The sun., 1909-02-18
JOSEPH PULITZER INDICTED
AND Also. THE EDITOR OF THE
INDIANAPOLIS "NEWS."


Psnama Canal Case-Bench warrsnt'
Have Been Issued for Their Arrest
WASHINGTON, Feb. 17.-Bench warrants
we're issued to-day by Chief Justice
Clabaugh in the Supreme Court OF the
District OF Columbia for the arrest anc
transportation to Washington OF JOSEPH
Pulitzer, editor Of the New York World
Caleb NJ. Van Hamm and Robert II
Lyman OF the World stan and Delavar
Smith and Charles r. Williams OF the
India nap polls Nens. The warrants fol
lowed swiftly the return Of indictments
for criminal libel against the men named
by the Federal Grand Jury. This actor
was based on the publication in the two
newspapers OF alleged libellous articles
concetuing the purchase of the Panams
Canal rights by the United States The
indictments hold that the published
matter libelled President Roosevelt
President -elect Taft, Charles p. Taft
Douglas Robinson. the President brother
in-law: J. Pierpont Morgan, Senator-elect
Elihu Root and William Nelson Cromwell
byfalsely charging that Cromwell. Charles
p Taft and Don glas Robinson composed
syndicate Which made profit Of nearly
s3e.coO, 600 10 the Panama Canal affair.
The warrants we're placed in the hands
OF the United States Marshal for the
District of Columbia and they will be
forwarded 10 the United States Marshals
in New York and Indianapolis, When the
warrants are cerved the indicted men
viii be .aken before United States
Commissioner for wa rrant OF removal 10
thio city.
pesidas tlIe indictment found against
Mr.. Rliiszer and the other New York
World men ansindictment is also directed
against tho Press Publishing Company,
which publishes the New YORK World,
and Otto Carmichael, head Of the World
bureau here. has been served with a
summons: The President OF the United
States to the defendant. the Press Pub
hshing Company. body corporate,
greeting: The defendant. the Press
Publishing Company. a body corporate,
is hereby summoned to appear in this
court forthwith 10 answer 10 the indict-
ment in this cause pending against it,"
Assistant District Attorney Mcnamara
said this afternoon that the Government
could proceed with the trial of the Press
Publishing Company irrespective Of the
ividuals indicted. and il found guilty
'on each Of the five counts the company
could be fined 5000 or 81 600 for each
count. II is being said that the attorneys
for the defence will stand on the decision
in the Dana case. where an attempt was
made 20 bring Charles A. Dana from
New York 10 Washington on warrant
e. answer in n suit for criminal libel in
stituted in Washington by Frank B.
Noyes. Mr.. Dana successfully met the
issiie in New York by habeas corpus pro-
oeedings. Notwithstanding the outcome
M; the Dana case. the Government at
tnrneys believe they can find means OF
Bringing the indicted men to this city
20. stand trial.
district Attorney Baker is relying on
the decisions in the case of Hyde. Benson.
Schneider and Dimond. all non-residents.
who were. indicted here for conspiracy
d defraua the Government out OF land.
At fouf Fought the bench warrants
issued for them under section 1914 of the
Revised Statutes. but in the end the
Supreme Court decided against them
and they we're brought here and tried.
II is under section lOl4 of the Revised
Statutes that these indictments are also
returned
This statute provides that for any crime
or offence against the United States
the offender may be held for trial before
sueh court OF the United States as by law
has cognizance Of the offence 1t pro-
vides further:
md
is committed in any district other than
that where the offence is 10 be tried it
shall be the duty of the Judge of the dis
trict where such offender or witness is
imprisoned seasonablv 10, issue. and OF
the marshal TO execute, warrant for
bis removal to the district where the
trial is 70 be had
The indictments are based on section
SIS OF the District code, which recites.
Whoever publishes libel shall be pun
ished by fite not exceeding 81 900 or
imprisonment for term not exceeding
five years or both"
The indictments are Illustrated with
reproductions Of cartoons which appeared
in the World and in the Neus, and the
Government holds that these cartoons,
taken in connection with printed state
ments. form the libel. A history Of the
Panama Canal down to the time of the
transfer to the United States is given as "a
preamble 10 the indictments and made
part Of thon.
There are Ave counts 10 the Pulit zer
indictments In the first count Charles
?. Taft. Douglas Robinson and William
Nelson Cromwell are the parties said
to have been libelled in an article. accom-
PANIED by pictures Of the men. under
the heading Men Who Figure in Rumors
About Great Panama Canal Deal" In
the second count William Nelson Crom-
well, Charles P. Taft and J. Pierpont
Morgan ere said to have been libeled
in. a. publication Of October ]. In the
third and fourth counts President Roose-
welt. William II. Taft. Charles p. Taft.
Douglas Robinson and William Nelson
Cromwell are said to have been libeled
in a publication of October Il. In the
fifth count President Roosevelt, Elihu
Root, Douglas Robinson. Charles p.
Taft and William Nelson Cromwell are
said to have been libelled in publication
OF December 10.
In the fifth count it is stated that Messrs.
Pulitzer, Van Hamm and Lyman -unlaw-
fully and maliciously contriving and
intending to villify and defame the said
Theodore Roosevelt. President of the
f@sN H.