Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1880-11-20

Judge Davis Decision in the Forged
Chinese Letter Case,
NEW YORK, Nov. 13.-Judge Davis this
in the case of Kenward Philip, charged
with criminal libel upon Gen. Garfield.
The accused" his honor says. lis charg-
ed with two offences first, that he
wrote the so-called Morey letter, coun.
terfeiting the signature of Gen. Garfield
thereto, and secondly, that after Gen.
Garfield made a public denial of having
written the letter the accused wrote the
editorial Lying and Sticking to it, and
asserted that Gen. Garfield was liar in
denying the authorship of it. 1T is ap-
parent" his honor says, shat no such
person as HenryL. Morey existed at Lynn,
Mass" The letter, he also holds, is I'M
questionably forgery and not in the
handwriting of Gen. Garfield. The ques
ton of the guilt or innocence of Philip
must be left to the jury to determine.
The defendant is held to answer the
charge of criminal libel, and must be
committed or give bail.
Judge Davis dwellS on the question of
the commences of MOrey as of great
importance in considering the case. He
decided that the accused should be held
to answer unless he could show that
General Garfield wrote the letter and in
fact was, as he held to be, a liar when he
denied having written it. But the evil
dence showed the letter to be a forgery
and the n0n-existence of such person
as Henry L. MOrey. Judge Davis con-
tinues: "Mr. Hewitt's connection with
this letter, and the transactions that
have grown out of it, are, to say the
least, of a most extraordinary character.
According to the testimony of Hart,
when he received the letter in the very
singular manner in which it reached
him his suspicious were aroused. He
saw its Importance, if genuine, as
deadly power in the hands of Garfield's
political foes. He was not satisfied 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 national
committee for inspection. He then saw
Mr.. Hewitt, Mr.. Barnum, Mr.. Randall
and several others. Mr.. Hart showed
them the papers and said i'm substance
that he did not want to publish the let
ter if it was forgery, but if genuine he
did, and wanted no other paper to get
ahead of him in its publication. He says
1t was examined by all the persons
named, but Mr.. Hewitt had the closest
and most careful examination and spent
nearly half an hour in its examination,
and then pronounced both the body and
signature to be in the handwriting of
General Garfield. The photographs were
then take 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 in the
evening he sought and found Mr.. Hewitt
again, and was, again, assured that
Hewitt had examined large number
of Gen. Garfeld's letters and that the
MOrey letter was genuine, and this was
cllnched by impresslng Mr.. Harris mind
with theidea 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 their neighbOrs, should
have published the letter without fur
Their inquiry, but it is astounding that a
man OF known sagacity, of great expe-
rience in business and in public affairs,
and who is supposed to have decent re-
spect for truth and justice and who
speaks as an expert in writing, with
all the suspicious circumstances that
attended the reception of this letter.
with the envelope and its erasures be-
fore him; with the city pOstOffice and
stamp on its back; with the letter mark
ed personal and confidential" and ad-
dressed to some person whom he GER
tainly did not knOw;with the letter before
him, the contents of which, if true.
would be greatly injurious, and if false
would do wrong to his intimate friends
as base and wicked as assassins. he
81 01ld have thought it unjust to press and
cause its publication without first re-
moving all doubt as to its character.
However much equitable division NAV
he leave for others, upon Mr.. Hewitt
must rest large share of the RESPONSE
bility of the first publication of this base
and shameful forgery, and his subse-
quent actions in regard to the forgery
do not lift a single shadow from his con-
duct. He was a member of the national
committee. He doubtless knew the ex-
tent and purpose for which it was taken
and used by that committee, and that it
went forth to the country with the sane
ton of his endorsement; he knew beyond
a question that it met directly with an
indignant denial from Gen. Garfield.
who denounced it as base and stupid
forgery, and its sentiments as brutal.
The Judge also says: my mind has
reached the clear conviction that the SO.
called Morey letter, in body, signature
and all Its parts, Is not in the hand
writing OF Gen. Garfield, bat is alto
gether a forgery, perpetrated by some
person or body OF persons for the pur-
pose OF deceiying the people and defraud-
ing them and Gen. Garfield of their
votes.
The evidence bearing upon Philips
guilt or Innocence OF forgery is vOlumi-
u0uS, and would demand careful an
alysls. Taken in connection with the
evidence in the case it tends to estab-
!ish conspiracy to accomplish a ma
tional crime. The conspiracy points to
men In other quarters and of far higher
positions OF whom he may have been an
acc0mplice or only dupe and tool. 1t
Is better, therefore, that the question of
actual guilt or forgery be left to the con-
sideratiOn of jury before whom addi-
tl0nal and perhaps more decisive evil
dence may be brought. 1t must be the
wish of all honorable men that this case
will lead not only to the discovery and
exposure of the guilty, but to the enact
ment of laws which will prevent or Sc
verely punish Offenses of this character.
Whoever be the guilty party in this case
right thinking men everywhere must
look upon the act as an appalling
crime, wholly at war with the safety
and sanctity of the popular government.
Fortunately no committee and no body
OF men hold in their hands and con-
strong enough to interpret the sentence
science of the people, and no party feeling
of condemnation which honest men of
all parties must pronounce upon such
guilty acts. The men most criminal in
this case may not he reached hv the