Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-10-29
THE FoRGER IN COURT AGAIN.

ings in the case of Kenward Philip heretofore
printed "Kennard Phelps y, charged with
malicious libel upon General James A. Gar
field, attracted large crowd of people to the
general term room Of the Supreme Court this
morning. Judge Davis occupied the bench,
and there was a full array of counsel on both
sides.
Assistant District Attorney Bell, for the
people, called as the first witness Colonel a.
| f. Rockwell, U. S. A, OF Washington. He
testified that he knew Garfield for years was
his classmate, and graduated with him at
college in his extensive correspondence with
| Garfield more than ZOO letters had passed
! between them witness was therefore familiar
with Garfield's handwriting.
| A Autograph was handed witness, and was
identified by him as copy of letter re-
! ceived by him from General Garfield.
Assistant District Attorney Bell asked
counsel for the defense if they had the orig
inal Chinese letter.
Counsel for the defense stated that they did
not propose to answer that question at pres
ent.
a photograph of the letter, in a gilt frame,
was handed up by the defense.
Bell declined to receive this, and again
called for the original, in order that he might
examine Colonel Rockwell in regard to it.
Counsel for Philip stated that the original
letter was not in the possession of their eli
emf, but was held by Mr.. Hart, publisher of
The Truth.
The latter was in Court, and was called to
the witness stand.
Hart said he had not the original Morey
letter with him. 1t was in possession of
| friend, and declined to give his name. Wit
ness could not procure the letter, as his friend
was out of town.
MIR. Bell demanded the name of the party
to whom the letter had been delivered, and
Hart again refused.
The Court ordered him to answer, but he
again, in a disrespectful tone, declined.
Judge Davis ordered him committed for
contempt of Court, and he was handed over
to the custody of Police Captain Walsh.
Howe, of counsel for defense, made a mo-
ton to purge Colonel Hart of contempt, say
ing that Colonel Hart was willing to
produce the letter, but wanted a guaran
tee that the letter should be returned
to him. Howe explained that he did not
mean to say that the Court would keep the
hands and be lost. Continuing, Mr. Howe
said that if the letter was to remain in the
custody of Judge Davis, Colonel Hart was
| willing to produce It.
Judge Davis said that the letter would re-
main in his custody.
On motion, Colonel Hart was allowed three
hours to go with counsel and procure the
letter.
Hart made statement that he was willing
to produce the letter, but that he wanted a
guarantee that it would be returned to him,
or else remain in the custody OF Judge Davis.
The proposition was agreed to, and Hart
and his counsel left to get the letter.
Colonel Rockwell was recalled. ana asked
to identity letter written by James A. Gar
field to Marshall Jewell, denying the au-
thenticity of the Morey letter. He testified
| hat he latt from Garfield IN Tauel yyac
genuine.
Question by Mr. Bell-Look az the copy of
| the newspaper called TRUTH and also copy
dated the 10th. Look at the Photographic
copy of the letter purporting to be signed by
James A. Garfield, and state if, in your iudg-
nent, it Is III General Garheld's handwrit-
ing.
Mr. Brooks, for defense, objected to the
question, as a comparison made with photo
graph, and not with tie original, which would
be produced.
Judge Davis ruled that the evidence was
premature, proof had been given that
the fac simile was Photographic copy, and
that the prisoner had not yet been connected
with it.
a recess was then taken.
GARFIELD TO BE SWORN.
NEW YORK, October 2Sth.-Counsel for
Philip has prepared subpoena directed to
pear and testify at the investigation this
afternoon. Counsel claims that Garfield is
at the Windsor Hotel, although not regis
tered.
THE LETTER PRODUCED MINUS THE ENVELOPE.
New YORK, October 2Stb.-The Court re-
assembled at 2:30 p NJ. AT Z minutes to 8
o'clock Mr.. Hart and counsel entered the
Courtroom.
Hart apologized for delaying the Court,
saying that he had been delayed by an indict-
ment in the State Court for libel on COM
plant of Marcus Cicero Stanley. Hart then
took the witness stand and produced the
letter.
Bell asked for the envelope.
Hart said he was told to bring the letter
only. 1t would take FIVE hours to get the
envelope.
Mr.. Hart said he kept the envelope under
his protection as he was informed that an
order of arrest had been granted against him
in suit instigated by Marcus c. Stanley
and George Wilkes, which he characterized
as dastardy.
Judge Davis told him that while he was
witness he would not be iuterfered with.
Hart thereupon promised to produce the
envelope tomorrow.
Colonel A. L. Rockwell was recalled, and
testified that he purchased copy of the
Washington Gazette when it first published
the fac simile of the Morey letter, and COM
pared it with letters in his possession received
from Garfield, and then thought it forgery.
He communicated with Garfield, and, on the
telegraphic request of H. Il. Knox, came to
this city and submitted to Colonel Bliss
dozen letters that he had received from Gen.
Garfield, one of which was chosen to COM
pare the exhibits of the fac simile copies of
the Morey letter with. The letter was shown
by Bliss, but he did not know that it was
L IL e
denial from Garfield to Marshal Jewell but
thought it was chosen because it was nearest
to its date. When shown the Morey letter
he examined it closely, and did not think it
was Garfell's writing, though there was
some resemblance.
On cross-examination, be stated that he was
Assistant Quartermaster in the army, spe-
oially detailed to take charge of national
cemeteries that his present appointment
was due to General Garfeld's interest in him,
he having been classmate of his, and that
he was greatly indebted to him.
Albert Daggett ex-Sheriff of Kings county,
testified that he knew Philip for seven years,
and knew his handwriting. On looking ut
the manuscript copy of the article published
in The Truth, entitled Lying and Sticking
to It," he said it was in Philips .handwrit-
ing, and on comparing it with the Morey let
ter, he thought they were in the same hand.
writing. He was strong Republican, aud
had large sums wagered on Garfeld's election.
James McDermot testified that he knew
Philip intimately, and was familiar with his
handwriting, and on comparing the Morey
letter with the exhibits he believed them the
same. He admitted having been indicted
for a felonious assault, but not convicted. lie
stated that while reporter on the Brooklyn
Journal he had been sued for $50, 900 dam
ages for libel by Henry J. Bowen, the suit
arising out of the Beecber.T ilton case
Charles Hoffman testified that he is en-
ployed by Sarony, and photographed the fac
simile copies from the original, which was
given to Mr.. Sarony by Mr.. Hart.
Daniel I. Ames, an expert, was called. He
compared the fac smile copy with the ex-
hibits written by Philip and with one of Gar
fields letters, and declared that the crossing
Of its" and the general formation of the
loops, spacing and general slope and scope
are more characteristic of the writing in the
exhibits than in Garfeld's letter. He stated
that the writing in the exhibits and the
| Morey letter were the same.
He was cross examined as to other trials in
| which he had been o witness. His cross
examination will be concluded tomorrow
morning, 70 which time the Court adjourned.