Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1880-11-18
Judge Davis Replies to Mr..
Hewitt.


To the Editor Of the Tribune.
SIR I have made a very careful examina-
ton Of the notes Of the official stenographer Of
the testimony of Mr. Joseph Hart, in the
case Of the People agt. Philip, which have
for that purpose caused to be written out in
| full, and am satisfied that in giving sum-
mary Of his evidence from my own memoran-
| 1a and reccollections | fell into an error.
which, 10 justice to Mr.. Hewitt, it is my duty
| TO correct The error relates to the time
when Mr. Hart took the Morey letter to the
| National committee rooms for examination,
| al which time Mr.. Hewitt first examined it.
/ The text of the letter had been printed in the
newspaper Truth. The Autograph or fac
/ smile had not been, and it was in fact to de-
/ termine whether the letter should be IItho-
/ graphed and published in facsimile that Mr..
Hart sought the opinion Of Mr.. Hewitt and 9TH
ers as to its genuiness. In every other psrticu-
| lar, believe, the summary and all the refer
enccs made by me from it are fully justified
/ by testimony in the case. But as Mr. Hewitt
has seen fit upon the purely accidental error
upon nv part, to denounce as base my opin-
| ion of his connection with and conduct IN re-
lation to this infamous forgery, and substan-
tally TO express his belief that am engaged
'.in p concerted scheme to break him down
| in this community, where he has lived for
more than fifty years" it is due to myself to
show how the error happened to be made,
and to inquire whether it is of any material
/ significance in forming correct opinion OF
/ his conduct in the affair.
! The first publication of the letter in Truth
was all through the case regarded as matter
of minor and very little Importance. The
evidence was almost wholly aimed at the pub
| LEGATION of the Autographed facsimile. So
! little impression had the publication of the
text on the morning of the 10th October
made, that Mr.. Phiip himself testified that he
never saw the letter until he saw the litho-
| graph, and he not able to recOllect the
/ fact that he first saw it in type till the paper
was produced and shown to him. The letter
as first published in Truth would, without
doubt. have fallen stillborn silly and use
less forgery if it had not been taken up and
carried through the photographs and litho
graphic fac-simies on the shoulders of the
| National Committee and of Mr.. Hewitts
stronger character. Nobody charged or sus-
pected Mr. Hewitt of being the guilty forger:
but nv belief was, and still is, that but for
! him and his course the forgery would never
! have been picked out of the gutter in which
| it was born and hurled into the canvass with
the deadly power of his Endorsement and that
of the National Committee. The substitu-
ton in my opinion to be officially Reported of
the words ''first publication of the litho-
graphic facsimile" for the words first pub
! LEGATION of the letter" wherein they occur,
will detract nothing, in my judgment. from
nv conclusions As to the responsibility of Mr..
! Hewitt.
| desire now to add some portions of the
testimony of Mr.. lIalt, tending, | think. to
show that my mistake one at most of
mere phraseology. After stating the receipt
! of the letter, and the examinations made at his
office. ere, Mr.. Hart, his direct examina-
ton, testified:
! We then being satisfied among ourselves
! that the letter was a genuine letter. but not
| fully prepared to print it in fac-simile till
somebody better acquainted with General
Garfeld's handwriting than we were had seen
! it. we held it back. The National Commit
tee was notified such letter was present and
requested that those familiar with General
Garfcld's handwriting should see it before it
was published. The following day at II
o'clock meeting was arranged at heaiquar
tiers and the matter submitted to Randall,
Senator Barnum and some others, with a
statement from us if that letter was not gen
uine, we should ut once say it was not.
| q. In consequence Of what was said to you
by persons who represented themselves as
familiar with General Garfelds handwriting,
state what was done? A. We published the
| fac-simile of the letter.
On his cross-examination he stated on this
subject:
| Q. To whom, if any one, after you showed
the letter to those associates of yours upon
the paper. did you next show it, prior to your
showing it at the National Democratic Com
mttee-rooms? A. | am not positive but
| that did show it to ex-Congressman Meade,
| hut | wnnlI OosjfIVply He
was in the office several times, but positively
| | have no recollection of showing it to any
| body until up in the room of the National
headquarters.
| Q. Who was there? A. Representative
Randall Speaker of the House, Mr.. Hewitt,
| (and the others named.)
| .. They examined the letter.. A. They
did.
q. Did you exhibit to them the envelope?
A. The envelope and the letter together
! @. Do YOU know whether any of them ex-
amned the envelope? A. That l don't
remember.
| Q. Did Mr.. Hewitt at once pronounce the
letter as signed by General Garfield: \. No.
sir; he took at least hall an hour to examine
thoroughly and investigate before he would
say it was signed by General Garfield.
q. What did he say about the body of the
letter A. | don't remember that he made
any remark about it, except that he would
examine some twenty other letters in his pos
| session.
Q. At the end of half an hour he stated
the signature was genuine? A. Yes, and
with the aid of some gentlemen, don't know
their names; they compared the punctuation
of the two letters and he pronounced the body
and the signature the same.
| q. Mr.. Hewitt did pronounce the body and
the signature the same? A. Yes, sir.
Q. And he pronounced the signature Gen
eral Garfeld'sg. A. Yes, sir
Q. What day was that? A. The day
previous to the appearance of the fac simile.
Q. Was it not photographed? A. Yes,
| sir.
Q. Which was first done? A. The pho
tograph.
Q. BY whom? A. Sarony.
Q. Made before the fac smile? A. Yes.
| O. Who took it to Mr.. Sarony? A.
went with gentleman named Smalley.
Q B. B. Smalley? A. don't know.
After stating that he remained with the let
ter. and that photographs were taken of the
letter and envelope, Mr.. Hart was asked:
@. What next after the sun photograph
was taken? A. Then brought it down to
the Truth Office. and gave it to Mr.. Post to
take to the place where they made these fac
II H. e. l.,