New-York tribune., 1880-10-29

given Oy tOlonct a. 4. hoCh" y "'i 4
Dacgctt, mcs McDeimott, Dame! F. Ancs
and Charles Hoffman. The examination Will
be continued to-day.
TESTIMONY OF SEVERAL WITNESSES.
Tie examination in The cae OF KeuTard Philip.
who was ares ed and put under bonds a charge
of malicious hbel, was continued yesterday before
Judge DAVIS in the General Term Of the Supreme
Court. Long before IL O'clock the hour fixed tor
the opening The corridors adjoining the Supreme
Court chambers we're densciy packed with an ex-
peciant but orderly crowd. A squad of policemen,
under the command of Captain Walsh arrived at
an early bour, aud prevented tho curious from ci-
.ecting forced entry into the courtroom. Only
members Of the bar and persons diIecily Interested
in the case were at first admitted, but before The
proceedings began every inch Of sitting and stand
ing room occupied.
Ali o'clock Jadge Davis appeared. Philip the
accused ruau could not be at The beginning of
The proceedings, but his cOunse. MesarS. Pryor,
yeeder Brooke and Peasants, occupied seats at the
left of the bench, where they remained III low and
earnest conversation together fer many minutes.
Tie prosecu ion was represented by Assistant Dis
triet Attorney Bell. f. W. Stoughton. Georgc Bliss,
John !. Davenport and Henry L. Knox. Amons
the prominent persons presen Wa Abram :. Hewitt.
TIE PRN CFFDiNGS.
MI Bell opened the proceedings by saying that
he had not as vet secured re,urn TO the original
sutpenGs that issued He then called the list
Of tie witnesses that were n at
tendance. Colonel \. T. Rockwell responded. lie
stated that be was an officer of tHe Army and v
at Washington ic had known General Garfield
foT twenty-sevrr years and rs claS-llatt oi lis
in coi.egc. iie had been III constant uicrT 'i So
with min. He mad coGreSpOnd'd with hun; bad
MANY OF Ll. letters now, aHd had te,u hlm Wute
proaablv a thousand times
A phoiogrsphlc copy oi letter addressed TO the
witness by James A. Garfield aud "a Pn"to-l tJo-
grarhlc copy of a letter from Mr. Garfield 10
Marshall Jewell dated Oc;ober % 1850, were pro-
ouccd, and the wI'Ies> Was asked Il theY we're III
General GSIfIcd'> hand Yut,ng.
Nj. Brooke objected TO The question, and Judge
DAVIS Tulcd that the gUaS OF these f.. terS must
be produced. hls was done ana the witness SAID
that botn were in tue handwriting OF Genera Car
Mr Bell then asked IL his friends on tine other side
had The Original Of tbo NoIey letter IN Court.
Nj Brrok,-We cal.aot oie7cn, our freed rom ask
ing such qge..or ,.'n ".T say t''t We WI" at the
Mr. Howe-Hcrc j. snn-pholocraph Of the Original
lcinr written BY Mr. Carried.
Nj. Bt-I siil X tne question, and II seems 70
me tnai Of Tho mye,ticaton 1t Is entirely
proper t.at should secure the oIigua OF the Motey
e,nr ia order 10 tXami1e thr witness in regard 10 ihe
eun-photoGrsph o ana also OF the photOntnJsraphed
GSrrr" Prycr-I II Is not conteuded that the letter IS
IN to bands OF tae defendant, Inc person who ha
Is accessible NY learned freud as ne is to u.s. ana
Mr. stouc1lo. Tie gentlemen mlsh, answer whether
tey or nave mol tue ieter N tueir possession
Mr. h9we-IEe ong'Aai .otter Ia in tie Possession OF
Mr. B.il-Aow I ask your Honor that Mr.. Hart he
called. w have areay had Lin subrGuaed to produce
JosFrm HART oN THE STAND.
Joseph Hart was then placed upon The witness
stand. In reply to M Bell he admitted having
had the subpoena served upon HIM, but said he did
not rfing the document down With him.
