| Show THE DOOMED MAN scoville plants his plea for new tzi trial a oa on mine pegg pegs offensive opinions by english press prem organs ply wy W U telegraph to the I jan ax this afternoon scoville filed in in the supreme court of the district of columbia papers oars t upon i which aich ho lie bases his motion ian t or m motions tons for a new trial in tile first trial not being farril familiar liar with the practice in in this district court lie continued to file tile motions to assure himself against the possibility of be ing deprived through gil any an legal technicality nica lity of tile right of review by the court in its general term the first filed in lit support r t of f the motions is 13 the affidavit t our of T frederick r e d erick II 11 IL snyder aa as to rin binding ding a news alie jar room under circumstances indicating that it had been read by the jury the affidavit of J IV guiteau that ho lie is is acquainted quain ted with the signatures of no live jurors whose names are written on the margin of newspapers said to have been seen by the jury lie has seen them write their names and believes tho the writing on said newspaper p to hao have been the jurors named the last affidavit is that of scoville coulle fe betting setting forth new newl discovered evidence upon which to find a motion for a new trial the lant 11 paper is is a motion for a new trial on alio following grounds first 11 by y reason of uncertainty in lie aid ve erdice in that the jury there bf b found defendant whereas the in indictment d consists of a dit different Terent cou count nt variant from all and inconsistent wi alith th each other matters of substance second that eaid said verdict of the jury jur does not specify which count or r counts of indictment it was founded upon and loveral of the counts are materially dif different fro from others mothers the tile defendant is is not advised by form or substance of said verdict as the finding of the jury on oil material facts of the death or place of death of the heda de ceased third for that tire trial of th tins I cause u was commenced at the june jun term a of f this court and was wag not concluded in in the same term of court but was extended into the december term tern without authority of law fourth for that this court had lind no jurisdiction 11 of tina this cause by reason of death th of deceased hav having in taken place outside of tile th district of columbia fifth for that flint the court erred in in overruling over 01 or ruling each and all prayers pray ere upon Test questions ions of law asked by counsel for lor t the e defense and in in refusing to instruct instruct the jury as requested in in each of the fou fourteen arteen prave by them I lith sixth th alie e court erred on the trial of this case caw in in excluding proper evidence offered by bv defendant as set forth in lit the bill of exceptions geventa that the court erred on the trial of tins this case caw in lo go to the jury imar improper oper evidence on oil tho part of the prosecution as shown in in t the le bill of axce exceptions to I eignath that till the court court erred in in commenting improperly improper during the trial on the conduct of defendant and anti on n e entering rit ering an arm arrangement with w ith the district attorney without the knowl e edge eo of counsel fur for defendant whereby the tile jury ry and expert witnesses for ta the tion during a portion of tl the trial tria IM might ight observe certain conduct act of defendant efen dant to e the pard purpose of tile prosecution the tile de defense ferse cose being eing ini insanity anity without the restrain in 14 power of the court being exercised until those pur purposes were accomplished plis lied to the great prejudice of de jen dant ninth misbehavior of cheri ury in readi reading jig or hearing read bothem to them newspapers a ej rs circulated to prejudice pro udice their mii P minds against defendant jan as guiteau in in his affidavit on axce exceptions i sa ya t that at as ho is restrained ah dihle s liberty erty bels he ie compelled to leao leave tho tile whole matter of i a new trial to scoville hi the affidavit frederick II 11 slider snyder offers sets forth that lie was at the national hotel during a portion of tile month of december and occupied a room near those occupied by the tile jury inthe in the guiteau case anone on one occasion lie saw one of the rooms of the jurors standing open but with lio no person therein and on a table in said room w as a no ng jap and k noil i ng 11 wa to a jury aury to have ha new t papers he lie snyder stepped in and too took the paper which aich he lie found to be a copy of the tile evening attic itie containing ingan an account of the attempt of jones to shoot guiteau and an editorial denouncing noun cing if alie e prisoner on tho the marpin I pin N were ere the names or initials of five of the jurors antho in the interest of jus tice he took the paper to Sl Scovil oville lc attached to this alli davit is ie the tile co of the ilic alluded to with tue alie names of he the jurors mentioned writ ten in ink upon the margins tile affidavit of coville is to the effect that lie believes the names of the jurors N were ere written on the marpin margin odthe of alie papers described in in snyder ain davit by the jurors themselves res and lind that hince tho the trial now new and ma tenal facts showing the insanity of alie prisoner had come to his know lede the main portion of the defense is is the affidavit of ian der and a co copy of the cyclic appended to it wind which it is claimed w waa s seen ind and read by the jury pending the tile trial A careful comparison odthe of alie writing w on the margin of the newspaper with the signa bina tures of the juryman jurymen Jury men whose eatn names es appear there show a striking resemblance atlear of eviden C tile district attorney however ho oas asserts that tins this matter of tampering with and the irregular or improper con conduct duton on the part odthe of the furvas jury aa set forth in snyders affidavit allidi tut will be disposed of in short order by the pre cution the jury themselves them seles arc are quite in indignant di dinnant nant lopo jan 28 the verdict in in the guiteau trial is is unanimously al p proved but elicits from tho the ames t the be most offensive article it has published since tile rebellion it declares that the american people eople are satisfied I with will tile conduct ol 01 the trial which was ft as a broad farce enacted in in a court burt without one symptom of popular disapprobation ro bation it doubts whether ili ellier the nation t ion w which bid hd ila turned the buffer affer ings iiii of hartield to food lor for sensation ho tile crime into ajeet and the trial in in to a prolonged farce hai has a right to hang bling guiteau it insists that english glish sympathies expressed attlio r n of the P presidents rents death are not brov ed to havo have been unnecessary and it affirms that all americana americans educated keople people excepted but sat by bedardo be daido not as sympathizing friends but as dabblers in tile mysteries of phy lot I special authors on ithe the chancellor chance chances or a man threatened with the whole article is a series series of studied insults the S review follows suit in remarking that guiteau is ia a typical american urging that not merely the peculiar culiar odthe of the criminal peculiar Ee but lit the peculiarity of the crime itself are distinctly traceable to democracy it ig is directly connected wi with th democratic cratic politics itice of society and suggests sugg eats that guiteaux Guite aus outbursts in court proceeded ceedee from fron gel genuine luine indignation at finding hie his liberty retrained restrained his ilia motives questioned quentio ned and hie his character assailed it points to the shooting of the president aa as the result of years unbridled democracy and concludes that the democratic helot may at least be thankful for an instructive lesson |
