Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-10-13

Continued from page ~
Anderson, "that the fact that Ger
tain persons were called thieves,
and 'swindlers,' does not constitute
libel per Sc. A newspaper has Ger
tain duty to perform. AS a former
president had said, 1t is the duty o.
a newspaper to print news and to tel
the truth about it, 1t is the duty Of
newspapers to draw differences fol
the people. s.".
"Now there were many peculiar
circumstances about the whole Pan
anna canal business. do not wish
to be understood as rejecting upon
anybody in or out of Office except
such person or persons as l may
name.
''The revolution in Panama, cir
cumstapces concerning it, were I'M
usual and peculiar. It was matter
of great public concern; large por'
ton of the people favored the Nicar'
aguan route; another portion pre-
ferred the Panama route. A commit
tee was appointed to investigate as
to the relative, merits of the two
routes. They investigated and re-
ported in favor of Nicaragua. Short
ly after they changed to Panama
Up to the time of that change as
gather from evidence, the lowest Of
fer which had been suggested, as one
at which Panama property-the prop.
erty of Panama, canal company
could be procured, was something
over one hundred million.
Then rather suddenly it became
known that it could be procured for
forty millions.
''Now, there were a number of
people who thought there was some
thing wrong-something not just ex-
actly right about the transaction, and
I say for myself that now I feel ma
tural curiosity to know what the real
truth was.
"Thereupon a committee of the
United States senate was appointed
to investigate these matters-about
the only way it could be investigated.
The committee met, as stated in the
articles, these men who knew all
about it. 1 think that is the proper
way to speak Of William Nelson
Cromwell. Well, these men. were
called before the committee and Mr..
Cromwell upon having certain ques-
tions put to him. stood up on his
privilege at attorney and refused to
answer. That was the state OF the
case as shown by the evidence, when
we adjourned last June. - %s %*
"At this session of court certain
parts Of records showing the propo-
sition before the senate, have been
introduced by the government and
an impression made upon my mind
from such parts as, the government
saw t to introduce is not more fav-
orable to Cromwell's position than it
was upon former hearing. So far as
record has been read, Mr.. Cromwell
stood upon his privilege whenever
questions were asked, answer to
which would or might reflect upon
him or his associates; but whenever
a question was asked him which
gave him an opportunity to say
something in their behalf, he ostenta-
tiously thanked the examiner and
proceeded to answer. TO my mind
that was Just grounds for suspicion.
I am suspicious about 1t now.
SO we have this situation. Here
is a matter OF great public concern.
I was interested, you were interested
we all were interested. Here was a
newspaper printing news -or' trying
to-. Here was this matter up for dis
cussion am not willing to say that
the differences were / too strongly
drawn am not approving them
] am simply saying that / am not
able to say they were too strongly
drawn. 4 a2gsl 3fg-S sss
u Now, If that: is the situation, the
question is, did these defendants un-
der circumstances act honestly ID
discharge Of this duty which I have
spoken Of, which the law recognizes,
and were they actuated by desire to
iniure persons who are affected by
their act. II It were necessary to
decide this case upon question OF pri-
3vilege or lack OF malice. / would hes
5itate quite while before / would
conclude 1t Was my duty to send
these people to Washington for trial.
But that Is not it. VI sBs MI
This indictment charges these de
fendants with commission OF q crime
OF the District OF Columbia. Now,
the constitution OF the United States,
In one Of the amendments. provides
THAT the accused shall be tried In the
state or district wnere the offense II
committed.
"The Indianapolis News Ii owned
by the defendants, conducted and
published By them, printed by them