The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1882-02-08

Of II N. and , p. NJ, at the Washington
Jail.
ouiteau's Last Appearance In
Court.
WASHINGTON, Feb. 3.-As soon as
Judge Cox entered the court r,Oni ard
the eUurt was formally opened, the
prisoner took his place in the dock, and
did not rcIAs,t the request Of yesterday
to liz allowed to sit ut the councillors
table.
Scoville stated he wished to say that
since the adjournment Of the court he
had been informed that Curtis, who
made the affidavit relative to the
critic matter, was not the bail
lit in charge Of the rN''n
ut the time the paper Was found;
that he hal been substituted for the fore
man named Stincr, who was in charge
ut the time the paper was found, and
who WAS withdrawn by the prosecution.
This man, said SCOvillc, am told,
knows ub,u. tn. paper, and | can in
ten minutes summon az witness u party
who will say that the man Stimer was
hear,l to remark that if that matter of
the (rit;c became known he would have
to jump the town.
Col. COrkl,i!l objected to the evi-
dent attempt to postpone the cOnsi'lclc,-
ton Of this motion. II every bit Oi
hlsr>ny gt,Sii, was to lH dragged in here
there would never ie any end to the
question.
Mr.. S,Ovi,Ir replied that lie did not
ask for II la'@tln,IeIlicnt. lie simply
desired to call the attention Of
the court tO the information he had IT.
eel .ol 'a> showing how important il
was t. investigate this matter with the
closest scrutiny.
Judge Cox Immediately began tO read
frs,''. u manuscript his decision upon thu.
Inntiol,, reading iron, various autllOri-
ties :nNrilIy uln'n the c:,S,.. Judge Cox
discussed ut hilyth circumstances at
tending the finding Of the newspaper in
the room al one Uf the imiilitis al the
jury. First, as t. the handwriting.
there are several circumstances that
make il impossible that at least tw"
names upon the margin G the paper
were written by the gentlemen thcnl-
selves. St.ON't, il, as suggested this
paper was lyim" ON The table ia the bail
!ifS room, and the gentlemen OF the jury
in writing in the album. first tried their
pens upon the margin. It would amount
~ nothing in H.: face Of the sworn ali.
'lavit "i every nm'm,i"v al the jury hat
they did not So. "r read papers ut amy
time. during In" trial. No one could
swear that the Jurors did write upon the
paper. while they all swear they did
moi, and there j. no reason to- doubt their
vcr,riiy. 80 for as the discovery Of new
evidence. is concerned. :hc evidence. Ia
lm intro ,,,'.tsi ~ I" the prisoners man.
nor ami appearance prior tO the a.s:,s-
SiMatinn, il there ha.i been no evidence
intrNlIlc.,l upon this subject, there
yht In SOME force in the request. The
evidence now sG,liyl,t to In. introduced
would M. merely cumulative and would
MT affect the verdict. As 1" the expert
witness wIms&. admissions after the trial
arr alleged to have Npm different from,
his evidence upon trial, Judge Cox said
the uIl,wOrm admission Of this character
could never tx considered Us ground
far Ovcrturniny the verdict that only
has lxvu obtained through the evidence
"f the very witness who, from corrupt
motives might seek to reverse the vcr-
diet. From all the papers presented,
Judge Cox summed up; ~ am unable
IT, find amy rss.sOn I" grant the motion,
which is, therefore, Ovcrrultsl."
exception I" the ruling Of the Court
lsr.rni..s my duty
:>cDviil..-''Onr moment. please. l
would like ~ Tile in due form the mo-
ton which I referred I" yesterday"
S.Uvillr I zen filed his motion in arrest
az Judgment.
(;uiic:.,,. VIII" had !wcn permitted to
hi .,f tsll
called out: az your honor please, I
desire ~ :,>;; If there Is any motion that
ought I" make 10 Reserve my rights"
scovi!lc tried I" prevent hi~ speaking.
hut hc ri"rirh: | don't want amy All
vantage taken Of me-. | want t. know
how: n,,,.i. time | shall have to prepare
my appeal to tEr court in l.,nr."
St"viil.' PLEASE. keep quiet. We
haven't reached that yet.
l;uIt.:u with great excitement -"
won't keep quiet. an here and | pro-
In,s.' t. .lO my own talking
judge Cox then informed Seville ri
the rules "i practice app.it:. hle toihc fil-
ing of his exceptions. and after this mat
ter i,:,.l lmvl arranged. cul. COrkilill re-
ncw.sl his motion. saying: ''It is now
my duty IT, ASK i"r the sentence Oi the
Court
Judge Cox :" the pri$"nrrI--" Stand
up" ''llavc YOU anything to SAY why
sentence should no, now lc PASSED upon,
you ~
"t;uitr,u l:.till ~itt;ny'-'' ask your
honor I" postpone sentence ~ long: as
possible"
Judge Cox =" sand up. Have you
anything I" say why sentence should
not now 'r pronounced upon you"
The prisoner arose, pale, iut with
lips CON, pressed and Il desperate deter
,iinati"n stamped upon his features.
In II low ami desperate tone he kS.n,
i,ut >sn,n Ills manner became wild AMI
violent ami pounding upon the table.
he delivered himself Of the following
haranguc: Il AIN not guilty Uf the !
charge set forth in the Indictment. 1t !
was Gods act. hot mine, and GOd will
take care III it, ami don't let the Anlcri- |
can people forget it. lie will take care !
Of it and every officer al this govern |
nIcmt from til" executive down Ia that !
If n,ar,,l,al AMI taking In every man on
that jury aud every member vi this |
l~,,cii will pay TOR il and the American
nation will roll in blood il my body goes |
;nfO tl,e vrMl nd mil I NM hung. The