New-York tribune., 1880-10-28


link IN The charge of testimony ncedinl TO DE made
IS wanting. and say again. cast aside the Morey
letter lay aside the Garfield ietter-ay ASIDE IN
deed. the evIdeGcf of the eXpcrts-and you nave
upon the flce of these papers. criminal offence OF
the character. which in substance - an
offence against the Nation. II IS IN outrage never
before pnrpetratrd, and prub1Ov the authors VIII
receive such lesson that II wil not be perpetFaed
again m tns century.
Mr.. Brooke called attention 10 an act passed Feb
ruary. 1850. chapter 36 tn show that the eNpeTi =
testimony was InadmisVbe. There was also, NE
argued. evidence offered by the atiiaut that de-
fendant was writer or editor. or had any c'nnec-
uOu with the paper m which the alleged libeI was
published In reply to this. Mr.; Bel read
portion of the affidavit made by Mr.. Bliss.
THE JUDGES DECISION.
Justice Davis said " do not see any OF the diff
cultics IN regard 20 the afidavits which Won, the
counsel for the defence find. The aidavts present
substantially, two charges. Either of them beng
sus s-lued bv evidence would be a ground for
holding the accused man for trial One IS that the
letter pu-portng to be written by Cen
eral Garfield has been forged hy the accused
and uttered i'm public. The character OF the
letter which has Ist been read. Is such rs to he
come libel ous because ~ tends 70 bring contempt
mon the alleged writer. Even If DO be true letter.
ganuluc letter MS eject would be serious INJURY
10 the WRITER under the c.rcu Instances mentioned
in the affidavit. Now. / have 10 doubt thar q per
son who torges letter and eauSesI 10 be puDlShei
a a genuine letter commits the offence charged
IN his aildavlt. lt IS NIel, althongl 10 NAV nos
br IN the true sense # the law. crime Of another
character. these afidavIts charge also another
alleged libel. and that Is iu substance that
after the alleged writ r. of the original
letter had publicly denounced 1t as a
forgery The accused man. with the fact
before him. n an article IN which he recognises mat
dcuuucauou. declares that the person thus de-
uOuucIug fhe letter rs a forgery. ana VINO l7 ihe
alleged writer. is .ar. and therefore hoids Liin ND
10 contemp,. Now, 10 publishing declArail'n
according t0 tuI, charge. tina. General CARRIED IN
making that DENIAL is har-th1t auounteI
To . malicious libel, and these papers very clearly
present the case on that count. however much theY
may. under the technical rules Of Law, iii
to present sufficient evidence that lhe al
legged forged euer Is forgery. In re-
glrd 10 another point. photographs have been
used a number of case> especially ln cases Affect
ing baudwUuug, aud fn the eyes oi tne Law pdo-
togruph cannot ne. There Is uo reason therefore
why they should NOT be put n evidence That be-
ing the case think. ON both ora cIrs enough has
been shown 90 put the Court 10 mot iou ana the DE-
teudant upon bis answer Alr III, are you ready
Nr Bell said he was NOT prepared to complete
the investigation. but he was prepared 10 go on
with 10 il the Court desired and 10 Was convenient
70 counsel on the other side.
After some dIscu sion 10 was decided 10 adjourn
the hearing unul II O'Clock today.
General rlyor-NIll you Xix the amount OF
Justice Davi4-Have power TO allow bau7
Mr Broolr--l have 10 doubt Of that. The act OF
justice DAVIS suppose there is no objection to
that course
BAIL FIXED AT TJOuU.
Nj Bel-No. SIR. have uoobjecron 70 that course
being taken. and iu determining the amount Of bail
/ have to say that we certainly regard the charge
against this person as perhaps as grave
and serious IN its consequences TO the
persons whom we represent. IN addition 10
the people OF the State of New York. any charge
that has ever been presented iu court Of justice.
We are satisfied that the act attributed 20 this per
son was one for winch be never personally assumed
the entire responsibility that thcre is back Of tins
accused person so powerful a bacEar that the ior-
fp furc of tine small sum Ot money whlcn might be
fixed JV the court as blIl would readily De sub
mitted % rather tnan have the end
attained f0r which ths prosecution was begun
shall ask Won 10 TX the bdll m .ucA an amount rs
Will be likely TO secure the AT 'udlncc o1 thl-
accused pcrs il, and 10 seems u mo
thar uudcr the circumstances II should be- fixed
at a SUN not less than $4,000. his Is very
gricvou- case OF criminal libel. and as ! have mt
ma rd the forfeiture Of comparatively small sum
would very readily be paid by those backing the
General Pryor said: # the defendant has com
mitted thIs offence. It 's not an aggravated OIL
fence The sentiments imputed 10 THIS
dSrin guished en- zen Oy this S9-caacI forged letter
sentiments he has himself uttered on the uoor Of
Congress and-
Justice Davis-I cannot hear that There is moth
ing justify II unless counsel intends to assert that
General GalfaId's speeches N Congress justify the
letter IN question.
General Pryor went on 10 argue that there were
no circumstances IN the case which rendered II
necessary that preccdent- should De violated. OF
thar constitutional safeguard ID the citz n which
prohibited any Judge from imposing eXAcung ba'I.
lie further sdiu that the accused mad no hackers
except ho insufficient counsel. and save that back
Iug. all sufficient. which was to De found III Inno-
Ccucc. -
The last sentence evoked a slight applause which
was instantly suppressed.
Justice Davis sald thai the offence charged
of the most heInOus character and deserved far
scvercr and cOudIgn punishment than the statute
permitted. Application for ban. must be governed
by the nature OF the offence hen IL Is ono oI
so high maCnii udr a. affecting the graycst interests
and one OF he gTayest acts that tie people 81 our
country are called upon to perform, b. should be-
wanting ia duty I0ui he fail ID recognize It's I'M
portauce. Bus there were other CONSIDERATIONS m
the case. and after stating these fully the Judge
fixed The bail at $1,000
THE BONDsMFN.
Counsel for prisoner exuercncci no uncommon
trouble in procuring the required bail They found
one bondsman AZ the outset. IN the person OF Gen
era Francis b. Npinola. but a second bondsnlan
was long IN turning up. Judge Yccdcr dispatched
several messengers to the office of the newspaper
IN which The forgery was committed. tut the edi-
tors were either unwilling or unable to do any
tnnG for their colleague. over bali
an hour passed IN iIultl-sS search, and
hen one messenger returned stating That Norman
l.. Munroe-an anticipated bondsnal-could not be
found Mr. Pnlp grew uneasy and seemed 10 give
ND all hope of beng released that nlgh'. AT tblH
inncure however, his counsel suddenly came across
"A deDuty-sheriG who was Wiling To - BAL. ms
man is James Fav, of No. jJs Greenwicn-st who
possesses real estate property of the value OF
SO 600. Assistant Dlstrct-A't0rncy Bell was
called and the bonds -Igncd By General >pnola
and the deputv-@heih. On bidding Defective Field
goodbye. Ph.lp sorrowiuliy remarked; am
afraid stall hav" 10 see you again.
NoT 4 FIRST Offence.
IL is said that this not the first time that PhIlp
has tried his hand at forgery, although N the pre-
vious case he did not get into the courts. In the
Kings County Democratic Convention in 1876
there was share contest Tor the sur
rogateshp between Mesers. Daley and Livingston.
and the latter was only successful ~ one vote.
While things were at "A critical pOlut petition
to have been signed by prominent clti-
zons oi Brooklyn was handed 10 thr Convention
urging the denomination OF VI lllam ID. Needer, the
49, Snrrnrnte Il WY aftcrward ascertaIncd that