The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-11-15
Held In $1,000 Bail for Criminal
Libel.
Ringing Remarks of Judge Davis in
the Decision.
Hewitt Held Justly Accountable Fol
a Good Part Of the Harm Done.
A Striking Rrraignmsnt Of Promi.
. nsnt Democrats.

!. A Marked Sensation Produced Il
Court. sa
NEw YORK, November 1S.-An eager
expectant, but remarkably quiet Grove
was assembled about the doors OF the Oyer
and Terminer Court room this morning
fully half an hour before the time Judge
Davis had announced that his decision
would be made. When the doors were
opened the room was quickly filed.
The counsel for the prosecution sat al
the upper end Of the councils table
George Bliss paused on his way 10 the
table to laugh and joke with everybody
whom he knew. Mr.. Stoughton Sat
in his usual seat and looked around
at the counsel for the defense, and
the defendant, and the interested
spectators, with an expression of dignihed
satisfaction. Assistant District Attorney
Bell and John l. Davenport were undem.
onstrative, but were evi dently well salts.
fed with the results OF their efforts. The
counsel for the defense wore preoccu-
pied air, as II their interest in the proceed
ings had well.nigh died out. General
Pryor, Mr.. Brooke and Mr.. Veeder all sat
in row with folded arms. Mr.. Howe
was the only one OF the counsel on that
side who betrayed his anxiety to any ex.
tent, and his interest was ceptered in a
manuscript which he was industriously
circulating among the reporters. Be.
hind General Pryor sat the defend
ant Philip, who was particu.
larly conspicuous to himself and every
body else in consequence OF a new pair OF
light colored gloves which he wore. There
were no leading politicians Of either party
present, and the crowd was for the most
part made up OF witnesses and persons
who had watched the case with interest
from the beginning. Well known Demo-
Gratis who sat In the front seats during the
first few days OF the trial were absent,
Judge Davis took his seat at half.past 10.
AS soon as he spoke a great hush fell
upon the courtroom, and as he proceeded
with his decision tho crowd on the
back seats, moved by intense interest
in the subject, quietly rose and pressed
forward. This went on until nearly al, ex-
cept the counsel and reporters, were stand.
ing. The Judge first referred to the liberty
OF speech and oil the press, which he cited
authorities to show was both protected
and restricted. Then he spoke OF the gen.
eral aspect OF libel cases, and coming down
to the one under consideration, said the &C.
cused man was charged with two ofienses,
first with forging the Morey letter, and
secondly with writing the article entitled
Lying and Sticking to II" in which he
re.asserts the genuineness OF the letter,
after General Garfield denial oft 1.-THE
Morey letter was forgery, the publica-
ton was libelous. In any view, the ques.
ton as to the forgery OF the letter was OF
vital importance to the case. He
then considered the theory OF
the letters genuineness, dwelling
at length on the erasures on
the envelope and the obliterated post
marks. II was, he said, an established
maxim OF law that all things are to be pre-.
sumed against tho despoiler OF evidence
This maxim was delivered in very i'm
pressive way, ahd the eager listeners
seemed 10 find In it the frst Indication of
the verdict. Every one glanced into the
eyes OF his neighbor, and slight murmur
was heard. Commenting on these sis.
piuious erasures and obliteralions. Judge
Davis said It surpassed credulily to believe
that General Garfield should have taken q
once used envelope, erased the former
address, and blurred and scratched the
dates OF the month ard the day for the
purpose OF delivering such q letter
10 man who, II ha even lived, was &C. ut
terly insignificant that neither the vigil
} ance OF Justice nor the ayarice OF gain, ,
nor the malice Of party, nor the fear OF
punishment, had been able to discover
bis present existence, or the proof or re-
pute Of his DEATH The conclusion OF this
long sentence was marked by murmur Of
applause, at which the Judge raped the
desk with his mallet. Then with regard
TO the handwriting, Mr.. Hewitt's connec.
tion with the publication Of this letter,
Judge Davis said, was most extra
ordinary. It was astounding that
a man Of known sagacity, who was sup.
nosed to baye decent respect for
trulh and Justice, should, with all the sus-
picious circumstances attending thls letter,
have pronounced the signature genuine.
He knew that II true 1t would be fatally
injurious to publish II, and II false, worse
| than Rn assassin'G slab. Mr.. Hewitt pore
the largest part OF the responsibility lor
the circulation Of the letter. The severe
: comments on Mr.. Hewitt's conduct In the
matter were heard with the closest atten.
ton. "As 10 the testimony OF Lindsey, It
Is unnecessary TO refer TO II" said the
Judge. -, .,
} ing at Mr.. Howe.
The decision took nearly an hour in de-
, livery, aud at It's Giose, when the an
' nouncement was made that Philip vas
I held, there seemed 10 be disposition to
[ cheer, which was instantly suppressed,
Mr.. Howe rose with his manuscript be
fore him, and was Immediately informed
that the case was closed. Mr.. Howe said
It wss q personal matter, and handed e
the Court q statement ia reference to thu
4 witness Lindsey. Judge Davis said th'
matters referred 10 therein had not CONT
). before him in that court, nor had he re
ferred 10 them In his decision.
JUDGE DAVIS OPINION.
In this State the liberty Of speech ant
], Of the press are protected, and to SOM
a extent restricted by the Consultation o
= the State, and in certain specified cases b!
). the statute under these provisions. Dur
9 ing political canvass every person has th
J; lSht to speak, write and publish his sen
d timents and opinions, aud to discuss th
character, fitness, qualifications, habit
opinions, defects, merits or lack Of them
Il Of any candidate for Office, in such iorr
I. and manner as to him shall seem proper
10 subject in law only to reSponsibilit