Omaha daily bee., 1909-02-02
STIMSON WRITES TO JEROME
District Attorney Told to Go Ahead
with Prosecution of World.
FEDERAL INQUIRY TO CONTINUE
EmpIoye of Paper who Refused to
Testify in washington Cited to
Explain Action to Justice
Could

NEW YORK, Feb. Limited States Dis
trict Attorney Henry L. Stimson made pub
lie tonight a letter in reply to one written
by District Attorney jerome on the subject
of beginning an action for criminal libel in
the state courts against the publishers Of
the New York World because of published
charges regarding the Panama canal pur-
chase. Mr.. Stimson tells Mr., jerome to go
ahead and assures him 'That such action
on your part viii in no. wise be regarded
as an interference, but, on the contrary,
we shall regard il. as our duty to cooper
ate with you in all proper and lawful
ways" ~
Mr. Jerome. had asked II action in the
state courts on behalf of Douglas Robin
son, the presidents bfother-in-law, would
be an unwise Interference with the actions
begun under federal jurisdiction.
Mr.. Stir1son answers this question mega
lively. but he does not state that the fed
eral inquiries or prosecutions will cease IL
Mr.. Jerome begins an action.
It is apparent that while the federal au-
thorities eencede to Mr.. jerome the right to
appeaf,a as the protector of Douglas Robin
sons good name. they reserve to them
selves the privilege of acting in defense
OF the, fetiutAtion or a gentleman "who oc-
cupied' the position of head of the Wal de-
psrtment,T in any, federal jurisdiction where
the case applies.
The reference to the gentleman who
occupied the position of head of the War
department" gave rise in some quarters to
speculation as TO the person meant by Mr..
Stimson.N An official OF the government,
wis declined to permit The use of his name,
said the. statement was intended to refer to
Elihu Root who was secretary OF war wher
negotiations Tor the purchase OF the Pan
anna canal property was concluded, though
the deeds of the propery were actually
turned over to this country when William
Fl. Taft was secretary.
shaw cited TO Court.
WASHINGTON, Jan. 31.-An important
step in the Panama canal libel proceeding
before the grand jury of the District OF
Columbia WIN be taken tomorrow, wher
District Attorney Baker will ask Justice
Ashley 9 NJ! Gould, presiding in crimina
court mo. 4. TO compel ]. Angus Shaw
secretary-treasurer of the Press PUBLISHING
company. publishers OF the New Yorl
World, 10. answer certain questions peril
nent to the inauiry. Mr.. Shaw has declined
TO answer any questions except a few o
n formal character, on the ground that I
was his constitutional prerogative not q
respond upon matters which might incrim
mate himself.
This phase Of the case has given rise Il
considerable interest. II the usual pro
cedure is followed. when court convene
the court will consult the witness privatel,
and II the, information sought would tent
to inerinhnate him. the witness reaues
probably would be granted, Mr.. Shaw
however. Wilt be required to explain to tn
4 c~ourtshow the questions he refused TO an
' swer fall under the privilege guarantee,
by the constitution.
Dumsnt Clarke. president OF the American
Exchange National bank OF New York an
trustee of the Press Publishing company
and three or four other witnesses from Ne,
York. will appear as witnesses before tn
grand jury tomorrow.