Nj Bri-That subupn3 MAS 20 produce he Original Of
Ger am !cuc' Z A-l,s, sir. ,,..
seSsor oll you proou,l m Al produce
nov. / III uoi br ~ q 0r0n win ni".
~ Ser j. A. 1 81 3
G.d not bring 70 down v4;il me; mat Is srLiIcnt.
Hr Har;-Ii the so-,.,,,9n Of friends Of nine sir
Mr B,--I ask now lhIt ihe witness 0e requLcd 10
M Biooke--He caDu.t very well produce throw Il
Juasr Davl.IIov long VIII it take yea to produce II
MI H"rt-"ei' cannVt tel, si PROBABLY II Is not III
Mr. B,l-whcu did you pert with possession Of the
Mr Har:-Iumcd,aiely after Nj Davenport tried to
Mr. Bell-Answer INV quest oa--vaat day was ~
Nj. Harl-Nel, ihusI i.ink 81 the ~ay II was last
~. Be 10 wGcn Jid you dcliyeriti
Nr. U.rl--l declue 10 ansW-".
Mr. Hc!l-I * tee Cour TO compel the witness to
Jadsc Dayl.-Io wncm did YOU dehyerti You must
Mi Hart A.ain respectfully decline TO answer.
jug" D,vi--Nol mu-. at,Nrr lne question o.
have srnt h the sun photograph, 'akeu 10y aarony.
Jua.e Dayi.-i on cannot argue the po'n'. You must
NJ. r.Hrt-I doa'tsee Why should.
MI. uart-Wc, Then, must san1 c'mGiit,cd.
IHE WIrSISS ~ CONTEMPT.
Mr. Hart was theH taken into custody, pending
the drawing up &C the commitment, and the rro-
ceediugs came to pause. General l'uor men .lone'
thai they had al.o suhp0naed Mr. Hart 10 produce
the ongnal letter. upon which Mr. Stuuehion re-
mark that Mr. Hort was acting under their u
strUctOns.
G,nrral Pryar-Pardon me, he is not our clicnt-at
least Ae IS oi INV eIent
Mr ~ uzb,Ou--i am glad to hear you say he IS not
your Ic"t.
Mr.. Howe subsequently made long address to
The Court, which tie stated that Nj ilait had de-
clIned to produce the letter III question because lac
was avere 10 navng 1t mad record If the Court
and passed the Ui,ttct Attorney for lear %
III gbt be lost. Bat hc had 10 oijrctIou 20 uroluc-
ing the letter to JudGe DAVIS and 30 other Jnogc-
aud asked for Zee hours III which to do IT, / he
witness was ordered Oh lhr staLG To state this iur
himself aud dIG he oh red 10 pr duce the .ette.
II passed onI from hs hand to that OF tie Jude
ana returned L. iiii.i.
Judge DAVIS sail Z cou.d only he produced q,
evidencc TO be- used III Court. II tuis was done he
would see 10 II nat the document Was carefully
guarded.
prom sed that af;c; IT, tDe Court the uOcurenC
should remain 90 ms pO~s S,ipn.
Sir HOTe-n g al s so. Nr Hart f. wiling 10 produce
y this moment II .us''l,i i'ncan curing tine tArec
judge Da,.s-fcu mean Ac rs az thls moment wiling
t. WOduce f.
Nj Hart was ihen permitted TO leave tine court |
acc 4mpanI"d 10y Nj. Hove, AND the examination c !
Colonel Rock wood continued tie testified tbat
the letter addressed 20 nlu and the one adj
dressed To MarsbaI Jewell, dated October 23 both
OF which were pa. ~ evidence, were III tho hand
wrilI = Of General 9 uf, lO.
The Court then took recess until tho return OF |
NT. Hart.
the LITTER Produced.
The general interest taken IN tnr procccdir had
by 10 means abatcd wien tie Cour resumed .s sit
ting a. 2:3O D. III. Judge DAVIS panctually 10 |
bus place but seyera oi the lawyers Doih sides,
ANA Mr. Hart a.ao, failed to be punctua. |
IN The audience we're Robert u. Slrahdu. |