The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1880-12-09

THE PROSECUTION IN THE FORGERY
CASE PUSHING THINGS.

THE PROSECUTION IN THE FORGERY
CASE PUSHING THINGS.
New York, Dec. 3.--The Grand
Jury in General Session to-day pre-
sented indictments against Samuel
Sullivan Morey for perjury and against
Joseph Hart, Louis A. Post, Kenward
Philip and Charles A. Byrne for pub
fishing in the paper called Truth IL
criminal libel upon General Garfield.
If convicted, the penalty is one year
in the penitentiary and fine of ST.
500. The bail given by Phip after his
examination by Judge Davis was con-
tinued. Messrs. Post and Hart came
to the District Attorneys Office to
give bail This afternoon, but Judge
COwing had gone home, and they
were allowed to go on their own re-
sponsiblity until tomorrow morning,
when they will furnish the necessary
bonds. 1t is probable that now that
MOrey has been indicted for perjury
he will he removed from the House of
Detention to the Tombs. George Bliss
one of the counsel for prosecution,
said, in speaking of the indictments
1--WE are very well satisfied with the
work thus tar done. The indictments
found were all that were asked for of
this Grand Jury. The case is by no
means finished. There are other de-
tails TO be looked after, and these will
be brought to the attention of the
next Grand Jury. Meanw lille the in
dictments already found will be
brought to trial at an early day, GER
tainly some time this month" TO
the question, "Nas there any con
siderable delay in procuring them?"
he answered: NO more than was
necessary. There have been no mis-
takes made by the prosecution. We
have investigated carefully the various
clues and details, and are still en-
gagged in following them up There
will be other developments of an in-
Iortant nature made pubic when the
time comes.' Assistant District AT
torney Bell also expressed himself us
pleased at what had already been ac-
complished. There would" he said,
"be no unnecessary delay in bringing
the cases to trial. Counsel for prose-
cution had patiently gone over the
large mass of evidence and there was
no question but that Il strong case had
been made out against the accused
persons. The indictments against
these men were for forging the letter
purporting TO he written by General
Garfield, and for writing and publish
ing an editorial article accusing
General Garfield of lying when Ire
denied the authenticity OF the letter.
The law o: libel rs applied to this cast
is decided to be very clear. a letter
purporting to be written by General
Garfield was published i'm the truth.
General Garfield denied having writ
ten such II letter The newspaper then
editorally affirmed the genuineness OF
the letter and declared that General
Garfield lied when he denied hav-
ing written it. The burden of proving
the genuinenesS OF the letter then rest cd
upon Truth. Failing to prove this
the persons indicted must he convicted
of libel. The fact that tie indictments
had been found against SO many OF
those connected with the libel occas-
iOned no surprise among those con
veIsant with the facts in the case. 1t
was expected that more would be
found. The reason why they were
not was because counsel for the prose.
cution wished to work up still further
developments which point to Mary
land and Massachusetts,. These de
velopmcnts implicate at least two
members of the Democratic National
Committee, who will probably find il
difficult to explain their actions in the
matter of the forged letter when called
upon to do so in Il court of Justice. II
Is believed that some one who had ac
cess TO the Grand Jury room gave tC
some person connected " it'll Truth the
details of all the important testimony
concerning the Morey letter soon aftel
twas laid before the jurors. An effnr
will be made to prevent this when thl
next Grand Jury meets. Proof of thi
is shown by the fact that one of tn,
counsel for the defense went beior,
Junge Cowing and wished to offer bal
for his clients before the Indictmen
had been presented to the Court. ]
is still believed that Philip was the for
ger.