The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-08

*.ssR- ularity of the indict
ment will issue a GRIM
Charles A. Dana inal warrant for the
arrest of Messrs. Dana and Latin.
The Commissioner also fixes the
amount of bail. The accused have the
right of applying for writ of habeas cor
pus to contest the prima facle sufficiency
OF the procedure before being arraigned
on the merits OF the indictment. 1t is ex-
pected the transmission of the indictment
to New York and the arrest of the two
accused will be accomplished within a day
or two.
The Indictment, as returned, contains
three counts setting forth different circum-
stances of criminality on the publishing of
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 indictment sets up the circumstances
and motives leading up to them. 1t states
that the Associated Press is an incorpor-
ated news agency for the wide distribution
of news. with branches in New York, Chi
cago, Washington, 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 Will
liam a. Latin as vice-president. Mention
is made of the two rival associations to
show the animus of the subsequent acts
charged against Dana and Latin. 1t also
criU 10 min IF ha
and Publishing Association, with Charles
A. Dana as editor and William A Latin
publisher. The three counts of criminal
libel are then given. The first count states
that on February % last the New York
Sun published an editorial, from which
following is an extract:
The corporation (meaning the Associated
Press is organized under the Illinois State
law, and the provisions of the statute respect
ing the personal liability of directors are anus
ing. 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 direc-
tor as +. B. Noyes of Washington, for instance,
refund to them the amount of the extra assess
ments out of which they have been bunkoed.
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 300 copies of
the paper to Washington and thereby pub
lished 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.
The second count refers particularly to
+1o,@
ton. The third count is general in terms
accusing Dana and Latin of composing
and publishing a criminal libel without
specifying the sum or detailed circum-
stances of the charge. The first count is
the most specific and gives the gravamen
of the charges on which the Grand jury
acted.
Besides the foregoing there are features
of libel set forth and there is the usual for
NAL and severe language of the law in
specifying an allegation of crime The
proceedings have been under the direction
of District Attorney Birney also, he has
assigned Assistant District Attorney Tag
CART to conduct the case before the Grand
Jury. Being criminal and not a civil
case, the prosecution is conducted by the
public officers as an offense against the
public rather than as against an individ-
ual, the theory of the law being a libel
against Mr.. Noyes or any other citizen is
an offense against the peace and quiet of
the community to be prosecuted in the
same manner as any other disturbances of
the public peace.
When the warrants are issued Messrs.
Dana and Latin will have three courses
open to them. They may submit to ar
rest and decline to give bail, in which case
they will be brought to Washington to
stand trial. If they give bail it will insure
their coming to Washington at the time
the case is called in the United States
court. In the meantime they may test the
sufficiency of the face of the indictment,
without going into its details by applying
for writ of habeas corpus. The action of
the Grand Jury in indicting Messrs Dana
and Latin will undoubtedly add another
celebrated case to theannals of American
criminal law. While the indictment is one
in behalf of the public against the libelous
course of Mr.. Dana and his coadiutor, Mr..
Latin, yet it incidentally protects the
reputation of Mr.. Noyes and others who
have been maligned by this source. 1t is
assumed these persons are willing to at
tempt to justify in court this publication
against Mr.. Noyes, and such an effort at
justification is welcomed. 1t is fitting that