The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1880-11-05
THE NEWS.
coNFEOERA { cU.s DNEss.
Lying and Sticking to 1.-THE Proprie-
tor OF the Truth" Admits the Spu-
nous Character of the
Morey Letter.
But Persists in Reiterating Its Libel OF
General GarfeId.-Judas Iscariot
outdone in TreacheY.-how
Hart Betrays Judge
Qittenhofer.
Still crowding to Mentor.-General Gar
field Visited by His Trumbull
County Constituents.
Death of the Veteran Political Statis-
tician, Hon. E. D. Mansfield.
The PhiIlp Libel Case.

/ Inc Enlltp 1lDel case
New YORK, Oct. 29.-The proceed
! ings in the case of. Kenward Philip
charged with malicious libel upon Gen
| Garfield, attracted large crowd To tn
general terms room of the supreme cour
this morning. Judge Harris occupied
the bench. There was full array q
counsel ON both sides. Assistant Dis
trict attorney. for the people, called a:
first witness Col. A. Rockwell, u. s. a
| Washington. He testified he knew Gen
| Garfield twenty five years; was his class
mate, and graduated with him at college
! in his extensive correspondence will
Garfield, more than one thousand letter
| had passed between them. Witness
was therefore perfectly familiar witt
Gen. Garfield's handwriting. A litho
graph was handed witness, and identifi
cd by him IS d copy of of letter receiy
ell by HIM in November by Genera
Garfield.
Assistant attorney Bell asked ths
counsel fol the defence if they had thu
| original Chinese letter.
Counsel stated that they did not pur
| pose to answer that question at present
A photograph OF the letter in gil
| frame, WAS handed over by the defendant
| Bell declined to receive this, and agaiI
called for the original, in order that Ia
might examine Col. Rockwell in regarC
to il.
The counsel for Philip stated that thu
| original letter was not in the possession
of their client, but was held by Mr.
Hart the publisher Of the Truth. The
latter was IN court and called to the wit
ness stand. Hart said he had not the
| original Morey letter with him. 1t was
in the possession of a friend. and declin
| al IN riu his AVi4naca onsRlA
procure the letter as his friend was on
of town.
Mr. Bell demanded the name of the
party TO whom the letter had been deliv
cred, but Mr.. Hart again refused tC
give it.
The counsel for Hart has prepared {
subpoena directed TO James A. Garfield
commanding him 10 appear and testify
| The counsel claims that Garfield is al
the Windsor, thought not registered.
The court ordered Hart 10 answer, but
he again in respectful tone declined
Judge Davis ordered him committed fol
contempt of court, and he was handed
over TO the custody of the police.
Capt. Walsh Howe, of counsel for tho
defense, made motion To purge Col
Hart from contempt, saying that Col
Hart was willing to produce the letter
letter should be returned TO him. Howe
explained he did not mean to say the
court warned him to keep the letter, but
that it might pass into subordinate hands
! and be lost. Continuing, Mr.. Howe
! said if the letter was t. remain in the
custody of Judge Davis Hart was willing
to produce it. Judge Davis said thai
the letter would remain in his custody
On motion, Col. Hart was allowed
three hours to 60 with counsel and pro
cure the letter. Hart made the state
ment that he was willing to produce the
letter, but that he wanted a guarantee
that 1t would be returned to him, or else
remain in the custody of Judge Davis
The proposition was agreed TO and Harl
and his counsel then left To get the let
ter.
Col. Rockwell was recalled, and ask ed
as 10 the identity of the letter written by
James A. Garfield 10 Marshall Jewell
denying the authenticity of the Morey
letter He testified that Garfield's letter
to Jewell was genuine.
Question, by Mr.. Bell.-Look at a copy
of u newspaper called Truth, and also
copies dated the goth, and look at the
| photographic copy of the letter purpOrt
| ing to be signed by James A. Garfield
and state if in your judgment it is il
Gen. Garfield's hand writing.
