Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-11-17
A National Crime.
JUDGE DAVIS DECIsIoN-PHILP HELD IN FIVE
THOUSAND DOLLAR BONDS.

JUDGE DAVIS DECIsIoN--PHILP HELD IN FIVE
THOUSAND DOLLAR BONDS
On Saturday Judge Davis rendered his
decision in the case of Philip, the alleged
Chinese letter forger. Remarking upon
the right of every person during political
canvass freely to discuss the qualifications,
character and fitness Of any candidate for
Office, subject in law only to responsibility
for the abuse of such right, Judge Davis says
For such discussions the law sets up no stand
ard of morality, taste, humanity or decency, but
leaves those matters wholly to the censorship Of
the moral sense Of the people, except that when
such writings OF publications libelous In their
character and are not privileged, the publisher
must be able criminal publication TO show to
a jury not only that they are true, but that they
were published with good motives and for justif-
able ends. But these provisions will be searched
in vain to find any right to publish as genuine
any false or forged letter or instrument purport-
ing to be the act of another although he be can
didate for office. In such case neither the forger
nor the publisher Of the forgery is writing or pub
fishing his sentiments or opinions within the
protection OF the constitution, or discussing
any question within the range Of his lawful
rights and privileges. He is both avowedly
and in fact putting forth to the community
as true. the writing and act OF another, and
II the publication be injurious, within the law
Of libel he il bound in such case to know its truth
or to take the consequence of its falsity. In
spect Of the forger and OF publisher with knowl-
edge Of the forgery, there Is simply cdsus on,s-
sus In the law Of felony which the conscience OF
all decent people must recognize and should hasten
to supply Unhappily in the present condition Of
the law, even such an act cannot be reached ex-
cept as a criminal libel. But think 1t cannot be
doubted that IL the contents of such forged let
ter be such as to expose the alleged writer to
sure or injury, public hatred, contempt ridi-
cnlo, or such as might reasonably provoke him to
a breach of peace, they will be clearly libelous,
and the venom Of libel Is only the more poisonous
because the forger has put 1t into the mouth of
the party intended to be injured.
Mr.. Hewitts connection with the letter, and the
transactions that have grown out OF 1t, are, say
the least, OF very extraordinary character. Ac-
oording to the testimony of Mr. Hart when he re-
ceived the letter in the very singular manner in
which it reached him. his suspicious were aroused.
He saw its Importance, II genuine, as a weapon Of
deadly power in the hands of General Garfield's
political foes. He was not satisfied to publish 1t
| upon the examination which he and his editorial
staff could make, and he therefore took the letter
and the envelope to the Democratic national COM
mittee for inspection. He there saw Mr. Hewitt
Mr.. Barnum, Mr.. Randall and several others. Mr.
Hart showed them the papers, and said in sub
stance that he did not want to publish the letter
II 1t was forgery, but II genuine he did, and
wanted no other paper to get ahead of him in its
publication. He says 1t was examined by all the
persons he named, but Mr.. Hewitt made the
closest and most careful examination and spent
fully half an hour in its examination and then
pronounced the letter, both body and signature, to
be in the handwriting Of General Garfield. Pho
| tographs were then taken for the use of the ma
tional committee, and Mr., Hart returned with the
letter to his office. But his mind was not fully
satisfied, and late in the evening he sought and
found Mr.. Hewitt again and was assured that he
| (Hewitt) had examined a large number 81 General
Garfeds letters and that the Morey letter was
genuine, and this was a clincher, lmpressing Mr..
Harris mind with the idea that he would have
made 1t out a forgery II he could 1t is not very
surprising that Mr.. Hart, with the usual anxiety
of newspaper publishers to be ahead of his neigh
bors, should have published the letter without
further inquiry but 1t Is astounding that man OF
the known sagacity and great experience in bust
ness and in public affairs and who is supposed to
have decent respect for truth and justice, and
who speaks rs an expert in writing, with all the
| suspicious circumstances that attended the recep-
ton OF the letter with the envelope and it's era
sures before him, with the city postofce and sta
ton stamp on its back, with the letter marked
" Personal and Confidential" and addressed to
some person whom he certainly did not know
with the letter before him, the contents OF which,
II true, would be greatly injurious and IL false
would do wrong to his intimate friend, as base
and wicked as an assassins stab, should have
thought il just to press and cause its publication
without first removing all doubt as to its charac-
ter. However much an equitable division may
leave for Others upon Mr.. Hewitt must rest the
larger share OF the responsibility for the first pub
LEGATION OF the base and shameful forgery, and his
subsequent relations to the forgery do not lift a
single shadow from his conduct. He was men,
ber of the national committee. He doubtless
knew the extent and purposes to and for which it
was taken and used by that committee, and that
1t went forth TO the country with the sanction OF
his endorsement. He knew beyond question that
1t met speedily with the indignant denial OF Cen
eral Garfield, who denounced the letter as base
and stupid forgery, and its sentiments as brutal.
My mind has reached clear conviction that
the Morey letter is not in the handwriting Of Gar
field, but is altogether forgery .perpetrated by
some person or a body Of persons for the purpose
Of deceivng the people and defrauding them and
Garfield Of votes. The evidence bearing upon
Philips guilt innocence Of the forgery, taken in
connection with other evidence, tends to establish
a grave conspiracy to accomplish national crime
The conspiracy points to men in other quarters
and far higher positions, of whom Philip may
have been the accomplice or only the dupe and
tool 1t is better, therefore, that the question Of
actual guilt OF forgery be left to the consideration
Of jury, before whom additional and perhap:
more decisive evidence may be brought.
Philip was accordingly held to bail in the
sum of $4,000, and his former bondsmer
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