The Portland daily press., 1882-01-27
THE AssAssIN's COUNSEL.
Cast Down but Not Observation-Disclosures
to be Made for a New Trial.

WASHINGTON, Jan. 26-Scoville was found
at his hotel in consultation with friend from
Chicago and busily engaged in preparing his
application for a new trial. His motion Will
be made Saturday and Judge Cox will assign
day early next week upon which to hear
arguments. No one believes the smallest
chance exists for new trial, and although
Scoville asserts that he shall exhaust every
legal remedy before giving up the case, his
appearance and conversation this morning
plainly indicated that he entertains but very
little hope of averting the impending doom OF
the assassin.
Mr. Scoville said last night the next move
in the case would be a motion for new trial,
which he expects to file on Saturday. To
certain extent this action will be merely
formal, but the main points on which it will
be based are as follows: That the jury erred
in rendering verdict contrary to the law, and
that they erred in rendering verdict con-
trary to the evidence; that Judge Cox, in his
charge did not base it upon all the evidence,
and that the jury, during the trial. read the
newspapers and had conversation with outside
parties. Mr.. Scoville said that should this
motion be denied an appeal will be taken to
the court en- banc in April. Referring to the
verdict, Mr.. .Scoville said that after hearing
Judge Cox's charge he was not surprised that
the Jury rendered a verdict of guilty.
He refrained, however, from passing any
criticism upon Judge Cox's charge further
than to say that Judge Cox did not review the
entire evidence given in the case, but only
portions of it, Guiteau is said by some to
have appeared to be the coolest person in the
court room at the time the verdict was an
nounced, but Mr. Scoville believes that when
the excitement attending the trial is over
excitement which Mr. Scoville thinks has sus-
tanned Guitea all the way through 1.-THE will
become a raving maniac. Mr.. Scoville does
not talk tonight like man who thinks his
labor in this matter is at an end. There are
good grounds, he says, for new trial. and he
proposes to show this from the record of the
trial, when the popular feeling against Gui-
teau has died away.
1t that record, he says, will be found the
fact that letter from Guiteau to District At
torney Corkhill, with the signature and q large
part of its contents torn off. was admitted in
evidence. Besides this, there is the expert
testimony which, he says, is condemned by
thousands of competent mon throughout the
country, and other facts, now matters of re-
cord. all of which can be used as reasons for
asking for a new trial.
OTHER INTERVIEWS.
John W. Guiteau says:
"Well, they went back on u.s."
"Did you expect it?" was asked
eyes, as soon as the judge gave his charge
knew it was all up. His charge as to the law
was all right, but as to the facts it was awful.
There was no other way for the jury to do ex-
cept to convict They had no option with
suCA pIcSouuablOu VI tLo ldCUo lHdt Was
what ruined ur.'
'Do you expect new trial?"
"No, don't have much hope of it. 1 think
they will go right on and hang an insane man.
would not care but know as surely as l live
this moment that my brother is lunatic. He
has wonderfully tenacious mind in some
respects, but without particle of reason or
logic. He believes that he was inspired to do
the act by the Deity, and in this he is an in
sane man, if ever there was one.'
"What are you going to do next?"
81 don't know. I shall not go away for
some days You know L have not agreed with
Scoville in the plan of defence, and do not
know what he means to do. have not seen
him since the verdict, nor have I seen my
brother"
"You think, then, your brother will be ex-
ecuted?'
81 see nothing else in prospect now"