Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-27
JEROME OFFERS HELP
Willing to Undertake ProseCu-
ton for Libel.
HE ASKS FOR PRECEDENCE
Believes State Courts Should Take
First Cognizance of Offense.
WANTS ROBINSON TO COMPLAIN
Writes Letter to U. S. District At
tornev StimSon Seffin0 Forth His
WANTS ROBINSON TO COMPLAIN
Writes Letter to U. s. District At
torney Stimson Setting Forth His
View of What Should Be Done.


NEW YORK. January 27-District At
torney Jerome made public. without COM
ment, last night the following letter adj
dressed to United States District Attor-
ney Stimson in connection with the libel
proceedings brought against the World
before the federal grand jury by direc-
ton of President Roosevelt:
january &C. 1909.
My Dear Sir: l have given the mat
ter published in the New York World
of October >, 1908, careful consideration.
am of the opinion that it is plainly a
libel upon Charles P. Taft and Douglas
Robinson. assuming. of course, that it is
therein and their alleged connection
Herewith.
His Duty to Prosecute.
Under the law of this state its publ
cation is crime and as it was published
in the county of New York. it is my duty,
under certain circumstances, to prosecute
those responsible for the publication
THE publication has a much wider
general Importance than is found in most
libels. Its substance charges that by
corrupt and dishonorable, if not criminal
means, the Treasury of the United States
was depleted to the extent of $50, 800 900
through the connivance, to give 1t no
harsher description. of some of the chief
officers of the state, and that this great
sum was divided among government
favorites in the world of politics and
finance.
1t would seem that a charge so serious
Ia n
the people of the United States regard
less of political faith, should not pass
unchallenged. but should be investigated
In court of law, where sworn testimony
Is considered and not mere denials, whose
falsty, if proved, brings no penalty to
the persons making them.
Adequate justification or excuse should
be shown by the persons making such
a charge or they should be properly
punished for an act the direct effect of
which is to impair the confidence which
the people ought to feel in their govern
ment and to diminish the efficiency of
the service 1t is created to render them.
Another Point of View
From this point of view the federal
authorities, 1T seems to me. have a dis
tinct interest and positive duty to per-
form. and from what you tell me it would
seem that the Jurisdiction of the federal
courts is adequate. There is another
point of view, however.
While the whole people of the United
States have been injured by the publica-
ton of such false and libelous matter.
the people of the state have received a
distinct and separate injury in that one
of its citizens, Douglas Robinson, has
had false matter published about him in
the community in which he lives and is
respected the direct purpose and tendency
OF which is to brand him as dshonor-
able and dishonest man, as one who was
willing to trade upon the honor Of his
brother-in-law, the President of the
United States
This offense 1 am loath to allow to
pass unpublished. or, at least, without an
effort to properly punish it, Therefore.
should Mr. Robinson express to me his
wish to have an action for criminal libel
instituted, l shall institute such an &C
ton provided may do SO without an I'M
wise interference with a matter over
which the federal courts have jurisdiction
and In which action has already been
taken by the federal authorities
State Law Quoted.
You are, of course, familiar with
section 6I9 of the penal code of this state.
providing '(Sec. 500 Whenever it ap-
pears upon the trial of an indictment that
the offense was committed in another
state or county or under such circum-
stances that the courts of the state or
government had Jurisdiction thereof and
that the defendant has already been ac-
quilted or convicted on the merits upon
a criminal prosecution under the laws OF
such state or county, founded upon the
act or omission in respect to which he is
upon trial. such former acquittal or con-
viction is a sufficient defense
II would therefore, be useless for me
to obtain indictments in this matter il
| the federal authorities should obtain in.
| inf aud
these last should be tried before those oh
tanned in the state court 1t would not
De Seemiy for me to endeavor to press
such actions to trial ahead of the actions
OF the United States without the consent
and appreciation of the federal author.
tiles
Precedence for State Courts.
There is number of considerations
which readily occur, upon reflection which
seem to me to make it proper that in a
case like this state prosecution should
take precedence over one by the United
States.
THE article in question is an attack
upon the integrity of high officers of the
state government OF the United States, in
purpose. at least, upon the President him
self and upon the President-elect
Further, there exists throughout the
country strong feeling, and from my
point of view a just and wise feeling
that criminal prosecutions should only be
had in the federal courts in matters
strictly concerning the United States and
where no adequate remedy elsewhere exists
1t may be wise that in obedience to this
feeling of the people, precedence should
be given to the state court
ITO summarize: If Douglas Robinson
requests me TO commence criminal libe S
against the persons responsible for this
publication, / will do so. provided that the
Attorney General of the United States in
forms me that he deems ii wise that the
state prosecutions shall take precedence
in the trial of any indictment that might
be found over the trial. OF any indictment S
against the same persons that may be
found for the same matters in the federal
courts.
Sincerely yours
"WM. TRAVERS JEROME,
District attorney of New York county. IS