St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-08
DANA IN The TOLLS
New York Suns Office Cat
Must Have Broken Loose
Lately.
CRIMINAL LIBEL CHARGED.
Editor and Publisher Both In
dieted by the Grand
3 Jury.
CRIMINAL LIBEL CHARGED.
OUTCOME OF A LONG FIGHT
Between the Associated and
United Press--Mr. Noyes
Complainant.

. anu JQt lOl ltlS oQPtSHlC SOQIt VI
the District of Columbia has re-
turned an Indictment for criminal
libel against Charles A. Dana, editor,
and William M. Laffan, publisher, of
Athe New York Sun.
( The presentment was formally
shade to Judge Cole, presiding, by the
foreman of the jury today. 1t is a
formidable document Of many pages,
setting forth the malicious motives
1of Messrs. Dana and L4atran in GRIM
inally libeling Frank b. Noyes, Of
Washington, proprietor of the Even
Ing Star and one of the board of di-
erectors and OF the executive COM
district supreme court is a United
States court, and according to the
procedure of such courts, District
Attorney Bierney will transmit a GER
titled copy of the Indictment to the
district attorney for the Southern
district of New York, which Is locat-
ed in New York city. Il will he
submitted to United States COM
missioner, who, on satisfying him
Self of the formal regularity of the
Indictment, will issue a criminal
warrant for the arrest OF Messrs.
Dana and Laffan. The commissioners
also fixes the amount Of bail.
The accused have the right Of ap-
plying for a writ of habeas corpus
to contest the precise sufficiency of
: che procedure before being arraigned
IN the merits of the indictment. 1t
IS seexpected that the transmission of
the Indictment to New York and the
arrest Of the accused will be accom-
plfshed within a day or two.
THE INDICTMENT
- returned contains three counts,
Ssetting forth different circumstances
sof criminality in publishing the libel.
The proceeding is according to the
common law, which, as modified by
certain acts of congress, constitutes
the Jurisprudence of the District OF
Columbia. Before specifying the
three criminal counts, the indict-
nent sets up the circumstances and
motives leading up to them. It
states that the Associated Press is
an incorporated news agency for the
wide distribution Of news, with
branches IN New York, Chicago, st.
Louis, Washington, San Francisco
and throughout the country. It's af-
fairs are conducted by board of
directors, Of which Mr.. Noyes is a
member. The Indictment then states
the internal organization of the Unit
ed Press, with Charles A. Dana as
president and William Laffan as vice
president. Mention is made of the
two rival associations to show the
animus OF the subsequent actions
charged against Dana and Laffan.
1t also gives the organization of the
Sun Printing and Publishing asso-
ciation, with Charles A Dana as
editor and William M. Laffan as pub
Usher.
The three counts Of criminal libel
are then given. The first is very
Feb. % last the New York Sun pub
lished an editorial from which the
following Is an extract:
THE LIBEL.
THE corporation (meaning the As
sociated Press is organized under the
Illinois state law, and the provisions
of the statute respecting the personal
liability of directors are not amusing.
We commend a careful study of them
to the unfortunate newspaper manag-
ers who have been roped in. They may
see their way to making a thoroughly
dishonest director, as F. B. Noyes, of
Washington, for instance, refund to
them the amount of the extra assess
ments out of which they have been
buncoed."
The indictment, after stating that the
foregoing libel was circulated in New
YORK city, charges also that on the
same day Messrs. Dana and Laffan
sent 300 copies Of the paper to Wash
ington, and thereby published the libel
IN Washington. The two accused are
charged with full knowledge of what
appears in the editorial columns of
their paper and with responsibility for
the same
II ne second count refers particularly
TO the publication of the libel in Wash
ington. The third count is general in
terms, accusing Dana and Laffan of
composing and publishing a criminal
npei without specifying the Sun or 9TH
er detailed circumstances of the
charge. The first count is the most
speclfc and gives the gravamen of the
charges on which the grand jury acted.
BESIDES the foregoing there are other
FEATURES of libel set forth and there is
the usual formal and severe language
OF the law in specifying an allegation
OF crime. The proceedings have been
under the direction of District Attor-
ney Bierney, although he has assigned
assistant District Attorney Taggart to
conduct this and other cases before
the grand jury. Being a criminal, and
not a. civil case, the prosecution is
conducted by the public officers as an
onense against the public rather than
as against the individual, the theory Of
the law being that libel against Mr..
Moves or any other citizen is an Of
tense against the peace and quiet of
the community, to be prosecuted in the
same manner as any other disturbance
OF the public peace.
When the warrants are issued Messrs,
Dana and LafYan Will have three
courses open to them. They may sub
NIT to arrest and decline to give bail.
in which case they will be brought to
Washington to stand trial. If they
give bail 1t will insure their coming to
Washington at the time the case is
called in the United States court In