Daily Republican., 1880-11-15

y MenwaFd Phifp Mssd to Answe
Is BOGh Charges - 5UoEo Dayhl
+ Optnisn In tho Mercy Letter Caa
He says 10 ss . Forgery, ihas 4
SHOWS . 0Fons Conspiracy TO ne
sOmpIish . Baafonas OrlnAe-
e Hewitt Chirny Eiaunsa.
On Saturday, Judge Davis delivers
. lengthy opinion in New York in tn
case Of the people against Ksnwart
Phiip, charged with criminal libel OF
General Garfield. The accused, hil
Honor says, Ia charged with tive Of
fences: First, .hst he wrote the 30
called Aorey letter, couistsr fsiting th,
signature Of General 0aYisld thereto
aad second, that after General Garfield
made public denial Of having written
the letter, accused wrate an editorial
headed "LFipg and Sticking TO It," and
asserted that General Garfield wac 4
liar in denying the authorship OF II.
| It is apparent, his HonSr says, that NO
such person IS Henry L. Morey existed
at Lynn, Msss. Tie igtter he also holds
is unquestionably forgery, and not in
the handwriting Of General Garfield.
The question OF the gait or innocence
of Philip must be left 10 . Jury to deter
mine. Ths defendant is held to answer
the charge Of criminal libel, and must
be committed or give bail.
OF Mr.. Hewitt's connection with the
letter the Court said:
However much an equitable division
may leave for others, upon Mr.. Hewitt
must rest the larger share OF the re-
sponsibility for the frat publication Of
the base aud shameful fsrg cry; and his
subssqvent relations 10 All forgery do
net lit single shadow from his con.
duet. He was msmbsr OF the Nation
al committee. He doubtless knew the
extsat and purposes TO ssd for which
it was taken aud used by that commit
tee, and that 1t went forth to the eoun-
ltry with the sEncsi0n OF his indorse.
neRt. He knew bsyoAd question that
II met speedily wish the Indignant dc.
nial Of Gen. GaTdsld, who denounced
the letter as "bsse and pid forgery,
its sentiments us brutal"
Under our statutes the uttersr of q
forged instr unent with knowledge Of
Its f4lsity Ia placsd in the sAus rank CT
oriminality with the torgsr. Had the
subjsc Of the forgery in this case been
instruments in purporting 10 be Obliga
tions Of Gen. Garaeld, and he had pu6.
liely declared them to be fDrgsries, who
could Shsrsaiter send them forth and
circulate them throughout the oommn-
nifty with his representation Of genuine
ness without incuripg the penalties Of
the lawi the difference is purely statu-
tory, and in moral for an wholly van.
iskeS.
The court further said: Ny miEd
has reached the clearer conviction thai
the 80 called Moray latter, in body,
signature and Sil Its psrtS, Is not in
the handwriting Of General Garfield,
but is together forgery, perpetratea
by some person or body of persons for
the purpose Of deceivinglSas people and
defrauding them and Generas Garfield
Of their votes. The evidence bearing
upon Philips guilt or innocence Of the
forgery is voluminous and would de-
mand 8 careful analysis. Taken in
connection with other evidence In the
case 1t tends 10 establish grave con-
splrsoy to accomplish national crime.
The conspiracy points to msn in other
quarters and Of far higher positions Of
whom he may have baen an aecomplice
or only the dupe and tool. II is te!tes
therefore, that the question Of the
actual gull! Of the forgery be let to the
consideration Of a jury, before whom
additional and perhaps more decisive
evidence may be brought. 1t must be
the wish Of all honorable minds that
this ease will lead net only to the dis
cevery and exposure Of the guilty, bu.
to tho enactment Of laws whioh will
prevent or severely punish offences OF
this character.
Whoever the guilty party in this case,
right-thinking men everywhere must
look upon the 40. ss an appalling crime,
wholly at war with safety and sanctity
Of popular government. Fortunately,
no committee and NO body of men hold
in their land the conscience Of the peo-
pie, and no party fealtV is strong
enough to intercept ths ssntencs of o0n-
demnation which honest men of all
parties must pronounce upon such
gnilt. The men nost criminal In this
case may not be- reached by the hand
of justice, but they will find NO party
willing to bear and share with them
| ;,,e4 If - nfoV anI
that awaits them. As they have fail
I'd In their guilty purposes, so will
they fail in securing the approval eV'
en- of them for whose success they have
done the guilty work. 1t will be small
consolation to know that they have
gained by the forgery few uEeless eco,
toral votes, melted an inturia'ed to
mob the murder OF few unoffe nding
human beings, and csuEet few Of their
own agents to suffer for perjurieS and
misd0m eanors. The defendant ia held
to answer upon the charge Of criminal
libel, and must lie committed to give
bail for his appearance to answer any
indictment that Ray be found against
him"
At the close of the reading Of his
opinion, which was heard with pro
found attention, Mr.. Roger A. Pryor
asked In what sum the prisoner would
be bailed. The Judge said the amoant
of bail would be the same as in the
first instance-S5, ,0O0--and he would
sceept the same b0ndsmen.
state of tue Finer mOLHeeor
az thu REPUBLICAN office. on Monday