Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-11-15
THE CHINESE LETTER CASE.

An Abstract of Judge Davis Decision.
New YORK, November l3.-Judge
Davis this morning rendered an elabor.
ate decision in the case OF Kenward
Philip, charged with criminal libel upon
Ge1. Garfield. The accused, His Honor
says, is charged with two otfenses:
First, that he wrote the so-called Morey
letter, counterfeiting the signature Of
Gen. Garfield thereto; and second, that
after Gen. Garfield made public denial
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 ex.
listed at Lynn, Mass. The letter, he also
holds, is unquestionably forgery and
not in the handwriting Of Gen Garfield.
The question OF the guilt or innocence
of Philip must he left to the jury to de-
termine. The defendant is held to an
swer the charge OF criminal libel, and
must be committed or give bail.
Judge Davis continues: Mr.. Hew-
tits connection with this letter and
transactions that have grown out OF it
are, to say the least, of the most extra.
ordinary character. According to the
testimony of Mr.. Hart, when he re.
ceived the letter In the very singular
manner in which it reached him, his
suspicious were aroused. He saw its
importance. il genuine, as q weapon OF
deadly power in the hands Of Gen. Gar.
fields political foes. He was not salts
fled to publish it upon the examination
which he and his editorial staff could
make, and he therefore took the letter
and envelope to the Democratic Nation.
ri Committee for inspection. He there
met Mr.. Hewitt. Mr.. Barnum, Mr.. Ran
dali, and several others. Mr.. Hart
showed them the paper and said in
substance, that he did not want to pub
lish the letter il it was q forgery, but,
if genuine, he did, and wanted no other
paper to get ahead OF him in its publics-
ton.
lie saws it was examined by all the
persons he named, but Mr.. Hewitt made
the closest and most careful sxamina.
ton, and spent fully half an hour in its
examination, and then pronounced the
letter, both body and signature. TO be in
the handwriting OF Gen. Garfield. Pho
tographs were then taken for the use vi
the national committee, and Mr.. Hart
returned with the letter to his office, but
his mind was not fully satisfied, and so,
late in the evening. he sought and found
Mr.. Hewitt again, and was again assured
that he (Hewitt) had examined large
number of General Garheld's letters,
and that the Morey letter was genuine,
and this was clinched by impressing Mr..
Hart's mind with the idea that he
would have made il out forgery ii he
could.
The Judge then proceeded to give his
decision at considerable length.
When Judge Davis closed by an
nouncipg that he should hold the pris-
oner, General Pryor put the question ~
TO the amount OF bail. The court said
the bail could remain as already fixed,
$1,000, and the present bondsmen would
be accepted At the suggestion OF MIR.
Brooke. the court consented TO adjourn
the preparation Of the new bond until
Mondav next at l2N Counsel for Mr..
Hart rose and said the witness Lindsay,
in his confession, had alleged tha. he
(the counsel) when conversing with
him, before the witness testified, re.
marked, That is all you will have to
swear to-" The counsel denied this,
and declared that he only said to wit
ness That will do" meaning that the
interview was ended.
Judge Davis said he had nothing to
do with this, but exculpsted the counsel
from any charge OF improper behavior
in the public proceedings. He referred
to the latter's conduct in securing the
production OF the Morey letter and en-.
velope in Court, and the counsel eI.
pressed his thanks ior the Courts
remarks The court room was then
vacated.