The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1880-11-05


and Jewell, sud he declared they were
not in the same handwriting.
The witness was then shown b.
SiougtIi,ln, for the prosecution, the en-
velope produced this morning, and was
asked If there had been an eFasure on
the stamp, and he answered IN tile
affirmative. Continuing. he said, EThere
is an erasure on the stamp IN the date Oh
the month. cannot Szy what the orig
inal date was. There are three stamps
on the envelope, in which no dates Can
be made out All dates seemingly have
been erased"
Allen NJ. Leet, q newspaper reporter,
was examined by the prosecution. Was
familiar with Philips handwriting.
The exhibits "a" and Ak" were, wit
ness was of the opinion, in Philips
| handwriting.
At this stage of the case Bell said he
| would like an adjournment as he had
other witnesses TO examine who were not
present. He expected, he said, witnesses
| from Lynn, Mass, who had not arrived,
and that Mr.. Payne, his other expert wit
ness, was lying sick and unable to at
tend.
This was objected TO by Brook and
1 Gen. Pryor, who for the defense SAID he
| Thought il was due to his side tn allow
4
of the letter.
After argument by the counsel Judge
| Davis said. Owing to the national sig
niicance of this case feel it my duty
to sit as examining magistrate: and al
though it is not usual for Justices in the
supreme court TO SO use their authority, it
is not without precedent. Chief Justice
Marshall, in case similar TO this, so
sat, and committed the defendant. AT
ter evidence WAS admitted that this let
ter was in fact written by General Gar
field, as an expression of the sentiments
he entertained on the subject of the lei
| ter, il was not only unfair judgment
of him, but should condemn him.
There is no possible doubt, I think, in
/ The minds of the thinking men of this
| country, that the idea with which this
letter closes, that the treaty with that
| great power, so far as population is con-
| cerned is the largest On earth, should not
be abrOgated until the manufacturing
and other corporations are convinced on
the question of labor, simply means I'M
til they are supplied to their satisfaction
with the cheap labor of the Chinese
! Such a sentiment. uttered by the presi-
Dental candidate, would, as n matter of
course have most serious effect. But if
it be not genuine. and forgery, every
thinking man not only will admit, but
at once will entertain with pleasure the
| the thought that the forger should be
promptly and severely condemned
Now, under such circumstances feel it
my duty TO sit as examining magistrate
and to issue my warrant, not for the pur
pose of subverving the interests of any
party. No approach to me has ever
been made on that subject by any per-
son connected with. any party, and il is
int h.
as to lead to any other than perfect and
absolute truth. This application is an
ordinary one, and would be granted. It
is in conformity with universal practice,
and besides, on the part of the prosesu-
ton, delays have been occasioned by
non production of the letter, for which
the court was Obliged to postpone hear
ing. in the first place, something more
than three hours, and then by resort to
what must appear to every one as "a very
strict construction of language, the en-
velope was not forthcoming and five
hours more were consumed. These cx-
ira delays caused the loss of nearly half
day, though the counsel in this case
are not blamable for this. / am not
willing to be put in a false position, and
l will give both sides every opportunity
to present their evidence. If the prose
cutiOn are not ready, the defense can
proceed, and give way when the prose-
culiOn are ready. / will adjourn the
case until Q O'Clock.
When the court reassem bled General
Pryor and Mr.. Brooke, of counsel for
the defense, entered, accompanied by
Hon. Abram s. Hewitt, whose presence
gave rise to a report that he was to take
the stand as witness for the defense.
Witness Hogan was recalled by Col.
fnF ha hraf h
nation was objected to on the ground that
Bliss was a complainant. The objection
was overruled, and Hogan testified: I
have submitted the Morey envelope to a
microscopic test, and have found
erasures. 1 also found that on the
stamp a figure was printed, while
what call figure is not printed, but
there is alongitudinal stroke and it is not
set in the same field with figure 2; above
and a little to the right of the word
"Morey" is evidence of an erasure; one
word, l think, is ESQ" and another
erasure to tie left of ESQ.," is continued
and is nearly in line with it; the stamp
on the reverse of the envelope shows ev-
idence of two erasures; within the ring
under the word HMorey," there is evil
| dence of an erasure just under the letter
"y;" the letters 30 k" are written over
the erasure; the word Lynn" is written
below a portion of the erasure and there
is little erasure above the word
Mass"
Cross-examined by Mr.. Brooke-I ex-
| amlned the envelope at the postoff1ce in
the presence of MIR. Bliss, Mr.. Stoughton,
| Mr.. Gaylord, VIM. Finn and Mr. Knox !;
don't know who brought ii there.
Judge Davis-I entrusted it to Mr..
Bell
Mr. BrOoke-I understood the letter
was not TO go outof your hOnor's control,
and / call your hOnOr's attention to the
| fact that the letter is not in the same con-
dition as when we delivered it
| Judge Davis-I cut off part of the
edge. The tears in il were all there.
Charles Hoffman was then called and
testified as follows:
A photograph of the envelope was
made under my supervision. / received
| it from Mr.. Hart, and it is in the same
condition now as when 1 received it; I
noticed no erasures; I did not look for
/ them.
| John Phin testified:
II reside in New Jersey; / am the ed
| itor of the American Journal OF Micro
| scopy, and have made it a study for 25
years; have been called as a witness as
expert before; saw the Morey envelope
| two hours ago and have examined it un-
der q microscope The surface of the
paper is disturbed in many points, which
| can be discovered by holding il to the
/ light. Several points along and above
the name fibers are disturbed. There is
an erasure above the word 'Morey,
which had evidently been made by the
word esq The disturbance of the fibre
is on the outside of the envelope. There
is disturbance on the stamp, but no
more than ordinary friction would cause.
do not think it is an erasure. The fig
ure seems to have escaped there may
have been extra rubbing. The micro
scope shows that figure / alongside of
figure was not stamped on the face of
the envelope; saw the word ESQ., but
could tell what the other erasures were
there are some small spots of ink under
the word representative; there is an
erasion-
Judge Davis--Can the witness fix his
microscope so that / can examine the
envelopes
Witness-Yes sir.
The instrument was then arranged and
the examination made by the justice.
Mr.. Phin was then cross-examined by
Mr.. Howe. He was shown part of the
envelope, with the words 81. A. Garfield,
! NJ. c." and the mark of the stamp on
it. On request he made q microscopic
investigation OF it, and testified that il
had been stamped twice.
James Gaylor. general superintendent
of the city delivery, testified: When a
letter addressed to some one in this city
arrives it comes in locked apartment.
1t is taken out and stamped with the re.
ceiylng stamp, which indicates the hour
it Was received: the stamp shows the
month and day; the stamps have on them
the words, Received at New York. "
] and the date. The stamp lie put on all
letters for city delivery, and on them On
ly. IT letter arrived here from Wash
ington passing east il would not be treat
ed in my division; there are nineteen
districts in the city, and all letters in.
tended for district are sent to that dis.