The Portland daily press., 1880-11-15
THE MOREY LETTER.
Elaborate Decision of Judge
Davis.
THE DOCUMENT PRONOUNC
ED A BASE FORGERY.
And Howard Philip, It's Author
Held for Trial.
MR.. HEWITT SEVERELY CENsURED
BY THE JUDGE,

IL
Philip, charged with criminal libel upon Presi-
dent-elect Garfield. Before the Judge took
his place on the bench nearly all the seats pro.
vided for the public We're occupied. and chairs
within the railing reserved for members of the
bar and other privileged persons, were also
filled. The press was largely represen, ed, and
rows OF spectators standing close to ether firing
ed the enclosure already mentioned. The
prisoner occupied a seat near his counsel, Gen.
Pryor, Mr.. Brooks and Mr.. Veeder The conn-
sci OF joseph Hart was also near by. The
prosecution was represented by Assistant Dis
Lrict Attorney Bell, e. w. Stoughton, George
Bliss and John l.. Davenport Elihu Root,
Joel b. Erhardt and Assistant District Attor-
ney Rollins were among other persons present
Judge Davis began reading his decision at
about 1G40 O'Clock. 1t was very elaborate
one. The accused, His Honor says, is charged
with two offences First. that he wrote the
so-called Morey letter, counterfeiting the sig
nature of General Garfield thereto; and second,
that after General Garfield made public de-
nal of having written the letter, the accused
wrote an editorial, Lying and Sticking to IT,
and asserted that Gen. Garfield was liar in
denying the authorship of it. 1t is apparent,
His Honor says, that no such person as Henry
l.. Morey," existed at Lynn, Mass. The letter
he also holds is unquestionably a forgery, and
not in the handwriting of Gen. Garfield. The
question of guilt or innocence of Mr.. Philip,
must be left to jury to determine. The de-
fendant is held to answer to the charge of
criminal libel, and must be committed or give
bail.
In his decision Judge Davis dwelt on the
| question of the genuineness of the Morey let
| ter as of great importance in considering the
| case. He decided that the accused should be
| held to answer unless he could show that Gen.
Garfield wrote the letter, and in fact, was held
to be liar when he denied having written it,
| bdt his evidence he held, showed the letter to
| he forgery and the non-existence of such
person as Henry L. Morey.
MR. HEWITT CENSIyRED
Judge Davis was very severe on Mr.. Hewitt.
| he sal /: " Mr.. Hewitts connection with the
| letter, and the transactions that have grown
out of it are, to say the least of most extra
| ordinary character. According to the testi-
| mOny of Mr.. Hart when he received the letter
| in very singular manner in which it reached
him his suspicious were aroused. He saw its
| Importance, If genuine, as weapon of dead
| ly power in the hands of Gen. Garfeld's
political foes. He was not satisfied to publish
| 1t upon the examination which he and his
| editorial staff CO I'D make, and he therefore
took the letter and the envelope to the Dem
Ocratc National committee for inspection.
He there saw Mr.. Hewitt Mr.. Barnum, Mr.
Randall and several others. Mr.. Hart showed
them the papers, and said in substance that
he did not want to publish the letter if it was
a forgery, but if genuine he did, and wanted
no other paper to get ahead of him in its pub
| lication. he says it was examined by all the
| persons named, but Mr.. Hewitt made the clos
| fully half an hour in its examination and tn II
| pronounced the letter, both body and sigma
ture, to be in the handwriting of Gen. Gar
| field. Photographs were then taken for the
| use of the National committee, and Mr.. Hart
| returned with the letter to his office. But his
mind was not fully satisfied, and SO, late inthe
evening he sought and found Mr.. Hewitt
again aud was assured that he (HewitD had
| examined a large number of Gen. Garfield s
letters and that the Morey letter was genuine,
/ and fhiq a clinchar i'm 1nrpSsiny Mr. n rf, q
| mind with the idea that he would have made
| it out forgery if he could.
1t is not very surprising that Mr.. Hart, with
the usual anxiety OF newspaper publishers to
| be ahead of his neighbors, should have pub.
| lshed the letter without further inquiry, but
it is astounding that man of the known sa-
| gacity and great experience in business and III
| public affairs, and who is supposed to have a
decent respect for truth and justice, and who
| speaks as an expert in writing, with all the
| suspicious circumstances that atteL ded the re-
| ceptioh OF the letter. with the envelope and It's
| erasures before him. with the city post office
| and station stamp on its back. with the letter
marked Personal and CONFIDENTIAL and ad.
| dressed to some person whom he certainly did
| not know-wth the letter before him, the con-
| tents of which, if true, would be greatly inju-
| rious, and if false, would be wrong to his iuLi-
mate friend, as base and wicked as an assas-
| sins stab, should have thought it just to press
and cause its publication without first remOv-
| ing all doubt as to its character. However
| much an equitable division may leave Tor 9TH
| ers, upon Mr.. Hewitt must rest the larger
share of the responsibility foI the first pubiica-
ZION OF the base and shameful foI gerry, and his
| subsequent relations to the forgery, do not lift
| single shadow from his conduct. He was q
| member of the National Committee. He
| doubtless knew the extent and purposes to and
| for which it was taken aud used by that com-
miitee and that it went forth to the Country
with the sanction of his Endorsement. He
| knew, hey yond question, that it met speedily
| with the indignant denial OF Gen. Garfield,
who denounced the letter as base and stupid
| forgery, and its sentiments as brutal.
During the delivery of the opinion the court
room Was very quiet; the AUDITORS listening
| with close attention to every word. Amnse-
ment was manifested by smiles during some
passages portraying the utter failure Of the at
| tempts to show that such a person as Henry
| l.. Morey ever had an existence, and there
was slight rustic as many of the spectators
turned to look at one another during the COM
lnents of the court on Mr.. Hewitt's connection
| with the case. When Judge Davis closed b,
announcing that he should hold the prisoner,
| Gen. Pryor rose aud put a question as to the
amount of bail. The court said that the bail
| could remain as already fixed (at $5000) and
that the present bondsnen would be accepted.
| At the suggestion of Mr.. Brooks the court con-
sented to adjourn the preparation OF the new
bond until Monday next, at IL IN. The couu-
| sci for Hart rose aud said that the witness,
| Lindsay, in his confession had alleged
that he (the counseD when conversing with
him, before the witness testified, remarked,
That is all you will have to swear
to-" The counsel denied this, and declared
that he only said to the witness, THAT will
do,'' meaning that the interview was ended.
Judge Davis said that he had nothing to do
with this, but exculpated the counsel from any
charge of improper behavior in the public pro-
ceedings. He referred to the latters conduct
| in securing the production of the Morey letter,
and envelope in court, and the counsel ex-
pressed his thanks for the courts remarks. The
court room was then vacated.
Assistant District Attorney Bell declined to
say whether parties outside of New York state
could be Indicted for an offence committed
here in the Morey letter case. The lips of all
the prosecuting lawyers around the district at
torney's office were sealed as to their future
condCct in regard to the case. A rumor pre-
vailed around the district attorneys quarters
that Hon. Abram s. Hewitt would b. indicted
for his connection with the FL. L. Morey letter,
in urging its publication on the ground tnat
the signature was genuine.
SPORTING.