New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-29
THE CASE OF THE ASSASSIN.
THE REASONS FOR A NEW TRIAL FILED g.
THE JURORS ALLEGED TO HAVE SEN AND NnAD No.
COPY OF A WASHINGTON NEwSrPER-HAUh'

TIoNs TO THE RULINGS OF THE COURT .
WASHINGTON, Jan. 2S.-rhis afternoon MI
seoylIe filed with the clerk Of the Supreme Oou'0
Dtrct Of Columbia the papers upon which ne bases MS
motion or motions for new trial. N'' o'i"H ,1s
With the nroctce i'm this District Mr. scovhIe c"ncluueu
10 file two motions assure himself a-ah'' vac 49,
bility Of being deprived through any '-'' N.Y.
of the right Of review by the Court III general form
raner. 6lei in 81 ,port OF the }ions ar Inc prSon
o., ogiavit the aiavit OF Frederick H. snyder as 10
,h e,nc q, newspaper under circumstances ndicat-
ing that IL had read by the jury the o.
W Gueau that ne Is acquainted win 'he SIGNATURES VI
The FIVE Jurors whose names arc written on INC i''N
NJ Inc new spaper said have been seen by the jury
that he had seen them write their names ana peeFcS
the writing UPON said newspaper TO have been maze oI
the Jurors IA ned and the ali avt a. Mr. Soo'e' seV
ting forth the newly discovered evidence upon ""on "
bases his motion for new trlaL inc nio''o"
for trial is based by Mr. seoVlHe uPo" 'no ~ INV
ing reasons ,.
the Jury thereby found the de 'endant gully IS i
dicSd" whereas the Indictment consists OF ulM,lr IN
counts variant and inconsistent with each o'or III
TINT saij verdict of the jury does not specify
whca count or Of the inic ment II vas ou o ca
upon and several Of the counts beng milel}S i,'
others the detendhn, is MOI az ." y, he inv
OF substance said verdict as 10 he hhdhs o. -
upon material facts of the death OF pace Vi uoN "
Thirf-For that the trial Of this cause was commenced
OF me lame Term SSl this Court, and was not con-
cludad the same term Of Court, but was G&enu'u
tovTbLFor that this Court jurisdiction OF tins
causr reason Of the death 81 Tue Htct 'So" iH
f3ja@For hat the ned in overTullne each and
all Tie prayers upon Questions OF law %snIu ny rX
requested each Of the fourteen prayers pr%p"ssu 10y
them ana SHOWN on pages I'''o' I''o' anu A'''7 " ~
printed record IN this case. $500 - l.,
SiItb-Tha the Court erred on trial OF TINS cause IN
extending trJper evdcuc" offered by the defence as SCI
forth in The oil " exceptions ,,,..o,,.o l.,
nanttins 10 20 the jury improper evidence on the
pari OF n, prosecution as shown III bill 81 exceptions
Eighh-I'hat the Court erred IN commenting nmpioP
erlyd
and IN entering into arrangement win the llstrGl
defendant whereby the jury AID the expert witnesses
for the prosecution, during portion OF the ta h9hI
obsrv- certain the defendant to suoserNe he
pJrpuse prosecution (te defence DclhS lho@ty'
without the restraining power oil the Colft ocs eN t
oised until those purposes were accomplished 10 tne
great prejudice Of the defendant, ~, - h,io,
NnMisDehay!or OF the jury IN reading on noa LILLE
read the newspapers calculated to prentice tne ~
minds against the defendant as SHOWN III & ~ 1i
Freuerick H. Snyder George ocONhle anu Jonh W Hui
Te1MNBy reason of and material facts, unknown
at the time the trial and not ascertanaDc py reason
able diligence on the part OF be deiendan, OF ms an
torney. having come to light since the tIa SHOWN III
EierenH|Tnat the verdict contrary the evidence
Tpeh-Ihat the verdict is contrary l" Tue Ia" % 'ho
Additional points attempted to be made in support OF
the motion for a new trial as follows:
first-That the Court trial of tins cause admitted
improper evidence nehai Of the prosecution as SNOW"
in the Dii Of exceptions
ecOad-Tbat Court trial Of this cause eXcludcu
evidence offered behalf of toe defendant winch was
proper for the defence shown i'll the bill OF e1cep
lions.
