The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-11-01
PHILIPS PoRGERY,
The Prosecution Rests, and the Defense
ss takes the Case.

| A'-N-'-1
so closely was the room packed
District Attorney Bell asked fol
additional time for the attend
auce OF witnesses from Washington. There
upon Mr.. Howe, for his defense, said:
"In order that no time be lost we. .ask you
| to allow US to call to the stand three wit.
nesses from Washington. These gentle.
men are George Wedderburn, MPj Hollett
and Mr.. Wilson, by whom It Is expected
TO prove the genuineness OF the letter
from examinations Il ey have made with
documents written by MIR. Garfield on file
in Washington.
Mr.. Bell objected, saying counsel would
have plenty Of time during the day to ex.
anime them.
Mr.. Howe-With that am satisfied.
After some further corroborative evi.
dence by the prosecution, Mr.. Bell stated
thst he rested his case, reserving the
privilege, however, Of calling as witnesses
Expert Payne and the Lynn postmaster,
with one OF his clerks.
Counselor Howe-May 1t please the
court, 1t is matter OF congratulation that
the prosecution have terminated their 30
called case. We are delighted to prove
the innocence OF Mr. Philip, aud incident
ally, Of course, in behalfo the newspaper
called Truth.
Here Mr.. Howe was interrupted on the
part OF the prosecution by general search
for come missing documents.
Mr.. Brooke-Has the Morey letter been
lost? desire to use it in opening.
Mr.. Howe, continuing-The defense will
substantiate the letter as published and
prove the genuineness OF James A. Gar
fields signature. While we have the right
to ask your honor to dismiss this case on
the testimony addnGed, We feel we have
higher duty than that. am desired to
sLste on behalf Of Mr.. Hart and Mr. Philip,
that your honor's examination OF this
case has been a fair one. We pro.
pose to prove that the letter and
en-, e,ope were received by Mr.. Hart,
who will prove how and from where he
received them, and until after the publica
ton OF the fac Simile MIR. Philip never saw
the letter. We will prove Morey's exist.
ence. We will call his executors, and we
will coll experts to disprove the expert
post official testimony OF the prosecution.
We will testify to the genuineness OF Mr..
Garfeld's signature. We shall also show,
beyond doubt, that the letter Is not in the
handwriting OF Philip, but is the bona jfde
signature OF the Republican Presidential
nominee.
AT the conclusion OF Mr.. Howe's speech
applause was heard. and Judge Davis or.
dered the officers to put out those whom
they knew had offended.
Mr.. Howe then called Mr.. Philip, but he
didn't appear.
Mr.. Brooke-I think he comes here oc.
casionally.
Mr.. Howell believe he is in bis office.
Mr.. Brooke-We will send for him,
Your Honor. but 1t may save time to take
our recess now.
Judge Davis-I did not intend to take a
recess in order to save time.
Mr.. Brooke-Then, your honor, win
call to the stand John |. Davenport.
MIR. Belize went out OF the room
when Mr.. Howe opened. He will be here
again. will see him at lunch.
Mr.. Howe-Mr. Davenport didn't invite |
us. Laughter.
Mr.. Brooke-Then will call Mr.. Bell.
Mr.. Bell testified as follows: The origi. |
nal paper on which the warrant was issued |
have in my hands. became possessed
entitled Lying and Sticking to It." on
the 26th OF October. 1t was handed to
me at the rooms OF the Republican Ma
tlonal Committee, by whom | can't say.
Messrs. Rockwell, Knox, Bliss, Stoughton,
and probably John l. Davenport, were
present don't know how it came from
the Truth Office.
Mr.. Brooke-Mr. stoughton, take the
stand. He testified: am OF the counsel
for the prosecution. I saw the exhibit
shown by Mr.. Bell in the Republican Ma
tional Committee rooms. l don't know
how it came from the Truth office.
Mr.. Brooke-Mr. Knox, take the stand.
He testifed: | am also OF the counsel for
the prosecution. saw the exhibit In the
National Committee rooms. MIR. Daven.
port showed ito me. don't know how
it was produced; he did not tell where or
how he got 1t. do not know, nor have l |
heard how 1t was obtained from the Truth
office. l saw it frat last Sunday at the
Union League Club. have seen 1t sew
eral times, and 1t was generally in Daven.
ports possession.
Mr.. Brooke-Mr. Bell, when will Mr.
Davenport be here?
Mr.. Bell-Shortly. I was to meet him
at recess.
Mr.. Brooke-Judge Davis says we are to
have none.
Judge Dayis-I would rather go with.
out meal than sit Sunday.
Mr.. Brooke-Justas your honor pleases.
We are willing tn sit late tonight.
Judge Dayis-It necessary ] will sit till
the clock strikes twelve.
Recess till 2 o'clock. -s
A number OF other witnesses testified,
mainly in reference to Philips handwriting,
expressing the opinion that the alleged
Garfield letter did not resemble his chi
rography. Late In the afternoon an epi-
sode that caused some sensation occurred.
Mr.. Brooke-Kennard Philip.
Mr.. Philip made his way through the
crowd OF spectators and amid sensation
murmur took the witness stand.
Judge Davis-Is there any prospect OF
closing? lam completely exhausted.
Mr.. Howe-Will your honor permit me
to ask Que single question, and one only2
Whether or not be wrote that letter?
Judge Davis-It you begin would
rather you would go on till l2 O'Clock.
Mr.. Howell do hope Your Honor will
permit me to ask one question that one
question
Judge Davis-1f you do we shall 60 on.
MIR. Howe Oh, not II Your Honor Is
exhausted; we cannot go on with thatsug
gesiion from Your Honor, but we should
very much like to ask the question.
Mr.. Stoughton-oh no, not il we are not
10 go on.
our askingitp
NJ. s sSiSoughtOn-why should you wish
Mr.. Brooks-For the very purpose that
we desire 10 get 1t before the country,
which you don't desiret to do. The onts Is