana took the said ali IN mnewspaper which upon exam
l1shed in said city OF Washington, and is
sued sue on the the 18th day Of November, 1881, and
most entirely of reported proceedings Of the court
on trial OF this case during the day of the date of
of testimony IN part in said case; and also an ac-
count count OF an attempt to shoot the prisoner by one
ject Of the conduct OF 80 the | prisoner s '' In
court, and otherwise strongly anmadvert-
ing upon his character and conduct and well
jurors against him, and purporting to state that
public opinion was strongly against the prisoner.
at large appear by reference to said newspaper.
the M same being hereto annexed and made a part OF
this affidavit
Afiant further saith that all the writing and
marks appearing on said newspaper, consisting OF
what purports to be signatt1es Of some OF the
jurors azores td and OF one of the officers in charge
OF them and of initial letters OF Names were writ
ten thereon at the time afriant took said newspa-
per froIe said room 81, the same as they now ap-
40 ffo1c Of tho Nf
this affiant ana the date when he so found said
newspaper, In pencil, which were together with
was taken as aforesatd) written thereon by adiant
in the second column from the right hand margin
near the top thereof on second page of said paper
on the same evening when he obtained said news
paper as aforesaid. AT the time said paper was
obtained by afiant, as aforesaid, the jurors were
all absent from their rooms In said hotel
THE OTHER AFFIDAvIFs.
The af11davit Of John W. Guiteau purports to
identity the writing on the newspaper as that of
the Jurymen indicated In Mr.. Scoville's affidavit
The af11davit OF the prisoner was merely formal
setting forth that by reason of confinement, &C.,
he was compelled to leave the whole matter to his
BILL OF BxOEpT1oNs
Mr.. Scoville filed also bill OF exceptions to as
sure himself, he said, OF the possibility OF being
deprived through any legal technicality Of the
right Of review by the Court in General Term
eTaad hgs @ or errors emu %
grounds On which new trial Is asked.
Proceedings in Court To-day.
THE DISTRICT ATTORNEY SAYS THE JURORS, SIG
NATURES ON THE NEWSPAPERS ARE FORGERIES-'
THE MOTION FOR NEW TRIAL TO BE ARGUED NEXT
FRIDAY.
In the Criminal Court this morning, District At
torney Corkhlll applied to the court to fix day
for the hearing OF arguments upon the motion for
new trial IL the of the United States against
C. j. Guteau, stating that he was willing that to-
morrow should be assigned
Mr.. Scoville called the attention OF the court to
the fact that one OF the etdaNtS in support OF
the motion had annexed to 1t copy of the Ere7l-
ing Critic picked up In jury room. The allega-
ton was, that during the progress OF the trial the
paper had been read by Or 10 the jury. 1t bore on
the margin what purported to be the signatures OF
four jurors The Jurors aeny that they saw any
paper during the time they were empanneled.
This raised an issue OF fact which was very Inn
portant to be determined.s It was not a matter
davits. The jury admitted that during the time