The Penn's Grove record., 1909-10-15
COURT THROWS OUT
CANAL LIBEL CASE
Indianapolis Publishers Won't Be
Dragged From Homes"
ARE LIABLE ONLY IN INDIANA
Judge Anderson Says He Feels "Nat-
uraI Curiosity to Know What the
Real Truth Was About the
Panama Canal Money.

Indianapolis, Ind.-The Indianap-
oils News won the Panama libel suit
brought against its editors by the
Government, when Judge Anderson
in the United States Court refused to
send the indicted men to Washington,
D. c., for trial. Ferdinand Winter
made the closing argument for the de-
PENDANTS.
Judge Anderson began by saying
that he was strongly impressed by
the argument of Mr.. Winter in which
he contended that the articles pub
lished by the News were not libelous.
He said that a newspaper has a GER
tain duty to perform and it was well
said by a former President of the
United States "that it is the duty of
a newspaper to print the news and tell
the truth about it," He said 1t was
the duty of the defendants to print
the facts about matters of public in
terest and it is the papers duty to
write and draw differences from the
facts known.
Here" said the Judge, sis a great
public question. There are very many
peculiar circumstances about the his
tory of this Panama Canal. I do not
wish to be understood as rejecting
upon anybody in Office or out in men
tioning this matter except such per-
sons as l may name in that way. The
revolution in Panama, the circum-
stances concerning it, were unusual
and peculiar"
The Court then spoke of the fact
that the price was $780, O0, 900 and
suddenly it fell to $4,000, 900,
adding "and I say for myself that I
now feel a natural curiosity to know
what the real truth was"
TO my mind there is but one con-
clusion to be drawn. Everything that
the evidence shows that the de-
PENDANTS do, or did, they do and did
in the State of Indiana, city Of Indian
apolis. l am not here to say that If
these defendants had an agent in
Washington, D. c., to whom they sent
for circulation copies of this paper,
they might not be amenable to prose-
cution in Washington if they could>be
arrested in Washington, D. C.
Where people print a newspaper
here and deposit it in the postofice
here for circulation throughout the
counties and districts, there is but
one publication, and that one is here.
If that is true, then there is no publ
cation, according to the evidence, in
Washington, D. c."
In concluding the Court said:
If the history of liberty means
anything; If the Constitution means
anything, then the prosecuting au-
thority should not have the power to
select the tribunal, If there be more
than one to select from, at the capital
of the Nation, nor should the Govern
ment have the power to drag citizens
from distant States there for trial"
1t was charged in the articles that
William Nelson Cromwell, Douglas
Robinson, Charles P. Taft, and other
intimate friends of President Roose-
welt" had knowledge of this Swim
de-" rs the editorial called it, by
which a gang of SPECTATORS" had
robbed their country"
United States District Attorney
Miller in his argument said it was i'm
piled that Mr.. Roosevelt, President
Taft, and Elihu Root, former Secre-
tary of State, were informed as to the
alleged swindle, and that as the rec.
ords at Washington, D. c., showed,
there was no American syndicate"
as described, and the sale of the Pan
m Canal was perfectly legitimate
and honorable, the publishers of the
Indianapolis News had committed
criminal libel against all the persons
named.
New York City.-When William
Nelson Cromwell had read the portion
of Judge Anderson's opinion referring
to his refusal to answer questions, Mr..
Cromwell said:
II have no statement to make upon
the comments of any Judge. That is
ALL"