The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-04-09
THE DANA LIBEL CASE
CONCLUDING ARGUMENT OF DIS
TRICT ATTORNEY MACFARLANE.
He Contends that an Editor Who
Prints Libel May BE Prosecuted

NEW YORK, April S.-The argument on
the application for a warrant of remov-
al for Charles A. Dana, of the Sun, to
Washington where he has been indicted
for criminal libel, on complaint of Frank
Il. Noyes, of the washington Star, was
resumed before Juage Addison Brown, in
the United States District Court. here this
afternoon. AT o'clock Mr.. Dana came into
the court room accompanied by lawyers
Bartlett and Root. United States District
Attorney MacFarlane arrived few Sec
onds later with his assistant NJ. H. Kohler.
When the proceedings began Mr. Bartlett
read from several books to show that the
laws of the United States were to control
the District of Columbia until certain laws
were passed relating to the District itself.
Mr.. MacFarlane began by saying that
when he left the court room on Saturday
evening he understood that from what
counsel for the defense had said that they
were in doubt as to whether. there was
such place as the District of Columbia.
II have nothing to do with the result of
granting this application" said he, .'or
what effect 1t may have the liberty of
the press; whether it will result in dragging
editors from Alaska Portland to Wash
ington for trial. / have nothing to do with
any of these horrible possibilities. There
~ put ohe answer 70 MAKE as TO the no
erty of the press. That is if editors will
cease to use the columns of their papers
for criminal purposes. for gratifying spite
against individuals. there will be no fear
of them being tried in the District of Co
lurnbia or anywhere else Now we are met
with the objection which, If il is well taken,
Section 1914 of the Revised Statutes nor
to remove to the District IF roi,,n1hti. IL ~
lenders or la WI
anprehended in otber distrcts ~ tbe lTnitad
States 81 undersfood Mr. Pont ' to odroit
in sort of tentattvs ,yau thot ~ nu S
of tbe IInitaa at asaiaSu o,e Eemera aWS
ba,in onr,,,;,.S PEI sUns seo VIII
bia nffensas 1vbich ro,id he nffen os ai,,nt
cnumitted n,;gb+ ha $3.50 ne, ~ III
s,octina I0iif and snt ~ ie tt p,t.;et
for trial b,,f in rasnact of the ,ons I;st
IF crimss asonst re tb OF the long msi
~ ciil1eS asauist the local OF munlclpai
law, Mle' is, II De Toooery, arson, rape:
npei OF any OF tne long Inc OF
ln.s.'c,lcaliois, lislt lleIe - no raw Wnalso,
tho ~ Miiach PEI soilS HavHs coliInltteu
,,e,5 he 1850, -, elS VI S0iunula
ang st poi s ou.saue o. the Dlstrlct
an. anu ssnl pdck 10! trial ana II Is very ex-
s uInaIy .Iial II mas gone on ior ninety
a fuur Years a. since the act OF isoi without
lnaIns ~ out.
), Mr. MacFarlane claimed that Congress
ilaS Ippneu " Tie pisLTict u GoiuHpia the
tesisid toii unueT the CONSTITUTION, so that
thsii Ives iroL justice from every part or
the Union VINO take refuge In the District
! Oh x ;.;1iI are surrendered upon the
requlsition from the executive of the State
cSsmmitted. The construction Of the law
p1lLeleu ny Lne ueIense' ne cialmed, Would
nr;; ~ l.iea ~, IN aorce Ior pringlhg pack
nad once escaped from there; For the
past Sixty years, salu MT. Mdcr arlane, as
shown by the reported. cases, Section 10l4
mas pseH USED as the basis Ior legai pro-
~