Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-18
CHARGE PUSHED ON
PRIVATE COMPLAINT
Neither President Nor Govern
ment Party in Libel Case.
BAKER TAKES INITIATIVE
Probing Recent Criticisms of Pan
anna Canal Purchase.
GRAND JURY BEGINS INQUIRY
Charles P. Taft Will Testify Tomor-
well May Also Appear Then.

Lese majestic has no part in the in
quiry begun today by the local grand jury
into the question of criminal libel al
legged to be contained in publications in
the New York World and the Indianapo-
lis News criticising the purchase of the
Panama canal, according to rumOr cur
rent at the city hall today. Nor does
the question of the standing of the United
States government as the subject of
criminal libel enter into the proceedings.
The only question. it is understood. that
will be submitted to the grand jury is
whether the statements published in the
papers in question constitute criminal
libel against Douglas Robinson. brother
in-law of the President; Charles p. Taft,
brother of w. III. Taft and William Nell
son Cromwell, the New York lawyer. who
conducted the proceedings in connection
with the purchase of the canal. Another
question to be decided is whether the
sending Of these papers into the District
Of Columbia constitutes a publication Of
the alleged libel under the law.
United States Attorney Baker, when
seen at his office this morning, was as
silent as the sphynx, and declared posi-,
lively that no information concerning the
inquiry had leaked from his office, nor
would any Information whatever be given
out by him. Assistant United States At
torney Mcnamara. who. 1t is expected,
will assist in the conduct Of the inquiry
before the grand jury, was also appealed
to IN vain for information.
District Attorney Takes Initiative.
Although the officials of the district at
torney's Office would not talk. it is
learned from persons acquainted with
proceedings before the grand jury that
neither President Roosevelt in his pri-
vate capacity nor the government OF the
United States in its corporate right ap-
pears as the prosecuting witness in the
inquiry. The initiative IN the proceedings.
says this authority, came from United
States Attorney Baker on complaint of
William Nelson Cromwell or others of the
men alleged to have been DETAINED, and
the subsequent proceedings are only fol-
lowing the custom of the United States
attorney.
On information that a crime has been
committed the United States attorney
summons as witnesses all persons of
whom he can obtain any information of
the circumstances surrounding the al
legged offense and if he is of opinion that
the actions complained Of constitute an
offense under the law he Immediately
places all the testimony obtainable before
the grand jury for that body to decide the
question of fact If a crime has been COM
mitted. On the presentment by the grand
jury an indictment is framed by the
prosecutor.
History of Canal Purchase.
The inquiry began this morning at 80
O'Clock. the grand jury being summoned
I,s.If ",
meeting time. Although the proceedings
before the grand jury are absolutely
secret and no leaks are possible, it is
supposed that the first hour of the session
his morning was consumed in general
statement by Mr.. Baker or Mr.. McNa-
mara to the grand jurors OF the history
Of the purchase of the Panama canal
this history would likely be considered
necessary so that the jurors may be
placed in q position to understand the
character of the alleged defamatory state
ments and be able to decide the quest ion
of the truth or falsity of the charges and
whether as a matter of tact the three
men mentioned have been libeled.
TIL next step in today's hearing was
probably the exhibition TO the grand
jury of the copies of the newspapers con-
tanning the statements claimed to be
libelous, and the testimony OF witnesses
TO show that the papers or similar copies
were sent into this District and the proof
for the sending of the publications here.
One Witness Heard.
The only two witnesses summoned to
appear before the grand jury today were
Jerry A. Matthews of the Indianapolis
News and Charles Willis Thompson,
former Washington correspondent of the
World. MIR. Thompson did not appear, but
Mr.. Matthews spent just ten minutes in
the grand jury room. What ne had to say
could not be learned. but it Is probable
that he gave only perfunctory testimony,
tending to establish the connection of the
Washington bureau of the Indianapolis
News with the home office of that paper.
After hearing Mr. Matthews the grand
jury adjourned for the day at 12:05
o'clock
William Nelson Cromwell returned from
New York this morning. and it is ex-
peected that he will be witness before
the grand jury tomorrow. 1t could not be
learned positively this morning whether
Mr.. Robinson will testify.
The New York Proceedings.
The New York end of this inquiry is not
under the state law, supposed. but, it
was learned today, is federal proceeding
similar TO the local inquiry. A member
of the bar. speaking of the matter called
attention TO federal statute which
reaches out and covers all ofrenses com
Hlltteu on government reservations, and
he suggested that il is more than proba-
BILE that the proceeding in New York Is to
cover the dissemination of the alleged
libel at West Point, Governors Island,
tie custom house. Ellis Island and other
government reservations in the vicinity
OF New York city.
Should the New York grand Jury return
indictments, IL was suggested, il might
obyiate the necessity of extradition pro-
cee"dings 10 bring the New York persons
supposed to be involved in the inquiry to
this jurisdiction. in the event of indict-
aents being returned here.
Cannot Summon the President.
White House officials deny that there
Is possibility that the proceedings grow
ing out OF the criticisms Of the canal sale
will prevent Mr.. Roosevelt from making
his trip to Africa. Should there be indict-
ments by the grand juries now at work it
is not understood in unofficial circles.
away from the White House, how 1t will
COntinued on Second Pavel