The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-10-28

Garfield Chinese letter. He will be ar
raigned in the Supreme Court this after.
noon. His counsel have already applied
for his discharge on habeas corpus.
Another report from Brooklyn says that
the arrest was made on the charge OF
counterfeiting postoffice dies upon a
warrant granted in the Federal Courts.
| THE ARREST.
i Philip was arrested in the lobby Of the
Park Theatre, in Brooklyn, while in con.
yersation with ex.sheriF Daggett, Repub.
lican leader in Brooklyn, and other gen.
tlemen. The arrest was made upon war
rant issued by Judge Noah Davis, Presid.
ing Justice Of the Supreme Court. It
charges Philip with maliciously compos-
ing and publishing fraudulent letter.
Philip and an officer, accompanied By VIM.
veeder, lawyer, came over TO the police
headqua, tiers, this city. After brief de-
tention Philip was taken to the Supreme
Court. Judge Davis being temporarily
absent, he wasdetained in the District At
torney's office.
Philip, 1t is rumored, was arrested on a
charge OF malicious libel, and not as at
first reported for publishing an alleged
forged letter.
A long consultation took place in the
District Attorneys Office between Assist
ant District Attorney Bell, U. 5. Commis-
sioner John I. Davenport and Gen. Bliss.
who, 1t is thought, will represent the pros
ecution, and Gen. Roger A. Pryor, ex-
Surrogate veeder, and Home & Hummel,
retained by the defence. The nature Of
the consultation was not made known. A
few minutes before three Philip was taken
to the General Term room oithe Supreme
Court, where the arrival OF Judge Davis is
now awaited. x.Minister Stoughton,
Elihu Root and Henry E. Knox, also ap.
pear for the prosecution. John l. Daven-
port was also in Court to watch the pro.
ceedings.
PROCEEDINGS IN COURT.
3:l5P. M,-Iudge Davis opened Court
at 8 o'clock and Mr.. Bell stated that he
desired to make return to the warrant
issued for the arrest OF one Kenwood
Philip, who was charged with having pub
lished criminal libel on James A. Gar
field. Mr.. Bell was proceeding to read the
afIidsyits on which the warrant was OBJ
tanned, but Mr.. Pryor objected and Judge
Davis decided to allow them to be read.
Tho first was made by Col. George Bliss,
and Mr.. Bell had hardly commenced
when be was again interrupted by Gen.
Pryor, who stated that his client waived
examination and desired to have the mat
ter presented speedily to tho Grand Jury
SO that an early trial could be bad. He
was ready to try the case tomorrow. and
under those circumstances 1t was not
proper to read the affidavits.
TIE CHARGE OF CRIMINAL LIBEL.
Mr.. stoughton explained, was in
order to guard against any possible diff.
Guilty in sustaining the simple charge OF
s
forgery.
Philip appeared very nonchalant when
arrested anu wneh lf'epu asseu ~, nun
what was the matter, he replied, 81 be.
lieVe s'n h'feS'eu i'f to's"S D'"
snow!" ID.
The evidence against Philip consists, in
part, Of export testimony ss u 'he i''seu
letter, but 1t IS anoe'stooa 'h"I papers
containing wf.uhs OF tue same cna'ae'ef
as that ol tne 'ofSeu ie1'ef haSe peen DO
cured. ..,...
After some argument pLs',ieI At'U,ney
Bell read the alnaaVit Ci ool' ueo' o'iSS'
who teslihed that No nau eSatn'neu
FAC SMILE coff OF TIE LETTER.
with others IN MS possession ifo" G. nen'
darhe!d' ana declared II d forgery tnA' M
ne compared a photograph copy oi tue
letter with the WIRING OF the accused, anu
on information and oellei 'housnt fn''p
was the autnor OIL Tue ie'.eF'
AmaaVits sworn 10 ny 'osepn 1' Ae
auu Aioe'' E. 'ou't"0''A' sAp'N' o
handwriting were feaG' ana were ~ o'
similar purporh At'scnea 10 Tue am
davits was the original copy In Tue manu-
writing oil the accused, Oh an arIic'e puo'
lished in the Truth,
A motion was then MADE 10 nave Tue
warrant dismissed on the ground tnat 'he
atiidavits were not strong enough 70 sup
portit The motion was denied ny Judge
Davis, who held that the publication oi
81 -, " 80 .o.aoa - NJ. oainr, rron ,be
"u'eu ',As.s " @ .s:.s;nsi I;ha, Tbo
supposed ausnof' was criminal iiue.' Inc
! examination was adjourned until to'mor'
, row at II O'Clock, Philip furnishing 81, 900
~, a. .nnoor Go, PRYOR cornsel for