The sun., 1895-04-07
NGY YES-DiNl LIBEL Case.
Franklin Bartlett's Plea for the
Liberty of the Press.
ANIMus OF THE PROSECUTION.

ANlMuS uf tHE thuSEGuIIuN.
when tho statute Under witch che War
rant OF Removal Was Demanded Was
Enacted by Congress the Very Question
mt Issue Was discussed. aud N Senate
Committee Composed OF the Abicst Law.
ycrs In the Country Reported that II Was
Not Intended and Did Not Permit the
Extradit,on OF Citizen. OF Other States
In Cases OF Libei-Thc Proceeding Was
Therefore IA Clear Violation OF the Intent
OF the Statu.r-Ex-Judg, Jcre Wilson
Concludes the Argument for tho Defence.
The argument on tho np2icat.on for a warrant
OF removal To take Charles a. Dana, the editor
of THE Sun, TO Washington TO be tried on an in-
dict>ncnt for libel procured there by Frank II.
Noyes. n citizen %. Maryland, vas concluded
yesterday so far as the defence was concerned.
1t occupied the entire dny until o'clock in tho
United States District Court. Judge Addison
Brown presiding. The whole case might have
been completed but United States District At
torney MacFarlane. who made the application
for tho warrant. pleaded for time in which to
prepare additional arguments. lie insisted that
he could not 20 on. and an adjournment was
taken until tomorrow afternoon at o'clock.
Tho better part of the day was occupied by
Mr. franklin Bartlett of counsel for Mr. Dana.
He explained the aninus of the prosecution
begun by Mr. Noyes. The prosecution, he in
sisted violated no less than four sections of the
Constitution of the United States. Particularly
was it an attack on the liberty of the press and
an attempt to abridge that liberty without war
rant of any kind He cinched all the argument
by the production of official volumes of the Com
UcSsiOndl Record containing the arguments mado
in Congress at the time the statute was en-
acted on "h'ch the appiich.'oh ior war
f"h' oi ie,hor" 10 o"se" t.e'" ",s sue9'
W. mefe huue u' i''i"u' Vi '''en ia oons.eos'
mere WAS aiso report Wy SehA'' 'oihh,'t'ee'
oi "h.h senator "u"iunus, i'os.oo S'"A''s'
'.io ""'' uoAe" o'h.'' VI ..io ~o.eo'
VI 'ne va, "ei' 'ne"hoe's oe'.is .o' '.n .n"' ~
in.eh, Vi .ho e'"'u'o was NV " enaoie ."e
o''ns'hs y, ','.Aeno " ""'ii"s,'' " 'o '''e
ioi noei' 'na' !, uiu NV pe,h',' NAV
Oh Tue recoras' he oee'are.' sho"eu 'hA' th'''
hAu never oeen O." a''.inpU o''o'' W AA""' NOV
Vi .n' s'a'"'1 III ,',I. "",, 81 ,
EA-' uoIe 'e'e w Ni"oh ioiioWeu '"f. i'1'''-
nc lhaae tne poht ciear 'nae ioei eouo po0 10
Atr'me "ea'ha. '"e .h,'e' "'"'e' e'en III '"'
Dls'r'et oi .o'u',ipih' oeeuuse eo'h'non in"
oheh.es afe p''rreo W 'ho e'.''u.<e me-, "oe''
lha1 Tue oti! o'iehees "sa'hs. .ne Hi'eu 'tA.es
are those oeciareo oy ae' oi 'ohsress, "hu luz
whch punishment Is pro''oeo oy congress-
ne insisted thht iioci WAS ho' crhhe ~ I'll IA
'he p'S'ric' VI 'oiu'non''
Inc case was caiieo az qu"r'er p"'' -
ociock. MI partie'' oes'i'hAis h's a'sunen'
ithheuia.eS. ihere were many 1a"'e,s ia
court. -Ne"spaPers Ill nearly All tne iArRo
| cities Oh Inc country were repfesehteu Ny eorfe-
| sponoeh'' a s'ehosfaphio fepor' io'i'"s'
| MIR. BARTLErT's ARGUMENT.
| Mr.. Bartlctt-If YOUR Honor please, It must
| NECESSARILY he the case that in considering a
question of this kind MANY of the constitutional
| questions which were considered in the learned
and able and brilliant argument of my colleague,
| Mr. Root Yesterday and to which listened
with great adniration-the same constitutional
| questions say. must necessarily bc gone over
| TO a certain extent by me in MY argument
| this morning. and It NAV well be that one arpu.
mept will trench upon the other. But after dis
| cu,sinp IN. nnimus of the prosecution and
| throwing some light upon the article itself
| which contains the alleged libel and after ipdi.
| eating one or two defects in The papers, going to
| show their insufici.ncy-nnd there to some ex-
teet must follow the argument of Mr.. Root
shall merely pass over that matter. because tho
question OF .he suiic'ehey oi inc '''o'c'heh' h~S
oeeh trea'eo 10 upi' anu III 80 eAh,"st''e insn
her py my coieaRue 'haI IL h"H 'oiI 'F'uah9
httie' II anythihg, 10 DE s"d ny me-
shali. theh' cal! the attention OIL your hohor
10 certain cohstltu'iohai guarantees ih'"i'ea Ia
lhe case no" At DAT anu shaii po'hl ou' "nu
ehoeaNof W 'on'ih'o 'no So"'' 'h"t any 'oi
strGct'oh s"oh Us tha' 'oh'ehuea t'i y, n.'
lriehu' the ieurheo nslric' At'oFhey' "ou'' w
ia'ai " theso co"s.i''''oiih' st"' "'ee'' """
would 'irIuai'y iehu u suo'ers'on o' Tue Ioi,
sltntioh. ana then' III ooheiusio'i. ! Snnt
argue az I" Tue meaning oi ''o ,n't,
section OF inc 'ua'c'ur! "c' u i'o' "nen 4
corporalcu ih'o auu maui part u .no az. y.
July 'yi"'o' IN reiefehce " 'No pis',io' y.
Coiumoia' shaii o'scusS W oohSue'ao,o
extent the meaning Vi 'h'' "'' n" h'" "iauo
part OF the Ia" VI lo.a' anu tnen' ~ eo.,-
eiusioh' shi cali 'ile VI
toa eohst'uct'oh' 'enipo' '"'""o .oi'..
tion' OF 'ha' ACT OF 'ha' se'.o ~ 'nauo pa'' y.
that ac'' "h'eh WIN hAhe ~ 'nio'n'oie 'oi ;ou,
Honor of any .oa'' III .'''' COUNTY, :" Nv.
that thero Is any power uhaef 'n,' "e' VI io'
10 remove ING neo's''hkuisnea sent'eu'a" "no'A
have the honor 10 present. INC iioh' NhArIes ~