Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-10-29
IN COURT.

Morey Letter Demanded Tho Pro-
prietor Of Truth Arrested for Contempt
"A Subpoena to be Issued for 9arneid-
The Proceedings in Detail.
New YORK, October :S.-The proceed.
inys i'm the case OF ken~ard Phlip,
charged with malicious libel upon Gen
Garfield, attracted large crowd OF peo'
ple to the general term room OF the SUI
preme Court this morning. Judge
Davis occupied the bench. and there
was a full array of counsel on bot sides.
Assistant District Attorney Bell, Tor
the people, called as the first Witness
Col. 4. +. Rockwell, Of the u. :. army,
Washington. lie testified that he hal
known General Garfield for twenty.
seven wears; was his Classmaic, AMI
graduated with him at college; IN hrs
extensive correspondence with Garfield.
more than one thousand letters hal
passed between them; witness WAS,
therefore, perfectly familiar with Gar.
fields handwriting. \ lithcgraph Was
handed witness AMI identified 10y him
as the copy of a letter received by him
i'm December from Gen. Garfield.
The Original Letter Demanded
Assistant ll-tric' Attorney Bel! AK
e,l the counsel for the defense II they
had the original Morev letter in CONT
The counsel inr the defense. stated they
did not propose Ia answ'r that question
at present. \ phot"grah Of ihc letter
i'm a Gilt frame was handed ~ 10y the de
Tense. Fell declined Ia receive this and
again ca led iur the original IN order,
that he nj .ht rxamin" Col. Rockwell IN
regard 10 IL. Counsel for PHILIP stated
the original letter Was not IN The pos
session oi their client. but Mas held by
Mr.. Hart, publisher oi Trmh. The
latter WAS IN court AMI wa5 called 10 the
stand. Mr.. Hart said Lc had not the
original NJ, rev letter with him; II Wa
in the po-s, ssion Of n friend. an! he lie
clincd To give his name He couldn't
procure the letter, ~ his friend WAS out
Of town.
Mr. Hart IN Contempt
Mr.. Bell demanded the name OF the
party TO whom the letter had been dc.
iiyered, but Mr.. Hart refused Ia answer.
The Court ordered him to answer,
but he again, in respectful tone, de-
clincd.
Judge Davis then ordered him CON-
mittel for contempt Of court, and he
was handed over IL the custody Of Police
Captain Walsh.
Mr. Howe, al the counsel for the dc
tense, made a motion 10 purge Colonel
Hart of the contempt, saving that he
was willing To produce the letter, but
that he wanted guarantee that the let.
ter would be returned to him. Mr..
Howe explained that he did not mean
the court would keep the letter, but that
il might pass into suborlina.. hands,
and he lost. Continuing, Mr.. Howe
said il the letter was to remain in the
custody of Judge Davis, Col. Hart was
willing to produce il.
Judge Davis said that the letter would
remain in his custody.
Garfield eaid TO Be in Town
The counsel for Hart has prepared n
subpoena directed johannes A. Garfield.
commanding him to appear and testify
ut the investigation this evening The
counsel claims that Garfield il at the
Windsor Hotel, though not registered.
On motion, Col. Hart was allowed
three hours 10 go with counsel and pro.
cure the letter. Hart made the sta'e.
ment that he was willing to produce the
letter, but that he wanted a guarantee
that il would be returned 10 him or else
kept in the custody Of Judge Davis. The
proposition was agreed to, and Hart and
cousel then left 10 get the letter.
Rockwell Recalled.
Mr.. Rockwell was recalled and asked
az TO the identity OF the letter written
by Garfield to Marshall Jewell denying
the authenticity OF the Morey letter. He
said the Garfield letter 10 Jewell was
genuine.
Question by Mr.. Bell-IOok at the
copy Of the newspaper called Truth and
also the copy dated the 10Th. Look at
the photo-lithographic copy Of the letter
purporting to be signed by J. A. Gar.
field and state il in your judgment II 10
in Gen. Garfield's handwriting.
Mr. Brooks, for the defence, objected
to the question as q comparison was
made with the Photographic copy and
no. With the original, which would be
produced.
Judge Davis ruled that the evidence
was premature AZ no proof had been
given: that the fac ,imiie was q photo.
graphic copy and that the prisoner had
not as yet been connected with il.
Recess Was then taken.
A Witness Who obeys Orders Strictly.
Court reassembled at 2:3O. At seven
minutes 10 3 O'Clock, Mr.. Hart and coun.
Gil entered the court room. Hart apollo
giIed for OBTAINING the court, saying he
had been delayed by an indictment in Q
State court for libel on complaint OF
Marcus Cicero Stanley. Hart then took
the witness stand and produced the let
ter. Bell asked for the envelope. Hart