Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-01-30
THE LAST EFFoa
Motion foe a Hew Tial-AlIsssd nsesaduet
Of Iurofs-hswIy Discovered Evidence
--Enon Committed BY the
FULL TEXT OF the PAPERS FILED


FULL TEXT OF the PAPERS FILED
WASHINGTON, January 2a-This afternoon
Scoyill fled. with the Clerk OF the Su-
preme Court Of the District OF Columbia.
motions FOR new trial. Not being famil.
lar with the practice in this District, Sco-
Vile concluded 20 file two motions TO g.
sure himself against the possibility Of be-
ing deprived, through any legal technical
ity, Of a right OF review Of the Court in
The papers fled in support Of the motion
are the prisoners affidavit; affidavit OF
Fred. II. Snyder, as to the finding Of the
newspaper in the room occupied by the
Jury under circumstances indicating IL had
Been ReaA ~ NE Jary,
the affidavit Of ]. w. Guiteau, that he Is
acquainted with the signature Of fve
Jurors whose names are written on the
margin OF the newspaper said TO have been
seen by the jury; that he has secn them
write their names, and believes the writing
upon said newspapers TO have been made
by the jurors named; the last afidavit
or that Of Mr.. Scoville, setting forth
- -Nsuly DisesvsesA EvS1soes,
upon which Re B6seds kaeArnaI
trial. The first paper Il Q motion fof .
new trial, on the following grounds:
First-By reason Of the uncertainty In said
verdict, in that the jury thereby found the
defendant :Guiteau, guilty. as indicted"
whereas the Indictment consists OF differ
ent counts, variant 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 tho
indictment II was founded upon, and sev-
eral of che counts being materially differ
ent from others tho defendant is not Ads
yised, by form or substance OF said vcrdrt,
as To the finding Of the Jury upon material
facts OF the death or place Of death OF de-
Third-For that the trial OF this case
was commenced at the June term, 1851, Of
this court, and was not concluded In
The same Tern % Cssrts
bu, was extended into the Decent
without authority Of law. 81 ~'"
Fourth-For that this CO.
diction OF this cause bv .ht mas no luns,
deceased having nS an sISY" Ma" o",.Ss W % tbs ~
District Of Colur .en Piaee ou'''u' '"'
fhIth-t' that the court erred in over.
I9tIns .ch and all prayers upon questions
~ asked by counsel for the defence,
) Ind in
Rerssfng % Issirucs The ysvy,
as requested IN each OF the fourteen pray
| ers PROPOSED by them.
sixth-That the ySgrt erred on the trial
Of this cause by excluding pryor evidence
offered by ths defence, as set forth Ia the
bill Of exceptions.
Seyenth-That tho court erred on the
trial OF this cause In admitting, 10 20 10 the
| jury, improper evidence on the part of the
prosecution, as shoWn In the bill Of exoep.
| tons.
Eishth-That the court erred in com.
| nnenting improperly during the trial upon
| the conduct OF the defendant, and In en-.
| tering into an arrangemnt with the District
| Attorney without the knowledge Of coun.
sci for the defencc) whereby the Jury and
| expert witnesses for the prosecution, dur
| ing a portion Of the trial, might observe
| certain conduct OF the defendant, 10 sub
serve the purpose OF the prosecution, (the
| defence being insanity without the 70
| straining power Of the court being exer-
cised until those purposes were accom-
plished, 70 the great preiudics of the do
| fendant.
Ninth
Mishehasier Or The yssy
| in reading or hearing read to them. news
papers calculated TO prejudice their minds
against the defendant, as shown In tho
aiiidavits OF Frederick II. Snyder, George
Scoville and JOHN w. Guiteau, filed here
with.
Tenth-By reason OF new and material
| facts unknown at the time OF trial, and not
ascertainablc by reasonable diligence on the
part Of defendant or his attorney, having
| come to light since the trial, n shown In
| the affidavit filed herewith.
Elcventh-That the verdict is contrary 10
| the evidence.
Twelfth-That the verdict Is contrary 70
| the law OF the case.
lSigncdl GEoaog ScovrLi.k,
Dtfsnddnf'I Anorssy.
TIE SeessA PsSes
fled IL the bill of exceptions, and contains
the same points made In the motion Tor Q
new trial.
Guiteau, In his affidavit. says, - be 10
restrained Of his liberty, he IL compelled To
leave the whole matter of new trial 70
| Scoyiile.
The affidavit OF Frederick r. Snyder. of
Jersey City, sets forth that he ws guest
| the month Of Drcember, and oocsplsd Q
room near those occupied BY the jury In
the Guiteau case. On one occasion he saw
| the door OF one Of the rooms 20 occupied
| standing open, but with no one therein,
and on the table OF said room was Q news
paper. and knowing that Il wN forbidden
the jury TO have newspapers, he t6nyde1
slipped in and took the paper, which he
found was a ccpy Of the evening Criiie, con-
tanning an account Of the attempt Of Jones
TO shoot Guiteau, and sn editorial
Desssseisg ths Pvissssv.
UG the margins were either the name Or
initials OF FIVE pf the jurors. In the in.
trrcs, OF justice he took tbs paper ~ sco.
yille.
h,tach.d % this affidavit !s . copy Of the
Critic alluded b. with the names Of tb.
Jurors mentioned written In Ink upon the
margin.
The affidavit Of sooviile 10 10 the effect
were written on the margin Of the pspsr
described In snyder's nfidavit By The Jurors
themselves. and that since tAs TRIAL, nsu
and material facts, showing The insanity q
the prisoner have come 70 his knouledSe.
The Mstn Rsiiaoes
OF the dSfen,e IL the sfIidsvit Of Snyder
and copy OF the Criiie appended, which u
is claimed was seen and rod By The jury
pending the trial
A csIeful comparison OF ths writing upon
the margin OF the newspspsr With the sig
natures Of the jurymsn whose names sp-
pear there, shows . striking resemblance.
stsntisi tar evidence. The District Attorney.
however, asserts that this matter of tam
periny with and irregular o. fmprcpsseon'
duct on the par, Of the jury. . 81 forts
in the Snyder sfHdsvit VII! b dtspsnssd
With In ,bort order By tbs pfosscuton.
The Jury themselves are quite Indignant.
and firmly deny the chssees o. fmpfopss
conduct on their psrt
ST. ctAiRsviuE