Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-10-12
LIBEL
CASE IS CALLED
Delavan Smith and Charles R.
Williams, Of the Indianapolis
News, Appear for a Continu-
ance-No Other Witnesses.

INDIANAPOLIS, Ind, Oct. 1.-THE
Panama libel case" today was called
again before Judge Anderson, of the
United States court of this district, and
Delavan Smith and Charles R. Williams.
proprietors of the Indianapolis News, APP
peared for continuance of their hearing
TO determine whether or not they should
be removed to the District of Columbia
for trial under an indictment Of fed
eral grand jury charging them with hav-
ing criminally Hbeled Theodore Roose-
Welt, Charles P. Taft, William Nelson
Cromwell Douglas Robinson. and others,
in having published articles alleging cor
ruption in the purchase OF the Panama
Canal Zone by this country.
1t was understood today that the gov
eminent would not now produce other
witnesses than were examined at the
partial hearing of Messrs. Smith and
Williams case last June, but that Stu
art Mcnamara, special attorney Of the
department of justice in charge Of the
proceedings against them and of similar
proceedings in New York against the pub
fishers of the New York World, would
make further argument.
MCNAMARA ARRIVES.
Mr. Mcnamara arrived last night from
Washington. He spent a part of the
last summer in Paris, collecting evidence
as to the transfer of the Panama zone
from the two old French companies to
the United States. 1t has not been
made known in what form this evidence
will be offered to the court. If 1t is offered
at all.
1t is the contention of the government
that the transfer of the Panama prop
erty from the two French companies to
the United States was made in a proper
and legitimate way through the banking
house OF ]. p. Morgan & Co., and
William Nelson Cromwell as attorney for
the companies, that 1t was publicly made
known that the stories of enormous
graft in the deal emanated from persons
seeking to blackmail and that the pub
fishers of the Indianapolis News reprinted
the rumors maliciously."
Messrs. Smith and Williams have en-
tered denial of intent to libel in print
ing the current charges and editorially
suggesting investigation, and they resist
removal to the District of Columbia for
trial under the indictment.
CROMWELL'S STATEMENT READ.
Stuart Mcnamara read portions eor
Nelson Cromwelrs statement to the
United States committee in February
1906, on the transfer Of the canal zone
to the United States.
The report of the Isthmian Canal
commission was then taken up by Mr.
Mcnamara to show, he said, that the
commission all along had preferred the
Panama route to the Nicaragua route
and that the official valuation of the
Panama property was set at 100000 000
He said the commission never had ap-
proved the Nicaragua route except that
1T considered the original price for the
Panama zone demanded by the French
owners. 500, 100000 exorbitant The
Panama route was at once recommend
ed, he said, when the price dropped to
$40 900, 600.
Articles printed in the indianapolis
News and parts of the records of the
senate committee constituted the only ev-
idence, introduced today. -
In arguing for the removal Of the case
to the District of Columbia, Mr.. McNam-
ara said:
Pc M'NAMARA'S ARGUMENT.
I'VE might as we'll burn our law books
and close our courts if it is the law that
the publishers of a newspaper may make
such charges as the defendants made in
this matter and upon the basis they have
admitted they had.
Simply because it was the biggest stuff
in the campaign" Mr.. Mcnamara said,
this charge was printed and reprinted.
Even after Charles P. Taft denied that
he was a member of any such syndicate,
these defendants continued to include his
name among those who, 1t alleged, were
In ha daal -