Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-11-01

handwriting as that of the manuscript of tn
| editorial, "Lying and Sticking to 1t, +" pub
lished in Truth. The editorial, it is admit
| ted, was written by Philip.
The defense called Andrew Mclean. ID
testified: | am manager of the Brooklyn
Eagle, and have known Mr.. Philip twelv
years. | know his handwriting well, as dur
| ing these years he and [ have been working
| in the same office. 1 have seen him write
almost daily. | now see for the first time
the original Morey letter and envelope, ant
| from my knowledge of MIR. Philips handwrit
| ing | have no doubt whatever but that it il
not in the handwriting of Philip. He has moi
been in the habit of spelling companies in the
way it is spelt here. l must have editee
nearly LOCO columns of Mr.. Philips matter
and have never known him to spell such
words in that way. have been editor Of
the Eagle for eight years, and during that
| time James McDermott was never on the
| paper. l know his reputation, and would
| not believe him under oath, if there was any
temptation for him to testify.
James Gordon, member of the Brooklyn
Eagles staff, and engaged with Philip in COM
pllatlon OF dramatic work, testified: L am
positive the Morey letter is not in Mr.. Philips
handwriting. l never knew Mr.. Philip to
spell the plural of words ending in 6 les u
"ys," as companies is spelled james
McDermott's character for veracity is not
good.
Frederick Churson, also of the Brooklyn
Eagle gives similar testimony.
William S. Harvey, q graduate of Oxford
University, England, and fourteen years the
associate of Mr. Philip in editorial work, tes-
titled: The Morey letter and envelope are
not IN Philips handwriting. know James
McDermott, and while I have been on the
Eagle have not known him to be a reporter
on it. l would believe him under oath if
there was half dollar one way, and would
not believe bin under oath if there was dol
lar the other.
Several proof readers and the city editor OF
the Brooklyn Eagle testified that the Morey
letter was not in the writing of Philip.
John |. Davenport testified that Mr.. Lane
gan, a private detective, first gave him the
editorial manuscript of Lying and Sticking
to It." He didn't say where he got it, nor
did witness pay him for it.
CrosS-examined-I never attempted TO
steal or get possession of the Morey letter in
any way. Had only been in Truths Office
once in month, and then at the request OF
Mr.. Post.
Two Lynn workmen testified that they
knew of the organization named the Em-
D4OJSto u LIOt, OF SOLlSbhl13 ike GldD, DuU
knew little or nothing about it. The defense
attempted to show by witness that General
Garfeld's vouchers for pay in Washington
were in the same hand as the Morey letter,
but it was ruled out as incompetent testi-
mony. The testimony of w. @. Cotton was
first ruled out, but finally received, when it
should be shown that it contradicted Mr..
Gaylor's testimony. Cotton showed en-.
velopea which he had received, and which had
stamps on, In spite of Mr.. Gaylor's claim
that such letters were not so stamped. The
prosecution claimed this evidence contra
dicted nothing, because Gaylor's testimony
only related to letters from Washington to
the East.
George Timpson testified that he consid.
cred Garfelds signature and the Morey letter
in an identical hand.
CLOSING PROCEEDINGS IN THE PHILIP CASE.
New YORK, October 31st-In the prelim.
mary examination yesterday in the case q
Kenward Philip. charged with criminal libel
upon General Garfield. in connection with
the publication in the Truth of the Morey
letter, the reporter omitted the fol. wing and
closing part of the proceedings:
Mr.. Brooke called Kenward Philip. Mr.
Philip made his way through the crowd OF
spectators, amid o sensational murmur, to the
witness stand.
Judge Davis-Is there any prospect Ct
closing tonight? | am completely exhausted.
i.r. Howe-Wil your Honor permit me to
ask one single question-one only? Whether
or not he wrote that letter!
Judge Davis-If you begin l would rather
you would so on until II o'clock.
MIR. Howe-I do hope that your Honor will
permit me to ask one question = that enc
question.
Judge Davis-If you dc, we shall go on.
Mr.. Howe-Oh not if your Honor is ex-
hausted. We cannot go on with that sug-
gestion from your Honor; but we should
very much like to ask the question.
Mr.. Straightforward no; not if we are
not to go on.
Mr.. Howe-Why should you object to our
asking it?
Mr.. stoughton-Why should you wish to
ask it?
Mr.. Brooke-For the very purpose that we
desire to it before the country, which you don't
desire to do. The onus is upon us in this
case, and is cast upon us by the other side.
But upon your Honors intimation, which is
perfectly in accordance with what might be
expected from sitting SO long in this atmos-
phere we of course cannot go on. [ sympa-
thize with your Honor's condition, inasmuch
as it is my own, and with my colleagues /
consent to an adjournment of the case with
out the answer of witness.
Judge Davis-Don't understand me as
asking anything of the kind; but if you
commence you must proceed.
Mr.. Brooke-We have certainly the
greatest indisposition to proceed under you,
Honor's intimation of your condition
Surely no injury can come by asking this de,
PENDANT one single question, and deferring hi:
examination on other matters until Monday
morning. L submit that your Honor car
consent to that portion of it at least.
The Court-You may proceed, sir, if yor
desire.
Mr.. Pryor-It is the unanim Gus decision Of
gentlemen on this side, notwithstanding oul
great desire to proceed, that we shall not pro
coed.
The Court prefer now, 80 far as l an
concerned, that you should proceed.
General Pryor-We should not proceed
now unless we are ordered to go on.
By this time MIR. Philip had been sworn
and was on the stand.
The Court-While will not order the pro
ceedings to be continued, still it is nay desire
that it should go on.
Mr.. Howe-No, sir.
Further examination was adjourned till
Monday morning.
JEWELL FALLS INTO A TRAP.
New YORK, October Both. = Barnum's
Committee has telegraphed to many news
papers in California and elsewhere an aft
davit, signed by the minstrel Joseph Hart
with letter of Marshall Jewell to Garfield
for the purpose of charging Jewell with at
tempting, by bribery, to suppress proofs OF
the genuineness of the Morey letter. Jewell,
being interviewed, denounces the affidavit as
tissue of falsehoods, and says his letter to
Garfield, which was perfectly proved in itself,
was secured by Hart through arrant trickery
for fraudulent purposes, or the betrayal Of
confidence on the part of Harris attorney,
Judge Dittenhoffer, who is an active German
Republican and the first speaker to take the
Republican stump in this campaign under
the auspices OF the National Committee, en-.
Toying the fullest confidence of Jewell and hi:
associates. On Tuesday Dittenhoffer told
Jewell that he had been attorney for the
Truth newspaper since its organization, and
as such attorney desired to arrange an H.
terview between Jewell and Hart; that Hart
and his associates, while protesting to the
public to believe that the Chinese letter was
genuine, were in fact convinced to the con
trary aud that it was forgery, and had pro-
posed to make retraction of the charges al
ready published. Jewell believing such re.
traction by the paper. ore of whose editors
|