The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-11-14
HEWITT vs.. DAVIS.
The Former Politely Gives the
Latter the Lie,
Aud Reminds Him that q
Judge Should Cease 10 be
a PaFtiaau,

New York, I3.-Abrsm s. Hewitt
makes reply to the opinion Of Judge
Davis in tbs Philip case, 10 go far as j,
relates to himself. Hewitt says: The
| Judge, who sits upon case, ia supposed to
know the evidence which has been
given by witness. Certainly
he he should examine it before he
| undertakes to make q statement IS 10 its
nature aud to draw conclusions from it.
That Judge Davis has not performed this
duty, the following comparison of his
statement with my testimony will serys
to prove: a passage is quoted from the
opinion in which It is made 10 appear
that the Morey letter was not publi.hed
until after Mr.. Hart had it OK mined by
Hewitt. Hewitt says: Ny simple and
answered reply to ali this statement
and the extraordinary comments in which
Judge Davis has seen I'll TO indulge, il
that the letter had already been publi.hed
in the Truth before had ever seen Mr.
Hart or the original letter, or any COPY of
it. This fact Judge Davis mast have
known when he penne1 the above lines,
because hSd Gworn in his presence, or
after cross examination by Mr.
Stougbton, which Mr.. Bills intro iuc, d 10
verify the dates, that the interview with
Mr.. Hart and the examination ofthe letter
took place on the 10Th Of October, AZ er its
publication in the Truth and not before.
do not know whether Mr.. Hart made
the mistake in his testimony as TO the
date, but il be did, there is no posi-
ole justification for Judge Davis TO
base q statement on this mistake
IN order 10 attack from the bench the |
character OK citizens, after the date had
been fixed beyond the possibility OF aIl |
The second or ,amended
fac SimiLes were only published in the |
Truth. over which it is not pretended |
that the committee had any control. / |
forbear 10 make any commentary what 1
ever upon the extraordinary character Of |
The opinion produced by Judge Davis.
1t is enough for me 10 point out that the
foundation upon which he has built up
m attack upon my character is false 10
fact, and with this demonstrated the
soasequsnces can only be damaging 10
himself l was prepsred for this attack
oy the evidently pre- arranged prslimi-
lary statement Of Mr.. Stoughton in the
Times of yesterday, and ! am now
breed to belieYe that there is o con-
,5rted scheme 10 break me down in tnis
,ommnnity, where ] have lived for
fly years, and to which can more
afely trust for just judgment than the
Judge of supreme court who
orgets that when he becomes q
adge he should cesse to be . pare
issn. While writing this statement
sent amessengert to Mr.. Hart to ascertain
Theiher he had ever made declaration !
{ vArience with the facts As L have stated ,
hem. Mr.. Hartreplies that he never said,
sstifed, Tor thought that Hewitt or any
ne connected with he national commit
e saw The leiterln advance of the publ
alton Of the text Of the letter in the
ruth on the Doth of October. l never G
ronounced the body and signature of the
tier 10 be in the handwriting OF General {
arfeld. On the, contrary, in the pre- Q
nee Of Mr.. Hart and all the gentlemen
resent, / dselAred the body Of the letter
be in bis handwriting. On