The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-06
DECLINES TO
PARTICIPATE
IN THE CASE
United States District Attorney
for Indiana Sends in His
Resignation.
SOME STRONG REASONS
GIVEN FOR HIS ACTION
HAS NO SYMPATHY WITH Gov
EMINENT IN PROSECUTION
OF INDIANA EDITORS.

:. =
:. Washington, March 5.-United =
=. States District Attorney Healing :
:. at Indianapolis has resigned rather :
:. than participate in the efforts OF =
= the department of justice to bring :
:, Delevan Smith and Charles r. =
:. williams TO Washington to stand :
:. trial for criminal libel in connec- =
- ton with publications concerning =
= the Panama canal and railroad. ::
:. Mr.. KeaiinS's standing with the =
= department of Justice is said to be :
- high. In connection with the Elk =
- hart bank case, Mr.. Healing prose- =
:. cuted and convicted all of the Off :
= Gals of that institution, including :.
:. Walter Brown, who was his close =
:. personal friend, and a member of =
- the Republican state committee. =
:. c. W. Miller, who has twice been =
:. attorney general of Indiana, will :
:. be recommended by Senator Bev- =
- eridge for United States attorney =
:. to succeed Mr.. Healing. =
Indianapolis, Ind, March 5.-United
States Attorney Joseph B. Healing. who
has resigned his office rather than par
ticipate in the prosecution against Del
evan Smith and Charles R. Williams
of the Indianapolis News, would make
no statement today regarding the mat
ter. other than-tha contained in his let
ter of resignation to the attorney gen
eral, dated March ? In that he says:
'Sir:-I beg to inform you that have
today sent my formal resignation as
United States attorney for the district
of Indiana, to the president Of the
United States.
Il am informed that indictments
have been returned by the grand jury
of the District of Columbia against Del
evan Smith and Charles r. Williams,
praSletors of the Indianapolis News,
for criminal libel, and that steps will
be taken to remove them to that dis
trict for trial, As both are in this dis
trict under the law it will become my
official duty to assist in such removal
proceedings.
Has Always Done His Duty.
For almost eight years 1 have had
the honor of representing the govern
ment as United States attorney. Dur
ing that time I have prosecuted all
aliSrs without fear or favor, where 1
had an honest belief in their guilt.
7 have been compelled on several OC-
casions to prosecute personal friends,
but in each case l only did so after
thorough investigation had convinced
me of their guilt.
"In this case, have made a careful
investigation of the law applicable
thereto. As to the guilt or innocence of
the defendants OH the question of libel
I do not attempt to say. If guilty, they
should be prosecuted, but properly in
dicted and prosecuted in the right place,
viz, at their homes. 1t is only with
the question of removal that 1 have
to do.
New Departure Dangerous.
4 am not i'm accord with the govern
ment in it's attempt to put a strained
construction of the law to drag the de-
PENDANTS from their homes to the seat
of the government to be tried and pun
ished while there is a good and suffi-
cient law in this jurisdiction, in the
state court. ] believe the principle in
vOlved is dangerous, striking at the
very foundation of our form OF govern
ment. ! cannot therefore, honestly and
COnscientiously insist to the court that
such is the law, or that such construc-
ton should be put on it. Not being
able to do this. do not feel that can,
in Justice to my office, continue to hold
it and decline to assist.
In order. therefore, to relieve US
both of any embarrassment, I have
rendered my resignation and have
asked that il be accepted not later than
March 10. 1909. have made it of this
date in order that President Taft-for
whom I have the highest respect and
Continued on Page 5.