Thrd-That the Court, trial of this cause, erred in
overriding each and all Of the prayers upon questions o.
by counsel for the defendant ana III refusing
to nstFuc the jury as requested In each OF the fourteen
FSsIla|TRat the Court on trial of this erred in
his instrGc the jury which errors are speclhcay
set forth III the bill OF exceptions. -,
fQ-rn, the Court ON iria OF TINS cast frreu i9
charge TO jury which errors are specifically sci ioit"
SInmBy reason OF uncertainty in s1id verdict in that
the Jury thereby found the defendant "Guy as III
dcted' whereas, the Indictment consists OF different
cOuute variant aud inconsistent with each DINER
IN. tt.fH Inf. hist |. ID
Sere1-fnat said verdict of the jury does not specify
upon 81 the counts being materially different
from others, the defendant IL not advised 10y te ioh OF
Of said verdict. as 10 Me finding OF t' jury
upon material facts OF the death OF place OF death
Esghh-FoF that verdict contrary to thelaw OF
the case. ..,...
VITA cor warranted by the evidence IL the case.
geaDt-for that evidence new and material facts had
since the case was closed the introduction Of ey
dence OF ais behalf which evidence was unknown at
time OF the trial and WAS MOI a5cerlande ul reason
able oihgcucc Oh behalf Of delendanl-LHd %hc4 eVI
dence Of the witnesses is SET forth IN detail
ia the ain jayit IT George StOyllc filed herewith
Lcrcah-For, tnat the jury mls5enaved j. procuring
herewith Of Frederick H. snyder, George scoyile and
Jon. Wilson Guitean
The affidavit of the simply the effect that
under ne circumstances 81 his he is compelled to
leave tie matter to Mr. Scoye and to rely upon such
information and points he may have been able to OBJ
tain.
The affidavit of Frederick H. Snyder Of Jersey City is Of
importance.
guest at the National Hotel IN December and occupied
rooo on the same floor the vicinity Of, the
occuped by the Guteau jurors. In the afternoon Of
December Is passing by, he found the door of room
No 90 standing open and person therein. He saw
newsp1prr living on a table in the room and, knowing
that fobidden the jurors to have newspapers be
Slipped into the aud took the newspaper which
proved to he copy OF the Erenfg critic extra, pub
fished on November 10 II contained, says snyder III
his all laylt can editorial upon the subject OF the con
duet OF the prisoner In court ana otherwise strongly
animadverted upon his character and conduct and was
well calculated TO incite prejudice in the minds OF me
Jurors against him. and purPored 10 stae ,'at puDIc
opinion strongly against the prisoner snyder
saws further that the lures OF OF the jurors
aud OF OF the officers IN charge OF mem were "Ilieh
on the newspaper "Dceming the matter OF some I'm
Newspaper to Mr. scoviie.
acquainted with the jurors and that he believes he
recognizes the writing Of Brandenburg Brglet Langley,
faSrn oy SNYDER IRON room No 81. Mr. sco,i.le also
declares belief mat the five jurors NAMED wrote upon
this neS, ylp,r Nj scoylle affidavit make, the 1ol
lowing statements relative to newy found eyi ence:
That defendant can prove, Oh another trial,
the former of Ircdcricksburg, Va, and the Latter
OF Stafford Court House Va SAL the defendant at diff
erent tunes during the month OF june ISL, ana be-
tween Ism day Of that month aud tue 18th day o.
closely because OF tneIr belief insane al
though Ae ali eutre stranger to them; that their
cite PARK the City OF Washington opposite the White
House, and were made Tl'Iont the know.edge Of me
lrlsOlfI except Oh One OCCASION when SAID BragdOn
suddenly called loud quick tones to attract The
a,tenn1 ~ tbe defendant and see what be would saw
or now would act that SAID Bragdon and Green SO
saw the defendant i've different times on different
davs durns the period Of time Aforesaid time
on or about the 18th day OF June 1851; that tho
conduct oil me P''on EI,ado %nc and Gree Tp
was that insano man IN tins that he was restless
in action moving about place Ia place without
parent object IN nervous ana sttahAe manner taking
10 himself and gesuculauuG wildly, VIII an unnatural
90 that nurses and children were frightened at his
actions ana al pearance That O.e OCCASION above
INN fi! BIZ or TO that effect he turned on him with
sucn Insane look and pre- iop hal Doth sad