The times. [volume] (Richmond, Va.) 1890-1903, 1895-03-09
EDIgOH DANA IhDICIED.
Charged With Criminsly LibeIlipg Mr..
Moves. of The Washington S.ar,

Il
| Jury for the Supreme Court OF the Dis
trict of Columbia has returned an lndlct-
ment for criminal libel against Charles
/ A. Dana, editor, and William NJ. Laffan,
| publisher. OF the New York Sun. The
presentment was formally made 10 Judge
| Cole. presiding by the foreman of the
grand Jury yesterday. 1t Is a formida-
| ble document or many pages, setting forth
| the malicious motives Of Messrs. Dana
ana Laffan in criminally libelling Frank
u. Moves. of Washington, treasurer of
| the Evening Star, ana one of the board
| Of directors Of the executive committee Of
| the Associated Press. The District SUI
prene Court n a United States court, and
according to tbs procedure Of such courts,
District Attorney Birney will transmit
certified copy Of the indictment 10 the
District attorney for the southern district
oi',New York, located at New YORK city.
II viii be submitted to a United States
commissioner. Yho, on satisfying himself
NJ tho formal regularity of .Ae indict-
mont will issue a criminal warrant for
,bo arrest Of Nessrs. Dana and Latan.
rrbe commissioner also fixes the amount
of hou Tbe accused have the right OF
annIvinp for a writ Of habeas corpus TO
contest the priTna facie sufhciency OF the
procedure. before being arraigned on the
merits of the indictment. IL Is eNpcC'.u
that the transmission of the indictment TO
Now York. and the arrest of the accused
viii be accomplished within day OF
two.
THE CRIMINAL COUNTS.
The indictment, as returned, contains
three counts. setting forth different de-
erees and circumstances of criminality
i'm nublishfng the libel. The proceeding
is according to the common law, whlch,
as modified by certain acts of Congress,
constitutes the jurisprudence OF the DIS
trict of columbia Before specifying the
three criminal counts, the indictment sets
nm the circumstances and motives leauihs
m 10 them. 1t states that the Asso-
aiatod press Is an Incorporated news
agency for the distribution of news. It's
affairs are conducted by board or di-
roctors Of which Mr.. Noyes is memper.
THO Indictment then states the -lnterhai
orqanization of the United Press, WIN
charles A. Dana as president, ana VII
l!am NJ. Laffan as vice-presldent. 1t
also gives the organization Oh tHo '4,l 81
Printing and Publishing AssoclatiQn, OIL NJ, WIN
Charles 4. Dana as edlIor' anu "'''
NJ. Iaffan as publisher.
,rho tbree counts of criminal hoei are
tben eiyen. The first count Is very CON-
nrabansive. 1t states that on fepruary
19d lost the New York sun published an
oditoriai from which the following Is
an extract. .,,o, tho Assoc
oiatod presso is organized under the
UIinois state law, and the provisions u
that statute respecting the persohdi
bilifv Of directors are not aHluSlhs'
I,l-,ynend a careful study of them 10 the
unfOrtui ate newspaper ihahdsei7 ii.
have been roped In. They may see Vi,eh
vvav 10 making such thoroushly us
bonost director as T.. =. Noyes, OF ash-
ineton. for instance, refund TO theh Ile
an,ount of extra assessments, out ol
yghtrF thnv hove '>.,n huncoed.
,rbe indictment. after stating thdL the
roroeoina libel was circulated IN New
YORK citv. charges also that on the same
dav Negsrs. Dana and Laffan sent three
hundred copies of the paper to Nashlhs-
ton. and thereby published the hpel III
Washington. The two accused are
charged with full knowledge of what ap-
pears in the editorial columns oil tnelr
naper. and with responsibility for the
same.
The second count refers particularly TO |
the nublication of the libel in Washing |
ton. The third count is general in terms
accusing Dana and Laffan of composing |
and publishing q criminal libel without |
specifying the Sun or other detailed |
Of the charge. The hrst |
count is the most specific, and gives the |
of the charges on which the |
grand jury acted.
NATURE OF THE oFFEScF.
Besides the foregoing there are other |
features of libel set forth, and there IS
the usual formal and severe language OF
the law IN specifying an allegation OF
crime. The proceedings have been under
the direction Of District Attorney Birney,
he has assigned Assstant-Dis-
.rict Attorney Taggart to conduct this
and other cases before the grand jury. |
Being a criminal. and not a civil case,
the prosecution is conducted by the pub
ic officers as an offence against the pub
lie. rather than as against an individual,
he theory OF the law being that a libel
against Mr.. NOyes or any other citizen
Is an offence against the peace and quiet
If the community, 10 be prosecuted in
lie same manner as any other disturb
lnce OF the public peace.
When the warrants are issued Messrs
Dana and Laffan will have three courses
pen TO them. They may submit to arrest
md decline TO give bail. i'm which case
hey will be brought 10 Washington TO
stand trial. II they give bail, it viii in
ure their coming 10 Washington at the
me the case Is called I'm the United
states Court. In the meantime they may
est the suliiciency of the face OF til.
Indictment without going into it's details
~ applying for a writ Of habcas corpus.
THE INDICTMENT ARRIVES.
NEW YORK, March S.-The Indictment
cund at Washington against Charles A.
)ana and William u. Laffan, of the New
'ork sun, was received here this after
Oon.
Mr. Dana appeared later before Com
missioner Shields, was released on his |
YIN TapappfZapeo and I'll. t...t-a- ..-. |