Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-29
Two Motions FILED.

This afternoon Scoville filed, with the clerk
of the Supreme Court of the District of CO.
lumbia, the papers upon which he bases his
motion or motions for q new trial. Not
being familiar with the practice in this Dis
trlct, Scoville concluded TO file two motions,
to insure himself against the possibility OF
being deprived, through any. legal techni-
cality, of the right of review by the court in
the general term. The papers filed in sup
port OF the motions are: The prisoners affida-
Wit, the affidavit of Frederick H. Snyder as
to tine finding of a newspaper in the room
occupied by the jury under circumstances
indicating that it had been read by the jury;
the affidavit of J. w. Guiteau that he ia
acquainted with the signatures of five of the
jurors whose names are written on the mar
gin of the newspaper said to have been seen
by the jury; that he has seen them write
their names, and believes the writing upon
said newspaper TO have been made by the
jurors named. The last affidavit is that of
Mr.. Scoville, setting forth the newlY-discov-
cred evidence upon which he based motion
for a new trial.
The motion for a new trial is based on
the following grounds:
Ffra.-By reason OF the uncertainty in said
verdict in that the jury thereby found the de-
fendant guilty as indicted" whereas, as the
indictment consists of different counts, va
rant from 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
indictment it was founded on, and several of
the counts being materially different from
the Others, the defendant Is not advised By
the form or substance of said verdict as to
the finding OF the jury upon the material
facts OF death or place of death of deceased.
IRird.-For that the trial of this cause
was commenced at the June term, 1881, 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 iuris-
diction of this cause by reason OF the death
of the deceased having taken place outside
of the District of Columbia.
FIfh-For that the Court erred in over
ruling each and all prayers upon questions
OF law asked by counsel for the defense and
in refusing to instruct the jury as requested
in each OF the fourteen prayers proposed by
them.
Siuh.-That the Court erred on the trial
of this cause in excluding proper evidence
offered by the defense, as set forth in the bill
of exceptions.
-tStrenh.-That the Court erred on the trial
of this canse in admitting to go to the jury
improper evidence ON the part OF the prose-
cution, as shown in the bill of exceptions.
EighM.-That the Court erred in comment
ing improperly during the trial upon the
conduct of the defendant and in entering
into an arrangement with the district attor-
ney without the knowledge of counsel for
the defendant) whereby the jury and expert
witnesses for the prosecution, during a por-
ton OF the trial, might observe certain con-
duct of the defendant TO suoserve the purpose
of the prosecution, the defense being insanity,
without the restraining power OF tie Court
being exercised, until those purposes were
accomplished, to the great prejudice of the
defendant.
Ninh.-Misbehavio OF the jury in reading
or hearing read to them newspapers calcu-
lated to prejudice their minds against the
defendant, as shown in the affidavits of Fred
erick H. Snyder, George Scoville and John
W.. Guiteau, fled herewith.
Ienh.-By reason of new and material
facts unknown at the time OF the trial, aud
not ascertainable by reasonable diligence on
the part of defendant or his attorney, having
come to light since the trial, as shown in the
affidavit filed herewith.
Elsuen'h.-That the verdict is contrary to
the evidence.
Ticelfth.-The the verdict is contrary 10 the
law OF the case. GEO. scovILIE.
Defendants Attorney.
The second paper filed is the bill OF excep-
tons and contained the same points made in
The motion for a new trial