Omaha daily bee., 1909-01-28
NEW PHASE OF LIBEL CASE
Federal Authorities May Stand Aside
TO Permit State Court to Act.
MR.. JEROME WRITES LETTER
New York District Attorney Points
out several Reasons why Prose-
cations shouId BE By state
of New York.

NEW YORK. Jan. z.-The possibility Of
the federal authorities having to stand
aside to permit the state and county of
New York to proceed against the publish
ers Of the New York World for the al
legged libel in connection with the Panama
canal purchase was made apparent to-
day in a letter written by District Attor-
ney Jerome to United States District At
torney Henry L. Stimson.
Provided Douglas Robinson, brother-in-
law Of the president, is willing to appear
as a complaining witness Mr.. Jerome is
ready. the letter states. to begin action at
once IN the state courts. 1t would be use
less for him to do so. he explains, II his
inquiry is not given precedence over that
begun before the federal grand jury. II
have given the matter published in the
New York World Of October 3, 1905. care
full consideration, the letter says. and
am Of the opinion that II 10 plainly a libel
upon Charles p. Taft and upon Douglas
Robinson, assuming. OF course. that it is
untrue. as to the syndicate mentioned
therein and their alleged connection there
with. Under the law OF this state its pub
LEGATION il a crime and as Il was publish ID
in the county OF New York II Is my duty
under certain circumstance to prosecute
those responsible for the publication.
Greater Than Most LIbeIs.
The publication has a much wider gen.
eral importance than is found in most IL
bells. 1t In substance charges that by cor
rupt and dishonorable. II not criminal
means. the treasury OF the United states
was depleted to the extent Of t96,5OC,OOO
through the connivance. to give It no
harsher description, OF some of the chief
officers of the state and that this great
sum was divided among government favor
ties in the world of politics and finance. -
Mr.. Jerome expresses his conviction that
so serious a charge should not pass un-
challenged and that adequate justification
should be shown or those making 1t prop
erly punished.
From this point of view" the letter
continues. the federal authorities, 1t seems
TO me, have a distinct interest and a posi-
tive duty to perform, and from what you
tell me it would seem hat the jurisdiction
OF the federal courts is adequate.
Cause for state Action,
There is another point OF view, however.
While the whole people Of the United
States have been injured by the publication
OF such false and llbellous matter, the peo-
pie of this state have received a distinct
and separate injury in that one of it's citi-
Gems. Douglas Robinson, has had false
matter published about him in the com
munity in which he lives and is respected
the direct purpose and tendency of which
Is 20 brand him a dishonorable and dis.
honest man and one who was willing tc
trade on the honor of his brother-in-law
the president Of the United States.
This offense l am loath to allow to e.
unpublished, or at least without an effor
to punish It. Therefore. should Mr.. Robin
son express to me his wish to have Al
action for criminal libel instituted, l shall
institute such action, provided 1 may d.
so without interfering with a matter owe
which the federal courts have jurisdiction
and In which action has already been taker
by the federal authorities"
Penal Code is Quoted.
Mr.. Jerome then quoted section 67s of tn,
penal code, providing that acquittal o.
conviction on an offense committed in an
other state or county acts as sufficien
defense in the defense OF an attempted
reindictment for the same offense. This
he deems, would make 1t useless for him 4
obtain indictments X the federal authorities
were to obtain indictments. He believes
the state prosecution should take proceed
ence over one by the United States.
The article in question: his letter says
SIS an attack upon the integrity of higl
officers OF the government of the Unite'
States. in purpose at least upon the prest
dent himself and upon the president-elect
Further, there exists throughout tn
country a strong feeling, and from my poln
OF view a Just and wise feeling, that Grim
inal prosecutions should only be had II
the federal courts in matters strictly con
corning the United states and where n
adequate remedy elsewhere exists. 1t ma,
be wise that In obedience to this feeling
precedence should be given TO the stat
court.
ITO summarize: If Douglas Robinsoi
requests me to m actions for Grim
: inal libels against the persons responsible
. for this publication, l will do so, provide,
that the attorney general of the Unite,
4 States informs me that he deems It wis
! that the state prosecutions shall take pre-
cedence in the trial OF any indictment tina
nigh be found over the trial of any in
!. dictment against the same persons tina
! may be found for the same matters in tn
federal courts"
: Hearing Adjourned Until Monday.
4 Taken In connection with the fact tina
< the hearings today before the federal gran
q Jury were adjourned until next Monda,
e after but one witness. John f. Wier, a re
porter for the New York American, had bee
9 questioned. Mr.. Jerome's letter ia believe
a by many to argue the suspension, momen
: tarily at least. OF the federal inquiries an
: the early inception of an inquisition by tn
> state, with Mr.. Robinson as its movin
: spirit.
q MI. Robinson could not be seen in perso
regarding the new turn given to the Par
! anna case by Mr. Jerome's letter, but ser
!: word that whatever decision he took /
the matter would become known in du
I tine. For the present he had nothing
say.
D. Former World EmpIOye Examined.
WASHINGTON. Jan. T.-Upon resum
U ing it's inquiry today into the alleged 1
, belous articles in the New York worl
> and the Indianapolis News affecting III
Panama canal purchase. the federal gran
r jury heard j. w. Whitley OF New Yor
d City. a former employe Of the New Yor
2 World.
n Mr.. whitley'E testimony was niue
5 sought by the district attorney. He in
formed the grand jury that prior to IN
x publication Of the Panama canal stories /
q kthe World, the management OF the pape
knew they would render themselves liabl