The Montgomery advertiser., 1909-01-27
MIR. JEROME MAY ACT
LIBEL CASE IS 4 NEW YORK MAT
 TER.
If Government is wiiling and Rebin- sea Will Help District Attor.
 ney Wfli Prosecute The
 World.

New York. Jan. 26.-The possibl- ity of the Federal authorities having to stand aside, to permit the State and county of New York to proceed against the publishers of The New York World for the alleged libel in connection with the Panama purchase. was made apparent today in 8 letter written by District Attorney Jerome to United States District Attorney Henry L. Stim- son.
 Provided Douglas Robinson, brother tn-law of the President. is willing to appear as complainant witness, MT. Jerome is ready, the letter states. to begin action in the State courts.
 It would be useless for him to do so, however. he explains, if his inquiry Is not given precedence over that begun before the Federal grand jury, as ac- quittal or conviction in the one court would act as sufficient defense In the otheR
 I have given the matter published in The New York World of October 3. 1908. careful consideration" the letter says. "and am of the opinion that 1t Is plainly libel on Charles P. Taft. and Douglas Robinson, assuming, Of course. that It Ia untrue as to syndi- cate mentioned therein, and their al- legged connection herewith. Under the law of this State, It's publication Is crime and as 1t was published in the county of New York, 1t is my duty. under certain circumstances to prose- cute those responsible for the puhlica- tion.
 'The publication has a much wider general importance than Is found In most libeis, Tt in substance charges that by corrupt and dishOnorable. if not criminal means. the treasury of CAAk Ann tAE HN a extent Of $3e,5O0. 900 through the con- nivance, to give 1t no harsher defint- tion, of some of the chief offices of the State and that this great sum was divided among government favorites in the world of politics and finance.
 Mir Jerome then voices his convic- ton that so serious a charge should not pass unchailenged ana that aoe- Quate Justification should be shown or those making it properly punished" :"
 "From this point of view" the let ter continues. "the Federal authorities 1t seems to me. have a distinct inter" est and a positive duty to perform and from what you tell me. 1t 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 publication of such false and libe1ous matter. the neopie of this State have received a distinct and serious injury in that one nf its citizens. Douglas Robinson. has had false matter published about him In the community in which ne nVes and is respected. tine direct purpose and tendency of which is to brand him as a dishonOrable and dishonest man and one who Is willing to trade upon the honor of his brother-ln-law. the President of the United States.
 ''This ofrense. I am loath to allow to mass unpunished. or at least. without an effort to properly punish 1t. There fore should MP. Robinson express 10 me his wish to have an action of orim- inal libel instituted ' shall institute such proceeding. provided I may do so without an unwise interference In matter over which the Federal courts nave jurisdiction and which action has aIrea;iv been taken by the Federal au- thorities.
 .'ro summarize: If Douglas Robinson requests me to commence action TOT criminal libel against the persons re- sponsible for this publication. will do so. provided that the Attorney Gen eral of the United States informs me that he deems it wise that the State nrosecution shall take precedence in the trial of any indictment that might be found over the trial of any indict- ments against the same persons thht may be found for the same matters in the Federal courts"
 Taken in connection with the fact that hearings today before the Feder- al grand fury were adjourned until next Monday afternoon after but one witness, John F. Weir, a reporter of The New York American. had been ex- amined, Mir. Jerome's letter Is believed by many 10 augur the suspicion mo- momentarlly at least. that the Federal inauiries may end and the early in- ceptOn of inquisltion by the state with MT. Robinson as its moving spirit |