Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-10-12
Proprietor Of Newspaper Charged
With Misrepresentation.
PURCHASE OF PANAMA CANAL
Effort to Remove Defendants to
Washington for Trial Under
Federal Indictment.

News is finished in so far as Is concerned
its attempt to establish the fact that
they had criminally libeled former
President Roosevelt. President Taft, Will
liam Nelson Cromwell Douglas Robinson.
Charles p. Taft and others in charging
that they were more or less directly re-
sponsible for an alleged illegitimate profit
Of $2S.0O0OO0 through the alleged pur-
chase of the Panama canal securities in
France for $12,OO0OOO and their sale to
the United States government for $40
10000
Queries Propounded.
What constitutes criminal libel?
Is the United States court OF one dis
trict empowered to remove defendants
for trial in a proceeding for criminal
libel to another district than that in
which they reside?
These were the questions at the opening
OF the second days hearing of Delavan
Smith and Charles r. Williams, proprie-
tors Of the Indianapolis News, charged
with criminal libel In the Panama canal
controversy before Judge Anderson to-
day.
Stuart Mcnamara. representing the
United States Department of Justice,
seeking the removal of Messrs. Smith and
Williams to the District of Columbia for
trial under a federal grand jury indict-
terday.
Court Expresses Doubt.
Judge Anderson. discussing with Mr.
Mcnamara tho contested points, had ex-
pressed his doubt that the publishers of
the Indianapolis News had committed ma
licious and criminal libel in printing arti-
cles alleging that there was corruption in
the sale Of the Panama Canal Zone to this
country, and further had stated that he
was undecided as to whether defendants
in such an action as this should be tried
In the district in which the newspaper
containing the alleged lbelous articles
was published or in any district in which
the newspaper circulated and In which a
proceeding against the publishers was in
stftuted.
Arguments for Defendants.
That section 1O14 of the United States
statutes was never intended to authorize
the removal Of defendants from one dis
trict to another for trial unless they
were fugitives was maintained today by
John d. Lindsay of New York. counsel
for the New York World in the Panama
libel case" before Judge A. B. Anderson,
in the United States court.
Mr.. Lindsay was assisting Ferdinand
Winter. counsel for Messrs. Smith and
Williams. The trial OF the publishers Of
the New York World on similar charge,
but in the defendants own district court
of New York is to be called within O.
month, 1t is expected. There is. how
ever. en- indictment by the grand jury of
the District Of Columbia against the New
York World.
Mr.. Lindsay and Delaney Nicoll had
oh, Nf,-
Lindsay offered to the court today, op-
posing the removal of Messrs- Smith and
Williams. He said his clients were In
terested in the precedent possibly to be
set in this court.
Mr. Lindsay argued that there was
no offense under federal law that was
not punishable at the place where the
person was when he committed the Of
Tense, and that the law did not con-
template that a trial Of defendant
should be elsewhere than in his resi-
dence district and in any district to
which the government might wish to
take him for trial.
In the case in hand, he concluded, the
defendants should be tried at the place
where their newspaper was published,
of the many districts in which copies
of their newspaper was circulated.
Menace to Liberty.
Great danger to the institution Of
liberty is threatened in a possible court
order removing the publishers of the
Indianapolis News to the District of
Columbia for trial in this proceeding
for criminal libel said Mr.. Winter.
Following Mr. Lindsay for the defend
ants.
Consider that the power Of the Presi
dent Is greater than any crowned king.
said Mr.. Winter. land the District of
~ % ASat
is inhabited by many persons dependent
upon the government machinery for their
livelihood; consider that this libel pro-
ceeding was brought about by an in
message from the former
President to Congress-; consider that the
whole immense power OF the executive
department is behind this indictment.
and, finally, consider that these defend
ants, II taken to the District Of Columbia
for trial. should have to appear before
and ofacehclders Of the very machinery
that is behind this prosecution"
Mr.. Winter pointed out that there never
had been removal OF defendants to
the District Of Columbia in a proceeding
for criminal libel. He argued also that
the statute on seditious libel in the Dis
trict of Columbia. which provides excep-
tionally severe fines and imprisonment,
was not intended to cover such exam
pies Of libel as that charged against
N1SS6IS. 0IIllth 6tUO VlIAuiuS. T vi lioA'
he declared 1t was never intended that
section 1Ol4 Of the revised statutes should
provide removal for libel.
More or Less Political.
The so-called Panama libel case" was
more or less Of political matter" was
the comment Of Judge A. B. Anderson.
Of the United States district court. at the
close Of argument yesterday in the hear
ing of Charles r. Williams and Delavan
Smith. proprietors of the Indianapolis
to remove to the District of Columbia for
trial on the charge Of criminal libel.
The court said that II wished not to
give an impression that It had formed an
opinion on the merits Of the case. but
that 1t wished to point out the trend Of
the argument towards its further enlight-
eminent as to whether or not this was
probable cause for Indictment of Messrs.
Williams and Smith by the federal grand
jury Of the District Of Columbia for GRIM
inal libel In their having published ar
ticles intimating that there was graft"
Of SEE. O0O.0 600 in the sale Of the Panama
Canal Zone to the Unitel States by the
French company.
What Is the guilty intent to be shown
on the part Of these defendants?' the
court asked Stuart Mcnamara. special at
torney Of the Department Of Justice in
charge of the proceedings The judge
went on to explain that he has doubt that
1t could be shown that the defendants
had malicious forethought to libel former
Charles P. Taft, William Nelson Crom-
Dbl,