The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1880-10-30
EAsTERN STATES.


NEW YoKK. Oct 2s.- Proceedings in
the case Of Phelps. charged with ma
licious libel upon Gen Garfield, attract
Cd large crowd Of people to the Su.
preme Court. Judge Davis occupied
the bench. A full array Of counsel
represented both sides. Assistant Dis
trict Attorney Bell for the people called
Is the first witness Col A F Rock we'll,
u. 8. A., Of Washington. He testified
that he had known Garfield for years.
He was his classmate. and no gradu-
ated with him at college. An extern
sive correspondence with Garfield, OF
more than q thousand letters, had psss-
ed between them. Witness was there.
fore familiar with Garfeld's writing
A letter was banded the witness and
identified by him a. . copy of . letter
received by him from Garfield. Assist.
ant Attorney Bell asked counsel for the
defense ii they had the original Chi.
pess letter. Counsel said they did not
propose to answer that question at
present. A photographed letter. in Q
gilt frame. was handed in by the de.
fense. Bell declined TO receive this.
and again called for the original letter.
In order that he might examine Rock
we'll in regard to it. Counsel for
Phelps said the original letter was not
in possession of their client. but was
held by Mr. Hart, the publisher of the
TfatA. The latter was in Court aud
was called 10 the witness stand. Hart
said he bad not the original letter with
him. Il was in the possession OF a
friend. He declicsd to give bis friends
name. Witness could not procure the
letter. - his friend was not 10 town.
Bell demanded the name Of the party
to whom the letter had been delivered.
bot Hart again refused 10 tell. The
Court ordered him to answer, but seain
Ia respectful tone no declined. JUDGE
Davis ordered him committed for ON.
tempt Of coart. He was handed over
10 the custody Of Police Captain Walsh.
Howe. counsel for iefense. made a
motion to purge Hart from contempt.
saying that Hart WAS willing TO pro
duee the letter. bat wanted guerra ,tse
that the letter should be returned 10
him. Howe explained that he did not
msen 10 say that the Court would keep
the letter. bat that il might pass into
subordinate banda and be lost. Con.
tinuing. Howe. said il the letter was 70
rsassin in The custody Of Judge DAVIS.
Hart IVES willing 10 produce IT, Judge
Davis said that the Letter would re-
main In his castcdys vhsn, on motion
Hart was allowed three hours 70 60
Nth counsel and procure the letter
Hart makes . statement that he was
willing 70 produce the letter. bus that
he wanted . gusransee that IL vould
DO returned % him. OF elss remain in
the custody Of Jadgs Davis. The nro.
position Was agreed to. Hart aad conn
eel then left 10 get the letter. Cal
Rockwell. being recalled. was asked 10
identity the letter written by JAG Gar.
dsid 10 Marshal Jewell. while dsoviny
the authenticity OF the Morey letter.
He testified that the letter from Gar.
tield TO Jewell was gsnuins. Question
by Mr. Bell Look at this copy of the
nswspAper called 7rsta. also the copy
dated the 2oth. Lock ., the photo.
graphic copy OF the letter purportius
% be sisnsd BIZ Jas a Gsrisld. State
Il. In ycor iadgnces. it 10 Gen Gar.
hslds writing. Brooks. foe deiense,
objected TO the Question. - . compari-
son wss made With the photographs
copy and not With the original, which
would Be produced. Judge Davis ruled
that the evidence Vas premature. - no
pseof bad been given that The hc simils
YES photographic copy Of sAs letter
that the prisoner bed been ccnpecsed
With. 4 recess uAs then taken.
laasssses 90 ys9 Dasts