Morning journal and courier., 1880-11-15
NEW YORK.

NEW YORK.
 Judge Davis Stingfng Decision in tn
 Mercy Letter Fraud-The Letter ant
 Envelope FOrzetios-Abram s. Hewitt l Rebuked.
 1 NEW YORK, Nov 1.-The Court of Dye I and Terminer was crowded yesterday morn
 ing with persons interested in hearing tn opinion of Presiding Justice Davis in tn
 criminal libel suit of The People vs. Ken
 wood Philip, growing out of the Mercy letter The respective counsel on both sides wer | present and also the accused. Immediatel. | on taking his seat on the bench Judge Davi
 read very long opinion in the case in whicl | he concludes the letter and envelope are not
 in the handwriting of General Garfield ant
 holds the accused under the same bail te
 await the action of the Grand Jury. Judge Davis reiterates and criticises at length the
 evidence submitted on both sides as to the
 genuineness of the letter or otherwise, al
 ready published and comes to the conclusion
 that both letter and envelope are in all theil
 parts forgeries that no such person as H. L. Mercy ever had an existence, and that the pretended letter from John W. Goodall who assumed to have been the executor of Mercy. is also fabrication. The evidence of John W. Mercy and Lindsay, alias Barry, is pro- nounced false and wholly unworthy of ere dence on the point of having known and met H. L. Mercy.
 Referring to Abram S. Hewitt's responsi- bi1ity in the matter, he says: However much an equitable division may leave for others, upon MT. Hewitt must rest the larger share of responsibility for the first publication of the base and shameful forgery; and his sub sequent relations to the forgery do not lift a single shadow from his conduct. He was a member of the National committee. He doubtless knew the extent and purposes to and for which it was taken and used by that committee, and that it went forth to the country with the sanction of his indorssment. He knew beyond question that it met speedi- Iy with the indignant denial of General Gar field who denounced the letter as a 'base and stupid forgery, and it's sentiments as brutal'' Under our statutes the utterer of a forged instrument with knowledge of its falsity is placed in the same rank of crimi- nality with the forger. Had the subject of the forgery in this case been instruments pur- porting to be obligations of General Garfield, and he had publicly declared them to be for geries, who could thereafter send them forth and circulate them throughout the communi- ty with his representation of genuinenes without mourning the penalties of the law :? The difference is purely statutory, and in a moral form wholly vanishes.
 The opinion concludes as follows:
 It is not all necessary that it should be de- termined on this investigation whether Ken ward Philip is the actual and guilty forger of the letter. As already stated, the offense of criminal libel is made out against him when it is ascertained that the Mercy letter is in fact forgery and that he wrote and pub lished the article which charges General Gar field with lying in denouncing it. The evi- dence bearing upon his guilt or innocence of the forgery is voluminous and would demand a careful analysis. Taken in connection with other evidence in the case it tends to estab- fish a grave conspiracy to accomplish a na- tional crime. The conspiracy points to men in other quarters and of far higher petitions, of whom he may have been an or only the dupe and tool. It is better, therefore, that the question of the actual guilt of the forgery be left to the consideration of @ jury before whom ad ditional and perhaps more decisive evidence may be brought. It must be the wish of all honorable minds that this case will lead not only to the discovery and exposure of the guilty but to the enactment of law which will prevent severely punish offences of this character Whoever be the guilty in rhis case right thinking men everywhere must look upon the act as an appalling crime, wholly at war with the safety and sanctity of popular government. Fortunately no con- mittee and no body of men hold in their hands the conscience of the people, and no party fealty is strong enough to intercept the of condemnation which honest men of all parties must pronounce upon such guilt. The men most criminal in this case may not be reached by the hand of justice, put they will find no party willing to bear and share with them the just measure of in- fanny and scorn that awaits them. As they nave failed in their guilty purpose, so will ,hey fail in securing the approval even of those for whose success they have done the guilty work It will be small consolation to know that they have gained by this forgery few useless electoral votes, melted an infuria- led mob to the murder of a few unoffending human beings and caused few of their own agents to suffer for perjuries and misdemean- 1rs The defendant is held to answer upon ,he charge of criminal libel and must be committed or give bail for his appearance to answer any indictment that may be found against him.