Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-19
H. F. Taft WITHHELD THEM
Court Directs That He Submit
Smith Dispatches to Grand Jury.
DOUGLAS ROBINSON ON STAND
Post Office Employees, Newspaper
Men and Newsdealers Also
Are Witnesses.


the grand jury of the alleged libel con-
corning Douglas Robinson, Charles +.
Taft and William Nelson Cromwell was
sprung this morning about 11:2O o'clock,
when II. Frank Taft. local manager OF
the Western Union Telegraph Company,
the second witness examined, declined to
exhibit to the grand jury certain mes
sages received in New York December e,
I and last signed Smith or Delavan
Smith.
United States Attorney Baker immedi
ately proceeded with the witness and the
grand jury before Justice Gould in Crmi-
nal Court No. 1. Foreman Devine of the
grand jury presented a statement to the
court showing that Mr.. Taft had declined
to exhibit the kilograms. Justice Gould
directed the witness to show the grand
jury the messages.
MIR. Taft told the court that his refusal
was based on a rule OF his company which
requires that when demand is made for
the exhibition of a telegram by a person
other than the sender or addressee the
company will decline to accede on tile
and privileged. He advised Justice Gould
that If the court should make contrary
ruling he was perfectly willing to ex-
hibit the messages.
After the courts order, Mr.. Taft return
ed to the grand jury room and continued
his testimony.
New York Men Not Needed.
- 70 T,.c-
tice Gould shows that on January Ia sub.
poenae duces tecum were issued to ]. B
Van Every, auditor Of the Western Union
and E. NJ. Mulford. superintendent of the
company at New York requiring them ts
bring with them all original messages re
ceived by their company in New York
city on December l. z and s last signed
by Smith or Deiavan Smith and ad'
dressed to Charles r. Williams of the
Indianapolis News. or any other mes
sages sent from New York on above
Delavan Smith. The grand jury asked
that the presence of the two above named
officers be compelled by process Of court
No proceeding was taken by the court
against the two officers of the telegraph
company because. as Mr.. Baker explain.
ed to Justice Gould. Mr.. Taft had brought
the messages needed. and If he was di.
rected to furnish them 1t would not be
necessary TO secure the attendance OF
the two other officers of the telegraph
company.
The first witness heard today was
Douglas Robinson, brother-in-law OF
the President. He timed his arrival at
the city hall SO as to be Immediately
ushered into the grand jury room when
the jurors assembled at IL o'clock.
Fifteen minutes was consumed in tell
ing his story to the grand jury. Mr..
Robinson fastened from the courthouse
after courteously declining to be inter-
viewed.
Manager Taft of the Western Union
followed Mr.. Robinson before the granI
jury.
At 1890 o'clock Mr.. Charles p Taft,
brother of w. H. Taft, entered the grand
jury room. He consumed less than ten
minutes in giving his testimony.
Both before and after testifying Mr..
Taft waived aside ali the newspaper men
who crowded around eager for informa
ton. He declared he had nothing to say.
After few minutes private converse
ton with Mr.. Baker in the latter's office
Mr. Taft. accompanied by Detective Serg,
Frank Helan left the building. Mr.. Baker
sent Mr.. Helan with Mr. Taft to prevent
the latter being annoyed by photog
raphers, who had been awaiting him.
The witness room adjoining the meet.
ing place of the grand jury was crowded
this morning. Among the witnesses.
practically all testifying, were John c.
Campbell and William Kemp, employees
of the United States post office at New
of the Indianapolis News, Otto Carmi.
chael, Z. Jesse Conway and Charles AL.
bert of the New York World, and five
newsdealers at local hotels.
The grand jury took recess at 1:3t
o'clock until tomorrow at IL o'clock.
Precedents in Law.
That the district attorney is not exer
cised over the question Of his power 10
procure the removal of persons against
whom indictments may be returned in
connection with the alleged libel from
New York or Indiana Is the general be-
lief about the city hall today. The deci
sion In the case of criminal libel against
Charles A. Dana. editor of the New York
Sun. in 1895, made by Judge Brown,
holding that libel was not a removable of
fense because 1t was crime against
the United States In the District of Co
lumbia only, has been overruled, said
prominent attorney today, by the United
States Supreme Court, and recently by
the same tribunal that rendered the
Dana decision.
The United States Supreme Court de-
cisions allowing the extradition to this
District cited today are Hyde agt. Shine
149 L. 81, Beavers agt Henkle O97
U. S. and Benson agt Henkle C9S L. 81
The most recent decision favoring the
removal 10 tDlS blSlTlCt OH a charge OF
common law offense was decided in
the district court for the southern district
of New York by Judge Adams February
q last Richard H. Wimsatt, with others
was indicted here on the charge of con-
spiracy to defraud the Washington Rail
way and Electric Company by securing
car tickets in New York from the firm
making them and sending the tickets to
Washington to be disposed of at cheap
rates Judge Adams sent Wimsatt back
to Washington, where he is now on bail
awaiting trial.
The Wimsatt decision holds that the re-
moval of an accused person from a fed
eral district to the District of Columbia
for trial cannot be defeated because the
acts charged In the indictment are COM
mon law offenses. The District of Colum-
bia being a part of the United States. .
crime committed here is an indictable Of
fense against the United States.
Libel Is Statutory Offense.
While these later decisions appear b
make certain the attendance Of persons
living outside the District on an indict.
ment charging common law offense. u
is said. the District attorneys case would
be strengthened by the fact that while
libel is a common law offense in the Dis
trict, it is also statutory one. Thu1