The evening world. [volume] (New York, N.Y.) 1887-1931, 1909-01-22
PANAMA
LIBEL CASE
SUBPOENAS
QUASHED
Judge Ward Holds That Calls
to Grand Jury Were
+ Improper.
RIGHTS ARE INVADED.
Decision Also Declares John
Doe Proceedings Are
Contrary to Law,

The attempt Of the gentlemen behind
ths United States Grand Jury proceed
ing against The World to make OF that
proceeding a fishing expedition was
thwarted to-day by Judge Ward. Of the
United States Circuit Court.
In a decision handed down this after
noon Judge Ward auashes and sets ASIDE
Che service Of subpoenas calling upon
certain witnesses to appear before the
Grand Jury TO testify TO all and every
thing which you may know generally
On the part Of tho United States"
|. Gubpoenas served upon ]. Angus Shaw.
s>eretary of the Press Publishing Com
|pany, and William p. Mclaughlin. editor
~ .pcrts and athletics for The World.
Ian. II, are quashed by this decision. II
new subpoenas are served they must
spsctfy the nature Of the proceeding In
order to give the witnesses an oppor.
xuni.y to guard their rights.
Inquiry 10 Oppressive
, Judge Wards decision establishes
That the form Of the inquiry as It wac
instituted by United States District
Attorney stimson, upon orders from
President Roosevelt was oppressive
and invaded such rights Of the citizens
subpoenasd a. are granted by the
Fourth Amendment. TO the Consthu.
zion Of tho United States.
Following are the salient points OF
JudEs Wards decision. which Is most
important az outlining the rights Of
citizen against oppressive and improper
lnyas ions By officers OF courts:
Subpoena Not According to Law.
THE form OF subpoena in the Federal
courts is not prescribed by law, The
only regulation on the subject is Sec
ton No. ST.. United States Revised
.atatutss, which, as Judge Hughes ex-
plains In the note to United States W
Rslston, II +, r., sol, is to be read In
come elton with Section S?9. 60 read, 1t
10 TO be construed as requiring for the
purpose Of economy that the names OF
a. many witnesses subposnaed In the
same cause as convenience In serving
the same will permit shall be included
In one subpoena requiring the witnesses
to sttsn and testify generally. o.,
either before the Grand Jury or the
petit Jury or both, as they may be re.
CURED by the Court or tho District.
Attorney.
THE form used in this district IN.
dicates at least general intention
that a witness shall be Informed Of
sths matter about which he will he
icalled to testify. think II is proper
that he should he, The Fifth Amend.
ment to the Constitution provides that
no ons snail he compelled IN any
criminal case 10 be witness against
himself The Supreme Court has con.
strusd this provision largely, holding
that /, Is not confined to a criminal
case against the witness himself. but
extends to any criminal investigation
,counseiman versus Hitchcock. II. l..
b.. $40
Entitled to Counsel
1T is quite clear that the ordinary
citizen called upon to testify in tho
strange environment of the Grand Jury
room, under the Interrogation of the
o. 6. Attorney, will he quite unable to
assert his rights, even II he know.
what they are. lie ought to bave nm
opportunity to consult coursc! and Inc
advised Of the extent OF his right +,
refuse t" testify. and Of the way in
Continued On Second Psse)
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