New-York tribune., 1909-06-03
TO CALL HITCHCOCK
IN PANAMA LIBEL CAoE.
also Mack and Cortelyou-GoUe'T1-
ment Wins Point.

Indianapolis June 2-After a sharp controversy
in which the Court took prominent part the gov
ernnent won a point to-day In its prosecution OF
Charles R. Williams and Delavan Smith, overs OK
THE Indianapolis News, indicted IN tle DlS'iiU
Of Columbia on the charge of criminal libel IN pup
fishing ntmations of graft in the purchase u ''s
Panama Canal by the United States
This was the second day of the hearing oeioIe
Judge Anderson in the United states District Court
on the governments application for an orueI re-
moving the defendants to the District OF Couiioi"
for trial.
At the request Of Stuart Mcnamara ana Charies
W. Miller federal attorneys. Judge Anderson con-
tinued the case until October II to permit the prose
cution tc introduce witnesses Frank n f1l'c"
cock formerly chairman OF the Republican Natlohal
COMMITTEES: Norman f. Mack chairman Oh 'ne
Democratic National Committee; George B. CoI-
teiyou certain members Of the office stah OF ). r.
Morgan & Co. and certain officers OF various ue
partments of the government at washington
The defence protested against continuance say
ing that the government should have been pre-
pared this time submit all its eVioehce' anu
the Court at first seemed approve. but on state
ment of the opposing counsel as to what II was eA-
pected to prove by the witnesses the COui' U0
cided hear the further evidence
Mr.. Mcnamara declared it Impossible 10
anticipate the wide scope that the case had taken
He purposed to prove by Messrs. hitchcock
and Mack he said. that thew both had MADE pun
lie announcements that the story oTsrtu |"
both Of them for consideration, tnat theie was
corruption in the Panama transfer, was "a fake
originated by backmailers who at first hoped 10
get money from William Nelson Cromwell out
failed. The story published in The New 1orK
World" and the same journal printed Mr.. from
wells denial of il on October g. Mr.. Mcnamara
said he expected 10 prove that the defendants hau
knowledge of the denial when they prepared the
editorial articles published later in The Indianap-
oils News."
Judge Anderson had expressed doubt as to the
relevancy of further evidence. for the reason he
said that he was impressed by the fact that MT
Cromwell had refused to tell the Senate invest-
eating committee the names of his clients VINO
composed a syndicate for "Americanizing the
canal. a plan that afterward was abandoned-
The public might justly infer. the Court said that
there was something wrong somewhere In the
transaction in which 100000 Of its money was
expended.
MI Mcnamara combated this point. saying that
the fact that Mr. Cromwell subsequently, declared
that no American received cent of proht from
the sale and that other prominent men and news
papers had absolved Mr.. Cromwell. Charles p tart
Douglas Robinson and J = Morgan from suspi-
con Of corruption in the matter should nave caUsed
the owners Of The Indianapolis News not u
publish the charges in the alleged ibellous manner
In which II did publish them.
Judge An serson said in the discussion to-day that
It was his personal impression that at the time OF
the Walker commissions inquiry into the compara-
tive merits OF the Panama and the Nlcaraguan
routes the people that knew all about canal mat
ters'' had a quick. sudden" change Of heart from
the Nicaragua route 20 the Panama route
United States Attorney Miller here suggested that
the commission favored the Panama route. but rec
commended the Nicaragua route because OF the
enormous price asked for the Panama property.
Judge Anderson said he not speaking OF
commission. but Of these persons about Washing
ton and elsewhere who were interesting themselves
in a South American canal
Commenting the Psnama situation in general.
Judge Anderson said he thought the public had a
right question the conditions OF the transfer of
the canal. because of William Nelson Cromwelrs
cours. before the Senate Investigating committee.
This forty millions Of dollars said the Court.
that was paid for the canal the public's
money. YOU must remember part OF il my
money. a part Of was yours"
Members OF J. =. MorRan's stan were to be sum
moncd. counsel stated, 70 show the receipts the
company gave TO the United States FOR $4,000 600.
the purchasa price Of the canal. and the receipts
given by the French companies for the payment
for the securities sold 10 the United States
Counsel held that these two sets OF receipts
would show that go between received a cent
OF profit and that the deal a clean piece ot
business. as Mr., Cromwell told the Senate com
mittee
The attorney for the defence protesting that the
government useessy delaying the case Mr.
Mcnamara said It was at the instance OF Delavan
Smith that his trial held in Indianapolis in
stead OF in Chicago Mr. Winter retorted that
Mr.. Smith waited in Indianapolis for arrest for
four months after the indictment. and the govern
ment made no move during that time.
Washington. June II have received no fntima
ton whatever from the attorneys I'm charge Of the
Panama libel cases that my testimony was desired
and naturally l don't to make any statement
regarding the matter until receive formal notice.
Postmaster General Hitchcock said to-day