Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-01-19
CASE Is STILL A MYSTERY
Nature of Proceedings Against New
York World Not Divulged.
HEARING IN COURT IS BRIEF
Attorneys for Papers Move to Qunsh
SubpOenas Served Mem
bers of the Editorial
Stans.

NEW YORK, Jan. 1S.-The nature of the
proceedings which have been instituted
against the New York World and the In
dianarolis News because OF their criticisms
Of the method by which the purchase OF
the Panama canal was made, was not dis
closed In the brief hearing in court today.
Acting under instructions believed to have
been issued by authority of the United
States government United states District
Attorney Stimson had subpoenaed William
B. Mclaughlin sporting editor of the
World and ]. Angus Shaw, secretary of
the Press Publishing company, to testify
before a federal grand jury tJoay in an
action which was not described In the sub
poenas 1t was believed, howevsr, to be
the outcome of President Roosevelts mes
sage to congress in which he protested
against the linking Of the names of Charles
i. Taft, brother Of the president-elect and
]. Douglas Robinson, the president 8
brother-in-law, In criticisms of the canal
purchase.
The proceedings were halted by an order
obtained by counsel for the Worlds editors
calling upon Mr.. stimson TO show cause
why the subpoenas should not be quashed
several witnesses Examined.
Several other witnesses in whose behalf
no injunction was obtained were called be-
fore the grand jury to give evidence today.
The first to be examined was w. II. Bjorn-
son, who is said to be connected with the
Washington office of Sullivan & Crom-
well the lawyers. Mr. Cromwell had a
prominent part in the acquisition OF the
Panama canal. Mr.. Bjornson said that he
was questioned as to whether the firm OF
Sullivan & Cromwell had offered to pay
for the suppression Of stories about the
canal. He said that he replied that he knew
nothing about 1t as he was otherwise en-
gagged at the time of the canal negotiations.
Other witnesses who were waiting to go
before the grand jury were d. NJ. Engel-
man OF an international news service, who
said he went abroad to investigate the
/ canal purchase and on his return submitted
a report TO the national democratic commit
tee which afterward got into the possession
of the World.
! Jonas Whitley, formerly of the World,
but now in the office of Sullivan &
| Cromwell A. Q. Rowhey of the Boston
4 American, and John I. Weir of the New
! York American, were also waiting their
/ turn to testify.
Brief argument was heard by United
States Circuit Judge Henry G. Ward today
on the motion to quash the subpoenas
after which an adjournment was taken
until o'clock this afternoon, when Judge
! Ward will hear further arguments.
Holds Subpoena Illegal.
! j. NJ. Bowers of counsel for Mr.. Nc
/ Laughlin and Mr.. Shaw argued that the
form of the subpoena was illegal inasmuch
as the following concluding words OF the
subpoena lin a certain case now pending
and undetermined in this said court be-
tween the United States" were crossed
out, making the subpoena read 10 testify
to what they may know generally"
Mr.. Bowers held that the subpoena was
illegal inasmuch as It did not state the
nature OF the inquiry or the person ac-
cused and that the proceeding was an abuse
OF process.
District Attorney stimson. speaking for
the United States, argued that the form
of the subpoena had been used in practice
In this district for fifty years and was
recognized by the statutes Of the United
| States. Mr.. Stimson said:
''The same situation arises in a corporate