The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1880-11-20
The Case OF Txcn1Vard Philip.

DECISION OF JUDGE DAVIS - PHILIP HELD TO
ANSWER THE CHARGE OF CRIMINAL LIBEL-
STRUCTURES ON MR., HEWITT.
NEW YORK, Nov. l3.--Judge Davis, this
morning, rendered an elaborate decision in
the case Of Kenward Philip, charged with
criminal libel upon General Garfield. The
accused, his honor says, is charged with two
offences. First, that he wrt te the so-called
Morey letter counterGeitng the Signature OF
General Garfield thereto, and second, that
after General Garfield made public denial
of having written the letter, the accused
wrote an editorial headed Living and Stick
ing TO It," and asserted that General Garfield
was a liar in denying the authorship of it.
1t is apparent, his Honor says, that no such
person as Henry i. Murey existed at Lynn,
Mass. The letter he also holds is unques-
tlonably forgery and not in the hand d-writ-
ing of General Garfield. The question of
the guilt or innocence of Mr.. Philip must be
left to a jury to determine. The defendant
is held 10 answer the charge of criminal IL
bel, and must be committed or give bail.
Judge Davis dwelt on the question of the
genuineness of the Morey letter as of great
importance in considering the case lie de-
cided that the accused should be held to an
swer unless he could show that General Gar
field wrote that letter, and, in fact, was held
to be liar when he denied its authorship.
But the evidence as reviewed he held show
ed the letter To be a forgery, and showed the
non existence OF such a person as Henry l..
Morey.
Judge Davis is very severe on Mr.. Hewitt.
He says: Mr.. IIewilt's connection with the
letter and transactions that have grown out
Of it are to say the least ofa most extraordi-
nary character. According to the testimony
of Mr.. Hart when he received the letter the
very singular manner in which il reached
him aroused his suspicious. lie saw its i'm
portance il genuine as a weapon of deadly
power IN the hands Of General Garlields
political foes. He was not satisfied to pub
lish it on examination which he and his
editorial staff could make, and he, there
fore, took it to the Democratic National
Committee for inspection He there saw
Messrs. Hewitt, Barnum, Randall and sew
rlal others. Mr.. Hart showed them the
papers aud sald in substance that he did not
want To publish the letter if 1t was forgery,
but, if genuine, he did, and wanted no 9TH
er paper to get ahead Of him in its publica-
ton. lie saws it was examined by all the
persons named, but Mr.. Hewitt made the
closest and most careful examination, and
spent fully half an hour in its examination,
and then pronounced the letter, both body
signature, 10 be in the hand writing of Gen
eral Garfield. Photographs were then taken
Tor the use Of the National Committee, and
Mr.. Hart returned with the letter to his Of
flee, But his mind was not fully satisfied
and late in the evening he sought and found
Mr., Hewitt, and was again assured he (Mr
Hewitt) had examined a large number of
Garield's letters, and the Morey letter was
genuine, and this was cllnched by impress
ing Mr.. Hart's mind with the idea that he
would have made it out forgery il he could.
lt is not very surprising that Mr.. Hart, with
the usual anxiety of newspaper publishers
to be ahead Of their neighbors should have
published the letter without further inquiry,
but it is astounding that man of known
sagacity, of great experience in business and
in public affairs, and who is supposed to
have a decent respect for truCh and justice,
aud who speaks as an expert in writing, with
all the suspicious circumstances that attend
ed the reception Of the letter, with the en-
velupe and It's era sures before him, with the
C ty post-oiiice aud station stamp on its back,
with the letter marked personal and conf
dental, addressed to some person whom he
certainly did not know, with the letter be-
fore him, the contentsof which, if true, would
be greatly injurious, and if false, would do a
wrong To his intimate friend as base and
wicked as an assassin stab-should have
thought 1t Just to press aud cause its publ
cation, without first removing all doubt as
TO ITS character. However much equitable
division may leave Tor others, upon Mr..
Hewitt must rest larger share of RESPONSE
bility inr the first publication of the base
and shameful forgery, aud hls subsequent
relations ln the forgery do not lin single
shadow from his conduct. He was a mem
Der OF the National Committee. He, doubt
less, knew the extent and purposes 10 and
tor which IL was taken, aud that il went
forth % the country with the sanction Of his
endorsem Mt he knew beyond question
that il met spec lily with the denial of Gen
eral Garfield, who denounced the letter as a
base and stupid forgery, aud its sentiments
as brutal.'
The Judge also says "My mind has reach