The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1880-10-29
uart. frsprietsr OF the --frsth.- = Con-
PEELED 60 Proaaee the Deeanest.

charged with a malicious libel upon
Gen. Garfield, attracted large crowd
Of people 70 the general term rooms Of
the supreme court this morning. Judge
Davis occupied the bench, and there
was q full array Of counsel on both
sides. Assistant District Attorney
Bell for the people. called as the iiEst
witness Col. A +. Rockwell, U. 5. A,
Of Washington. He testified that he
knew Garfield 27 years; was his class
mate, and graduated with him at col
lege. In his extensive correspondence
with Garfield more than 1000 letters
have passed between them; the witness
was, therefore, perfectly familiar with
Garfield's hand writing. A lithograph
was handed witness and identified by
him rs . copy Of q letter received by
him In November from Gen. Garfield.
Assistant Attorney Bell asked counsel
for the defense il they had the original
Chinese letter.
The counsel stated they did not pro-
pose to answer that question for the
present. A photograph Of n letter in
gilt frame was handed in by the de-
fense.
Bell declined TO receive this, and again
asked for the original In order that he
might examine Col. Rockwell In regard
10 ii.
Counsel for Phelps said the original
letter was not in the possession OF their
client, but was held by Mr.. Hart, pub
Usher Of the Truth. The latter, who
was In court, was called To the witness
stand. Hart said he had not the orig
ginal Morey letter with him; 1t was in
the possession Of friend, and declined
10 give his name; could not produce the
letter as his friend was not in town.
Bell demanded the name Of the party
TO whom the letter had been delivered,
but Hart again refused. The court
ordered him to answer, but he again
In respectful tone. declined.
Judge Davis ordered him committed
for contempt OF court, and he was
handed over to the custody of the
police.
Capt. Walsh Howe, OF counsel for
the defense, made a motion TO purge
Col. Hart for contempt, saying that
Col. Hart was willing to produce the
letter, but wanted q guarantee that the
letter should be returned to him. Howe
explained that he did not mean TO say
the court would not keep the letter but
that 1t might pass into subordinate
hands and be lost. Continuing, Mr..
Howe said II the letter was TO remain
in the custody Of Judge Davis, Col.
Hart was willing TO produce 1t.
Judge Davis said the letter would re-
main in his custody.
On motion, Col. Hart was. allowed
three hours to 60 with counsel and
procure the letter.
Hart made a statement that he was
willing to produce the letter, but that
he wanted n guarantee that 1t would
be returned TO him or remain in the
custody Of Judge Davis. The PROPOSE
tion was agreed to and Hart and his
counsel then left to get the letter.
Col. Rockwell was recalled and asked
as to the identity Of the letter written
by James A. Garfield TO Marshall Jewell
denying the authenticity Of the Morey
letter. He testified that Garfield's let
ter to Jewell:was genuine.
Question by Mr.. Bell-"Look at the
copy Of q Newspaper called the Truth,
and also at q copy dated the Goth, and
look at the Photographic copy Of the let
ter purporting to be signed by Jas. A.
Garfield, and state II in your judgment
it is in Gen. Gariield's hand writing.
Mr.. Brooks, for the defense, objected
to the question, as 4 comparison was
made with the photograph and not
with the original, which would be pro-
duced.
Judge Davis ruled that the evidence
was premature, as no proof had been
given that the fac simile was photo
graphic copy, and that the prisoner had
not yet been in court with 1t.
A recess was then taken.
The court assembled at z minutes to
O'Clock, when Mr.. Hart and counsel
en'ered tne court room. hart apollo