The times., 1897-06-17

grand Jury No enc would be sasain giving
/ Information to cl eCiscT FOR public use,
though of the deepestsfnToftanc TO the
community. He would MAKE no use of
facts within his possession, although such
| employment of them would be for the pub
| lie good, as thereby some men may be
| brought into court and made an unwilling
| witness. The press is sufficiently hedged
| about by the ordinary law of libel. with
out the attempt of any grand jury to com
| pei to unearth TO public gaze the secrets
| of the editorial rooin'
Judge Dittenhoefer, continuing, said:
The privilege claimed by the editor to
| be protected from the compulsory disclosure
| of the name of his informer in matters of
| criminal violations of law, derives some
| consideration from its analogy TO that
existing between the prosecutor OF the
pleas and the witness who informs him
on behalf of the State. The editor, in
the wide scope OF his vigilance over the
good order and public morals of society, is
recognized by the public as standing ont
In his ne ewspaper as a pnblc prosecutor,
often exposing crime and arraigning az
the bar OF public opinion, and before the
grand Inquest OF the country, persons jna-
pliciteG in the comm sson OF crime tefofe
ever the public prosecutor has taken acton
In the premises.
The e.litor thus, as 1t were fills the place
OF tribune, and his newspaper is a spe-
cies of tribunal of great benefit and assist
ance in the public administration OF Justice,
and as tt is well settled in law that com
munications made TO a prosecuting attor
ney relative to suspected criminals, or TO
the operations OF a detective police are
privileged. and are not TO be divulged by
the attorney without the consent OF the per-
son making the communication, so it is ar
gued that the editor OF a newspaper should
be privileged from divulging the name. at
least, of the witness who confidep tally in
formed him OF the public offeuse charged.
without the consent of the informerr
Judge Dittenhoefer held in another
part of the argument that the name
OF an informant is unnecessary for a PARTY
who is injured by any false publication.
as against the newspaper, has 10th a
evil remedy for damages and a crmi-
nal prosecution for lbel.''
The assistant district attorney, Mr..
Baker, replied to Judge Dittenhoefer.
He took up the part of the argument re-
lating to newspaper privileges, and dis
missed IL with the statement that he aid
not think it worthy of consideration.
MI. Baker said that the first contention
OF the defense that Shriver was not in
cluded in the Senate resolution Of in
quiry, was discounted by the fact that
shriver knew of the proposed Senate in
quiry because he referred to it In his
alleged offensive article.
Mr.. Baker then took up the second propo-
q a 20
that questions asked shrlver were stricily
within the scope of the Senate inquiry.
rir. Baker compared the Senate Commit
tee to grand jury and that the commit
tee had the tight 70 ask MI shrlyer the
name Of the Congressman who gave him
certain information.
What the Congressman knew, perhaps
was hearsay, but such testimony might
have led to the disclosure of what was
wanted by the committee.
A : to the statement of the defense that
the defendant did not decline to answer
the question, the evidence before the court
was To the contrary. Further, Mr. Shriyer
had never answered the question, notwith
standing the contention of the defense
that he only declined to answer "for the
present In fine, the only question was.
~" SHfiNcE decnDe 10 answer. he de
fense had argued that the newspapers
We're the first TO find out evidence of
crime.
If that were so, why should they not .e
amenable to the law, which derives in
formation from all Other sources The
Mall and Express had practically charged
Senators with corruption, and the United
states Supreme Court had held that The
Senate had perfect right to investigate
fully such charges
The court adjourned at 2:io p. m until
today, Mr.. Davis having an enga cement |
to deliver an address at the MARYLAND Agri- |
cultural College yesterday afternoon.