, 1880-11-14
Labeled.
Judge Noah Davis Opinion
of the Morey Letter
and Its Authors.
The Evidence of Philips
: Guilt Sufficient to Hold
Him to Bail,
And the Grand Jury Must Now
Take It's Turn at the
Culprit. ::
Hewitt's Connection with the
Rascally Scheme Proper
ly Stigmatized.
Hints that Abe is an Old
Hand at This Peculiar
=. Business.
Hewitt Feebly Attempts to Assume
= Virtuously Indignant At
titude.
He Only Vouched for the Sigma
ture, Not the Entire
Letter.
- =.
A Reform Spasm Suddenly Ssizes
the Decaying Democ-
racy.
A Reform Spasn1 Suddenly Ssizes
the Decaying Democ-
Tacy.
Movement Looking to the Pulling
Down Of Tammany and Irving
Halls.
AN APPALLING CRIME.

occupied, and the chairs within tic railing
reserved for members OF the Bar md other
privileged persons were also filled. The
press was largely represented, and rows Of
spectators standing close together fringed
the Enclosure already mentioned. ..
The prisoner occupied q seat near his
counsel Counsel for Joseph Hart was also
near by. The prosecution was represented
by Assistant District-Attor1>ey Bell, f. w.
Stoughton, George Bliss, and John l. Daveli-
port Elihu Root, Joel B. Erhardt, and As
sistant District-Attorney Rollins were among
the other persons present.
During, the delivery of the opinion the room
was very quiet, the auditors listening with
close attention to every word. Amusement
was manifested by smiles during some pas
saSes portrayblg the. utter failure of the ut
.tempts to show that such person as Henry l..
Morey ever. had an existence, and there was
a slight rustic as many OF the spectators
turned to>look at one another during the
comments OF the Court on Nr. Hewi1t's con-
neetion with the case. =.
-, THE OPINION.
Following is the opinion: :.
In this State the liberty of speech and OF press
are declared, protected. aud to some extent re-
strictcd by the Constitution Of the Stute, and in
certain specified cases by statute. Under these
provisions, during the political canvass, every
person has right to speak, write, and publish
his sentiments and opinions, and to discuss the
character, fitness, qualifications. habits, .op1n-
ions, defects; merits, or luck OF them. OF any
candidate for office iii such form and manner as
to him shall seem proper, subject in law only to
responsibility for an abuse Of that right For
such discussions the law sets up no standard Of
morality, taste, humanity, or decency,. but
leaves those matters wholly to the censorship or
MORAL SENSE OF THE PEOPLE
except thut when such writings or publications
are libelous In their character, and urc not priv
LEGGED: the publisher must be able. on criminal
prosecution, to show to the jury not only that
they arc true, but that they were published with
good motives and for justi6nble ends. But
these provisions will be searched in vain to find
any right to publish as genuine any false or
forged letter or instrument purportIng to be the
act Of huother, although he be candidate for
office. In such case neither the forger nor the
publisher OF the forgery Is writing or publishing
:" his sentiments" or opinions within the pro-
teeion Of the Constitution. or discussing
any question within the range of his lnwful
rights and privileges. He .fs, both ayowedly
and in fact, putting forth to the community rs
true the writing and act Of another, md. ii the
publication Is Injurious within the law Of libel,
take the consequences OF its talsity. In respect
to the forger, and of the publisher with the
knowledge of the forgery, there IA simply
caaus omissus In the Inv Of felony which tho
consciences Of all decent people must recognize,
and legislation should husten to supply. Unbup-
pf1y, under the present condition Of tie Iuw,
such an act cannot be reached except as GRIM
fnal libel, but think it cannot be doubted that
II the contents Of such forged letter be such US
to expose the alleged writer: to censure or In
jury. or public hatred, contempt, or ridicule. or
such as might reasonably provoke him to a
breach Of the peace, they will be
CLEARLY L1BELoUs,
and the venom OF libel is only the more poison
Gus because the forgcr hus put it into tho
mouth Of the party futcnded to be injured. #
there were no precedent, the common law is
elastic enough to cover and redress such public
wrong. 1u any view Of the guilt Or Innocence Of
the accused In this case the question OF the
forgery Of the letter is OF vital importance,
because. nrst If the accused actually wrote the
letter and caused it. to be published as genuine.
those acts constitute a libel for which he could
be held to trial; or, secondly. ii he did not write
the letter, and cause it to be published, yet rs
he wrote and. furnished to tha newspaper the
article entitled Lying and Sticking to It, in
which, with the knowledge that Gen. Garfield
had denounced the letter as d forgery, he re-
asserts Its genu1ncss, md declares Gep:
Garfield to be - liar j" for having denounced it,
he must be held to answer unless he has shown
that in racr the letter is genuine and thst Gen.
Garfield is, therefore, linr In having denied it;
and also show thut he wrote and published the
nrticle calling hin, l!ar, with good motives
and justihabte ends" 1t is settledAhat to call
man In public newspapers a liar Is lioelous.
The judge. here recites facts Of the cases
anu reviews the evidence, and says:
Coliating oil the facts, which are in NO mate
rial part conrrudicted or tuapu9ned, we are
brought to discern with almost
THE HIGHEST DEGREE OF UERTA1N4T
that evidence can uttainF that the envelope In
which tho 3torey letter. Is said to have been re-
cetved was never mailed. ftau ped. sent, and re-
cetved through the Post Office but once: that it
was mailed that once in Washington on some
day later than the 18th of February, 1880, and
when the steel stamp Was in use: that It was rv-