New-York tribune., 1909-01-20
STIMSON SEES JEROME
ON CANAL LIBEL CASE
CHANGE IN SCBPEN1
EXPL4TNS MYSTERY.
Press Publishing Company Named
as Defendant, 5rith Government
as the Com pidiHaHt.

District Attorney Jerome was closeted for
nearly an hour with United States Attorney
Stinnson Yesterday in the Federal Building, dis
cussing tsa investigation of the Panama Canal
charges which. 1t is said. may lead TO the prose
cution OF the Press Publishing Company pub
fishers OF 1.-The New York World or indivldu-
ais or an individual of that company. for GRIM
inaI libel Another definite feature in the case
yesterday was the naming OF the Press Pub
fishing Company as the defendant and the
United States as the complainant This was in
a subpoena made out to John Doe and served on
William J. Dempsey. the head Of the mailing de-
partment of "The World"
Mr. Stimson said that the mention OF the
United States the subpoena as the complain
ant did not necessarily mean that the govern
ment was TO be the actual complainant me
government appears in that way. he said, IN al
the papers served in suits. although II may not
be the complainant He said the Attorney Cen
eral would clear up the matter in a few days,
and that he CAIE Stinson) not at liberty to
give the facts at this time.
When he heard Of this subpoena De Lancey
NicoII. OF counsel for The World said that
was what he and his associate. John NJ Bowers.
were fighting on Monday to find out When they
contended that the service Of the suopcenas on
.eThe World employees and officers was irregu-
lar In not naming the defendant. The briefs on
this question which were TO be submitted yes
terday at 4 o'clock by counsel for the govern
ment and "The World were not ready at tnas
time. and Judge Ward gave them until this
nornine at 1870 O'Clock to be ready. With ths
naming Of the Press Publishing Company as the
defendant the briefs may not be submitted
soon after leaving Mr. StimsOn, District At
torney Jerome gave out the following
''I have been IN conference with the federaI
attorney. as I have before. in regard TO the
question Of criminal libel in the Panama CanaL
case 1 will probably be in conference win MI
stinson again. We discussed the question OF
libel against an individual in the county and
state of New York. That is all.
=, came ont Yesterday that soon after ths
Panama Canal charges became public the mat
ter was brought to the attention OF the grand
i,,rx, q. New York County but that not sufficient
evidence was adduced to warrant an Indictment
II was said that Mr. Jerome went over the evi-
5anca that was brought out IN the county grand
iurv INQUIRY with Mr. Stimson. and that MI
Jerome also looked over the minutes OF the fed
eral body of Monday and yesterday
Mr. Jerome. in a general talk. said that the
libel IL one was committed. was not "lese maJes@
"" as construed popularly and jocuiAriy
Only one witness was called yesterday before
the federal grand jury. E. NJ. EngelInan. OF the
International News Service. who had made an
Investigation of the Panama Canal charges.
sending Colonel Alexander s. Bacon 20 Paris on
that mission. Mr. Engelman put under =
searching examination by Mr.. Stimsons assis-
tants MI Grim and Mr. Wise. lasting over TWO
hours When he left the room Mr. Engeiman
was told TO keep secret his testimony Mr. Stlm-
son iS determined that there shall be no leakass
regarding the proceedings before the grand jury.
There were other witnesses present. but the
grand Jury adjourned until to-day In the wit
called next There was also present Edward E.
Cra9i3. who was one Of the Nicaragua Canal
promoters.
MT Bowers said last evening that he was
satisfied the government was bringing the suit
and would maintain it, Mr- NicOll was not ready
~ saw that the government would be the COM
nIaInant When asked about Mr. Jeromes part
in the case he said that he could not tell what
he could have TO do with it.
LAWYERS said yesterday that the change IN the
form of the subpoena evidence that VI
s,imson felt that Judge Ward would not uphold
him in the issuance of the subp9nas that did
NOT mention the name of the defendant. This
was the first time that the Press Publishing
Company was named, and without the state
1nent that the witness wanted 10 'teStIry
generally on the part of the United States" In
spite OF the change in the form Of the subpoena
and Mr. Bowers's contention that the Unlted
states the complainant ana HOuIQ Cou-
tinus as such the conference Of Mr.. Jerome with
Mr. stiuson caused a belief that the proceedings
nv the federal authorities only preliminary
N q county prosecution, which would, of course,
ba conducted by Mr.. Jerome. The Washington
nrocsednes could not we'll be coupled with the
county prosecution, but the belief was fixed that
the whole matter here would resolve itself into
O nroceeding for criminal libel against an indi-
,-iduaI or individuals. and that there might Do
coincident proceedings at Washington. but Oe
the same nature
Several Secret Service agents we're IN the cor
-i5o-s of the Federal Building yesterday. They
had come from Washington. and IL Is expected
that they will be called before the grand jury.
A great bundle Of books and papers was passed
into the United States Attorneys room late in
the dsv. Mr. stin1son would not say what they
was Among the many rUu1ors that the casa
was one that the prosecution would be for cri1l-
inal conspiracy. Another was that Douglas
Robinson brother-in-law ef the President.
,rouId be the complainant when the case was
actually called. The last report yesterday vas
thar there would be briefs submitted regard
ing the alleged irregularity OF the subpoenas.
and that that part of the case would be called
of. and that hereafter all subpoenas would bs
the same in form as the last