Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-23
THE DANA LIBEL CASE
Views of Editors on Some of the Points
Involved.
What IL Thought of the Contention
> That the Accused Editor Should
BE Tried In New York.

T..
New York did not have to make his vicious
attack on Mr.. Noyes Of Washington. 1t
was a purely voluntary act. Neither does
1t have to be demonstrated that the evil
done Mr.. Noyes was not in New York,
where he is a stranger, but In Washington,
where his home is located. Why should
Mr.. Noyes be further punished by being
compelled to go over to New York to seek
vindication? Why not rather have the man
who volunteered the attack be made to go
over to Washington, where the injury was
wrought? There is not so much occasion
for sympathy with Mr.. Dana after ALL
There are pains and sufferings even more
exquisite than those of being obliged to
ride two or three hundred miles in a lux
uriously upholstered palace car-from New
York to Washington.
Dana and a New York Jury.
From the Kansas City Star.
Nobody desires to see any great hardship
come to Mr.. Charles A. Dana, who is now
in his seveuty-sixth year. but there is a
very general feeling that his habit of mud
singing and Of personal abuse should be
checked. The attack on Mr.. Moves appears
to have been prompted by pure malice, and
this is only one of many instances where
the venerable editor has recklessly dis
charged his venom. The New York public
stands In such terror of Mr.. Dana that it
city would have nerve enough to bring in a
verdict against him.
Stick 10 the COnstftutfon.
From the Brooklyn Times.
The first skirmish in the battle between
Dana and Noyes was held yesterday There
was a preliminary hearing before United
States Commissioner Shields. There were
few things that startled the Times. Mr..
Dana, as he had a right to do, has sur
rounded himself with the best defense that
the ablest lawyers in New York can offer.
expectation of the Times, devoted them
selves to trivial technicalities. For exam
pie. much time was devoted to the identi-
fication of Mr.. Dana as the responsible
editor of the Sun.
The Times was under the impression that
Mr.. Dana was not afraid to assume all
responsibility for the course of the Sun,
and that he was ready and anxious to
prove the charges which the Sun brought
against Mr.. Noyes. 1t looks very much as
though Mr.. Dana had forgotten the great
constitutional question which is involved in
his suit. His lawyers did not argue
against the law, but against the fact that
Mr.. Dana was responsible for The circula-
ton of the Sun in Washington.
The Times would like to see the lawyers
pursue the course laid down for them by
the editorials Of the Sun. Mr.. Dana should
be allowed to acknowledge. as he is prob
ably only too anxious to do, that he is the
responsible QeaQ OF lQ6 sun, tnal the sun
made the remarks about Mr.. Noyes which
are complained Of and that he is willing
to go before court of law and prove those
charges true Then he could admit that he
believes he cannot be legally taken to
Washington to be tried, but should be tried
in New York state. The Times is afraid
that the lawyers of Mr.. Dana have blinded
him to the real issue.
Doesn't Care Where.
From the Brockton (Siass) Times.
So far as we have noticed, the Judgment
of the majority of newspapers upon the
question whether Editor Dana should or
should not be required to go to Washing
ton to be tried for criminal libel, is largely
determined by the fact of their news COM
ing from the Associated Press or the
United Press. This section of the New
York penal code seems to have a direct
bearing upon the matter:
Section 2J0-Libel against nonresident
An indictment for a libel published against
person not a resident of this state must
be found and tried in the county where
the paper containing the libel purports
upon its face to be published, or, If one
county is indicated upon the face of the
paper. in any county where the paper was
circulated.
Dana is tried. so long as he is taught the
lesson that there are dangers attending
the business of common scold.
1t Works Both Ways.
From the New London Day.
A great fight is in progress to prevent
Charles A. Dana being compelled to go to
Washington to defend himself in a suit for
libel that has been brought against him by
leading Journalist, MIR. Noyes of that
city. Now 1t is just as cheap for Mr.. Dana
to go to Washington as for the plaintiff
to come up to New York, and as Mr.. Dana
Is the offender in the case il will serve him
right if he is put to the most of the incon-
venience. He knew he was liable when he
printed the libelous article. judging from
remarks in the Sun since that time. To be
sure. there are many cases where it would
be an injustice to make man leave his
home to defend himself, but if man can
not be summoned away to answer to an
attack he would often feel himself perfectly
safe in perpetrating outrages on the names
of distant persons. 1t is a matter that
works both ways. and can best be left to
the judgment of the court in each individ-
ual case. The arguments that are being
made in Mr.. Dana's behalf are mainly in
spired by press association jealousies and
by the desire to keep on the right side of
influential journal