Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-06-03
GOVERNMENT IN LIBEL PRO-
cEEDiNGs AGAINST PUBLISH
ERs INDICATES 1T WILL CALL
HITCHCOCK AND MACK.
WARNED REPORTERS
TO STAY OFF STORY
GOVERNMENTS CONTENTION IS
THAT THE TWO NATIONAL
cHAIRMEN GAVE WARNING AR
TICLE WAS LlBELoUS.

Indianapolis, Ind, June 2. = Attor-
news for the government in the case
against Delavan Smith and Charles
R. Williams, owners Of the Indianap-
oils News, charged with criminal IL
bel in publishing comments on the
purchase of the Panama canal by the
United States, In federal court here TO-
day stated that it was their desire to
call as witnesses Frank Hitchcock,
chairman of the Republican commit
tee, and Norman E. Mack, chairman OF
the Democratic national committee, IN
the last presidential campaign. The
attorneys asked for a continuance SO
these and other witnesses mlgnt pe
produced in court
They said that it was their purpose
to show that Hitchcock and Mack mad
warned reporters in Chicago that tne
intimations contained in cable dis
patch to the Chicago News that an
American syndicate had corruptly
gained the immense profit of $2S,ooo.
600 in the sale Of the Panama canal
to the United States was Wlthoul
foundation in fact
Case Postponed.
The case was postponed until Octo-
ber II to give the government an op-
portunity to produce Hitchcock ana
Mack. together with certain members
of the Office force of J. P. Morgan and
government officials in Washington.
Government Resisted Introduction
The government yesterday after
noon resisted the Introduction OF the
evidence in the hearing, the attorneys
contending it was inessential for the
committing magistrate to hear the
evidence Exhibits Of editorials print
ed in the indianapolis News they
held were libelous if they violated a
statute Of the District of Columbia
providing that criminal libel may lie
in the publication of an article not
justified in truth.
The government maintained that on
the face of the Indictment and infor
nation the defendants should be
transferred to the District of Colum
bia for trial
Judge Anderson ruled against the
government. He called attention tc
the necessity Of proving express, moi
Implied malice in prosecution fol
criminal libel. Malice in a civil action
he said, was very different from NAL
ice in criminal case. Implied malice
in "a newspaper publication might be
.sufficient to justify judgment fol
damages against the publisher
but in criminal action differ
must be expressed malice. The cour
decided to hear the evidence.
Ernest 1 Lewis, correspondent o
the News, denied that he had an!
instructions as to the handling o
Panama canal matter in dispatches
from Chicago during the presidential
campaign.
Williams Didn't Write Them.
Managing Editor Williams testified
that he had not written the editorials
complained of by the government
though he approved them as in th'
interest of public morality and integ
rity
Mr.. Rowland, who wrote the ed
torials, said that he wrote them be
cause he thought the subject wa
''the biggest thing in the campaign.
and he should not have discharged hi
duty if he had not discussed it.
He made no personal investigation
and did not know personally that {
P. Taft was interested in the Panam
transfer Answering the question
of the government attorney, Howlan
said that he was suspicious at tn
time, is still suspicious and believe