Mr.. Brooks, for the defense, objected
to the question, as the comparison was
made with the Photographic copy anc
not with the original, which would bt
| produced.
Judge Davis ruled that the evidence
was premature as no proof had been Civ
en- that the fac simile was Photographic
COPY and that the prisoner had not a:
| hnan cnnvicfad with IL rarqG
was then taken
The court reassembled at $50 and a
seven minutes to O'Clock Mr.. Hart ant
counsel entered the court room. Mr.
HarI apologised for OBTAINING the court
/ saving that he had been detained by al
! indictment in the state court for libel
on complaint of Marcus Cicero Stanley
| Hart then took the witness stand anC
produced the letter. Mr.. Bell asked 70
the envelope. Hart said he was told Il
| bring the letter only; it would take fivi
hours To get the envelope.
Mr.. Hart said he kept the envelope TO
| his protection, as lie was informed tina
an order of arrest had been granted
against him in a suit instigated by Mar
Gus G. Stanley and George Wilkes which
he--characterized as dastardly.
| Judge Davis told him that while. he
was witness he could not be interferet
with. Hart thereupon promised to pro
duce the envelope tomorrow.
Col. A. F. Rockwell was recently re
called He testified that he procured
| copy of the Washington Gazette whel
it first published fac simle copy of tn
MOrey letter and compared il with lei
ters'Tn his possession received from Gar
field, and thought it a forgery. He com
municated with Garfield, and on tele
| graphic request of Henry E. Knox cam
to this city and submitted a dozen letter
he had received from Gen. Garfield, on
of which was chosen TO compare exhibit
and fac simile copies of the Morey lette
with this letter was chosen by Bliss, bu
he did not know il was picked out be
cause it resembled the letter of denia
from Garfield to Marshall Jewell, bu
thought it was chosen because it wa
nearest TO il in date when shown. tn
Morey letter he examined closely, AM
did not think 1t was Garfield's writing
though there was some resemblance.
On croSs-eXaminatiOn he stated b
was an assistant quartermaster IN tn
army, specially detailed to take charge q
national ceremonies; that his present az
pointments was due to Garfeld's intel
est in him, he having been u classmat
of his, and that he was morally indeb
ed to him.
Albert Daggett, ex-sheriff of King
county, testified that he had know
Phillip for seven years. and knew hi
hand writing. On looking at the mant
script copy of the article published i
the Truth, entitled Lying and Stickin
to IT." he said it was in Philips hanC
writing, and said that Morey's letter wa
in the same handwriting. He was
strong Republican and had large sum
wagered on Garfield's election.
THE THIRD DAY.
New York, Oct. 29.-The examine
ton of Kenward Philip, charged wit
criminal libel upon General Garfield
was resumed to-day before Judge Davis
in the supreme court. There was
large crowd Of spectators present.
The envelope in which the MoreY lie
ter was contained was handed to judy
Davis, and on motion Of counsel, Han
was declared purged of contempt.
Assistant district attorney Bell caile
Albert Souihworth TO the stand. II
testified that he was an expert in hanC
writing, of fifteen year, experience; b
had compared Photographic copies {
the Morey letter with the Rockwell an
Jewell letters, and did not think the
were in the same handwriting; he ais
compared the MOrey letter with the e,
hibits on which the warrant of ARE
was obtained, and found sufficiency
characteristics to enable him TO form ii
. opinion that they were Ia the same hana
writing.
The prosecution next called NYiIlial
E. Hogan, of Troy, an expert in hans
writing. Witness had examined th
Money letter and Photographic and lii
ographic copies of it, together with Il
exhibits that were obtained, and b
opinion was that the person who wTol
, the exhibits wrote the Morey letter
The Morey letter was evidently IL
writing of person initiating another
hand, introducing, however, strana
characteristics OF his own. In the e
: hibited signature of Kenward PhiliI
the Ak" is exactly similar TO the "K'
kept in the Morey letter.
The witness found other slmilaritil
4 =.