The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-03-08
THE INDICTMENT OF DANA
Facts Contained in the Information
Against the Newspaperman
The Libel Set Out in the Indictment in Three
Counts-circumstances of the
Criminality

Washington, March 1.-THE grand jury
of the Supreme Court for the District of
| Columbia has returned an indictment for
criminal libel against Charles A. Dana,
editor, and William Latin, publisher of
the New York Sun. The presentment
was formally made to Judge Cole, presid-
! ing, by the foreman of the jury today.
| 1t is a formidable document of many
pages, setting forth the malicious motives
of Messrs. Dana and Latin in criminally
libellng Frank B. Noyes, proprietor of
the Washington Evening Star, and one of
the board of directors and of the execu-
tive committee of the Associated Press.
The District Supreme Court is United
States court. and according to the proceed
ure of such courts District Attorney
Birney will transmit certified copy OF
the Indictment to the District Attorney
for the Southern District of New York,
located in New York City. 1t will be sub
mltted to a United States Commissioner,
and on satisfying himself of the regular
ity of the indictment, will issue a criminal
warrant for the arrest OF Messrs Dana and
| Latin. The Commissioner also fixed the
amount of bail. The accused have the
right of appealing for writ of habeas
| corpus to contest the prima facie
| suficiency of the procedure before being
| arrigned on the merits of the Indictment.
1t is expected the Transmission of indict-
ment to New York and the arrest of the ac-
cused will be accomplished within day
Or two.
The Indictment as returned contains
three counts, setting forth different cir
cumstances of criminality of the publish
ing of the libel. The proceeding is ac-
cording to the common law which, as
modified by certain acts of Congress. con-
stitutes the Jurisprudence of the District
of Columbia. Before specifying the three
criminal counts the Indictment sets up
the circumstances and motives leading up
to them. 1t states that the Associated
Press is an incorporated news agency for
the wide distribution of news, with
branches in New York Chicago, Wash
ington, st. Louis, San Francisco and
throughout the country. Its affairs are
conducted by board of directors, of
which Mr.. Noyes is a member
The Indictment states the international
Organization of the United Press, which
has Charles A. Dana as president and
William A. Latin as vice president. Men
ton is made of the two rival associations
to show the animus of the subsequent acts
charged against Dana and Latin. 1t also
gives the organization OF the Sun Print
ing & Publishing Association, with Charles
A. Dana as editor, and William A. Latin
as publisher. The three counts of criminal
libel are then given. The first count states
that on February 22d last, the New York
Sun published an editorial. from which
the following is an extract:
The rporation-meaning the Asso-
ciated Press-is organized under the Hi
nois state law, and the provisions of the
statute respecting the personal liability of
directors are amusing. We commend a
careful study of them to the unfortunate
newspaper managers who have been roped
in. They may see their way to making
such thoroughly dishonest director as
+. b. Moves of Washington for instance,
refund to them the amount of the extra
assessment 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 Latin sent three
hundred copies of the paper to Washing
ton, 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 crime.