Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1909-03-13
U. S. ATTORNEY SIDES WITH
THE ACCUSED EDITORS

Washington, March 5.--United States
District Attorney KealinB, OF Indian
apolis, resigned rather than participate
in efforts of the department or JUS
tice to bring Delevan Smith and Jo-
seph Pulitzer to Washington to stand
trial for criminal libel In connection
with publications concerning Panama
canal and railroads.
kealins's Letter.
Indianapolis, Ind, March 5.-Unlted
States Attorney Joseph y. Healing, who
resigned the office rather than participate
in the prosecution against Delavan Smith
and Chas. r. Williams, of the Indianapolis
News, would make no statement today
regarding the matter other than that con-
tained in his letter OF resignation to the
attorney general. In that he says:
Indianapolis, Ind, March 2. 1909. To the
Attorney General Washington, ID. c.
Sir: l beg to inform you / have today
states attorney for the district of Indiana,
10 the president OF the United States. with
the request that the same will he accepted
not later than March 10, 1909.
| am informed that indictments have
been returned by the grand jury of the
District of Columbia against Delavan
Smith and Charles K, Williams. proprie-
tors of the indianapolis News, for GRIM
inal libel. and steps will be taken TO re-
move them to that district for trial. AS
both are in this district. under the law
II will become my official duty to assist
In such removal proceedings.
For almost eight years l have had the
honor of representing the government as
United States attorney. During that time
/ have prosecuted all alike, without fear
or favor, where / had honest belief in
their guilt.
II have been compelled on several oc-
casions TO prosecute personal friends, but
in each case | only did so after thorough
investigation had convinced me OF their
guilt
In this case, I have made careful inves-
tigation Of the law applicable thereto. As
TO the guilt or innocence of the defendants
on the question of libel, do not attempt to
saw If guilty they should be prosecuted,
but properly indicted and prosecuted in the
right place, viz: at their home. II is only
with the question OF removal that / have
to do.
| am not I'm accord with the government
in it's attempt to put strained construc-
tion of the law to drag the defendants
from their homes to the seat of govern
ment to be tried and punished while there
is good and sufficient law In this jurisdic-
tion I'm the state court. believe the principle
involved is dangerous, striking at the very
foundation OF our form OF government. |
cannot, therefore, honestly and conscien-
tiouslv insist to the court that such is the
law or that such construction should be
put on II. Not being able to do this, |
do not feel | can, in justice to my ofhce,
continue to hold IL and decline to assist.
IN order. therefore, to relieve both OF any
embarrassment, have rendered my resig-
nation and asked il be accepted not later
than March 10. 1909 / have made II OF
this date in order that President Taft-for
whom | have the highest respect and adj
miration-may have time to name my sue
cessor. Respectfully,
(SlgnedD Joseph Is. heanhS'
limited StatpS Attorney,