The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-03-08

WAsHISdToS, March Tho grand
jury for tho supreme court OF tho Dis.
trict Of Columbia has returned an in.
diciment for criminal libol against
Charles A. Damn, editor, and William
NJ. LaiTan, publisher Of the New York
Sun. Tho prcscntmcnt was formally
made TO Judge Cole, presiding, by the
foreman OF the grapd jury to-day. 1sia
Il formidable docuiV Vcnt OF many pagos.
setting forth tho malicious motives Of
Mossrs. Dana and LliInn in criminally
libelling Frank L. Noyos, Of Wash
ington, treasurer OF tho Evening Star,
aud ono OF tho board OF directors and of
the executive committee OF tho Asso-
ciatod Pros. Tho District supreme
court is United StatA 3 court, and nc
cording to the procSipFo OF such courts.
District Attorney Birney will transmit
certified copy OF tho indictment to the
district attorney for the southern dis
trict Of New York, located at New York
city. 1t will be submitted to United
States commissioner, vino, on satisfying
himself Of the formal regularity OF tho
Indictment, will issue criminal war;
ran. for the arrest OF Messrs. Dana and
Lu,Tan.
Tho commissioner nlso fixes tho
amount OF bail. The accused have the
right OF applying for q writ OF habeas
corpus to contest the prima facie sutfi-
ciuncy OF the procedure before being mr.
raigned on the merits OF tho indictment.
1t is expected that the transmission OF
tho indictment to New York and tho nr-
rest OF tho accused will bo accomplished
within day or two.
Tho Indictment. rs returned. contains
three counts, setting forth different de-
grees and circumstances OF criminality
in publishing the libel.
The first count Is very comprehensive.
It states tha. on February % last the
New York Sun published an editorial
from which the following is al extract:
''The corporation Lmeaning the Asso.
ciated Press is organized uuder the III
inois state law and the proviaions OF tho
statute respecting the personal liabili-
ty OF directors are not amusing. We
commend careful study OF them to the
unfortunate newspaper men who have
been roped in. They may see their way
to making such thoroughly dishonest
director as +. B. Noycs, OF Washington,
for instance, refund to them the amount
Of the extra assessments out OF which
they have been buncoed."
The indictment, after stating tha. the
foregoing libel was circulated in New
York city, charges also that on tho
same day Messrs. Dana and Ladau
sent three hundred copies OF the paper
to Washington and thereby published
the libel in Washington. The two &C.
cused are charged with full knowledge
OF what appears in tho editorial columns
of their paper and with responsibility
for. the samo. The second count refers
particularly to the publication OF tho
libel In Washington. The third count
is general in terms, accusing Dana and
LaiIan OF composing and publishing 8
criminal libel. without specifying the
Sun OF. other detailed circumstances of
the charge. Tho first count ia the
most specific and gives the Gravamen
ofthe charges on which tho grand jury
acted.
Besides the foregoing there are other
features ot-libel set forth, and there is
the usual formal and severe language OF
tho law in specifying al! allegation OF
crime Tho proceedings have been un-
dor tho direction OF District Attorney
Birney. although he has assigned As
ss!stant District Attorney Taggart tc
conduct this and other case. before the
grand jury.
Being criminal, and no. civil case,
tho prosecution is conducted by the pub
lie officers Ms an efonse against the pub
lie rather than against m individual 4
the theory OF tho law being that libel
against Mr. Noyos or any other citizen
Is an oI!onse against the peace and
quiet Of the community, to bc prosecu-
ted in tho samo manner rs any other
disturbance OF the public peace.
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