The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-08
FOR CRIMINAL, LIBEL
NEW YORK SUNS EDITOR AND PUB
Usher IkDIcrED.
Outcome OF Article Written by
Dir. Dana Rejecting ON Frank
Il. Noycs, Of Washington.

lt0T. ana William M. IsdiLdHs puDflSAer, OF
the New York Sun. The presentment was
formally made to Judge Cole presiding. by
the foreman Of the grand jury to-day. Il
is a formidable document Of many pages,
setting forth the malicious motives of
Messrs. Dana and Laffan In criminally libel
ing Frank b. Noyes Of Washington. treas
urer Of the Evening Star and one of the
board of directors of the executive commit
tee Of the Associated Press. The District
Supreme Court is United States court,
and, according to the procedure of such
courts, District Attorney Birney will trans
init a certified copy of the indictment to
the district attorney for the Southern dis
trict of New York located in New York
city. 1t will be submitted to a United
States commissioner, who. on satisfying
himself Of the regularity OF the indictment,
viii issue a criminal warrant for the arrest
of Messrs. Dana and Laffan. The coIsl-
missioner also fixes the amount of bail. The
accused have the right Of applying for a.
writ of habeas corpus, to contest the prima
tacie suficiency of the procedure, before be-
Ing arraigned on the merits of the indict-
ment- 1t Is expected that the transmission
of the indictment to New York and the
arrest of the accused will be accomplished
within a day or. two. The Indictment, as
returned contains three counts, setting
forth different degrees and circumstances Of
criminality in publishing the libel. The pro-
ceeding is according TO the common law,
which, as modified by certain acts of Com
gress. 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 Incorporated
news agency for the wide distribution Of
news. with branches in New York, Chica-
60. Washington. st. Louis San francisco
and throughout the country. Its affairs are
conducted by q board Of directors, or which
FIR Moves IL q member. The indictment
then states the internal organization of the
United Press, with Charles A. Dana as
president and William 81. Laffan as vice
president. Mention il msde of the two rival
associations to show the anmus of the sub
ssenuent a a1s charged against Dana and Laf-
Sun Printing and Publishing Association,
with Charles A. Dana editor and VIII
liam Laffan as publisher.
DANA'S CHARGE AGAINST MOVES.
The three counts Of criminal libel are
then given. The first count is very compre-
hensive. 1t states that on Feb y, last, the
Now York Sun published an editorial from
which the following is an extract:
THE corporation fmeaning the Associ-
Eted 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 careful
paper managers who have been roped in
They may see their Wav to making s,,cL
Soys Il a.
sssssnent, out q which they have - been zen
The Indictment, after stating that the
foregoing libel was circulated iii New York
AIessrs. Dana and Laffan sent 800 copies OF
ihe paper 70 washington and thereby pub
c lsed the 6e u Wash ASH yi, The two ac
what appears In the editorial columns of
their paper and with responsibility for the
same. The second count refers particularly
TO the publication of the libel in Washing
ton The third count is general in terms.
and publishing a criminal i' libel Without
specifying the Sun or other detailed cir
Is the most spe ra ana riye ns th rst roTnt
men men o. ct me charges On which the grand
there Isl the usual formal and severe Ian
gqqage Of the law in specifying an allegation
The. proceedings have been under the
direction Of District Attorney Birney, al
Attorney Taggart to conduct this and other
crses 9efor G the grand jury Being
as an offense against the public rather than
2, as against an indiyidual, the theory Of the
law being that q libel against Mr.. Moves or
peace ss e.. and nt, quiet Of the community, 70 be
other disturbance of the public peace.
When the warrants are issued, Messrs
open TO them. They may submit to arrest
they, viii be brought 70 Washington ITO to
stand trial. III they give bail 1t will insure
their coming to Washington at the time
the case Is called in the United States
sufficiercy of the face Of the Indictment
without going into its details. by applying
Tor writ OF habeas corps.
WILL Be A EELEBRKTMD CASE
THn ar 1,n nh
Messrs. Dana and Laffan viii undoubtedly
add another celebrated case to the annals
or American criminal law. While the i'm
dictment IL one IL behalf OF the public
against the lbeious course of Mr.. Dana and
his coadjutor MIR. Laffan. yet it Incident
ally protects the reputation OF Mr. Noyes
and others who have been maligned by this
source. 1t Is assumed that these persons
are willing to attempt to justify in court
this publication against Mr.. Moves and such
an effort at justification Is welcomed 1t
IL eminently fitting that the case should be
tried In Washington, where Mr.. Moves was
born and has always lived, and where his
reputation is best known. Ut has been
source of gratificat ton 70 Mr. Moves and
have risen above the bad feeling engen-
dered BY the contest between the Asso-
GATED Press and the United Press to Sc
verely Ichuke the Suns attack This has
been particularly noticeable at Mr. Noyes s
N0AAE kANkt III W dSHfIEtG1. MnGrG the two
United Press papers--the Post and News
have taken occasion to express their high
regard FOR him and. their contempt for Mr.
Dana'E libel
The Washington Post. In a loaded edi-
torial deplores the violent and rancorous
controversy and the unfortunate tone and
temper of the New York Sun. 1t says Of
the sun editorial of Feb p. that Mr..
Noyes is one Of the directors OF the As
ISOLATED Press, and as such had incurred
] the anifmosity or the sun 1t adds I'VE
are very sure, however, that the Suns ac-
cusation against him will not bear in
quiry and fer our part. we take pleasure
I'm saying OF a fellow-townsman albeit d
competitor in business. that no one who
knows him n we'll az we do viii be in the
least disturbed by the Suns extraordinary
attack
The Washington News also United
Press paper. speaks OF Mr. Danas pro-
pensfty for saying "a bitter thing now and
then for the pleasure of saying it, and
adds. THE business Integrity of Mr.
Moves has never been questioned by those
Who know him best
The Washington Times also editorially
referred TO Mr. Noyes's high character and
depiored the walls of billingsgate Of the
SUM- Similar expressions have come from
papers throughout the country.
---
MIR. DANA'S EDITORIAL.
Part or the Article Containing the
AlIeEeI LibeIous Statement.
The editorial that caused the Indictment
or MaSSrS Dana ard "A ffa,, x,,;r+ays a..