New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-03-06
J. B. HEALING RESIGNS
BALKS At LIBEL CASE.
q. S. District attorney at Indian
apOLis Explains Stand IN Letter.

Washington. March 5-Joseph B. Healing. Unts6
States District Attorney az Indianapolis. has
signed rather than take part IN the efforts OF tho
Department OF Justice to bring Deiavan Smith 70
Washington TO stand trial for criminal libel in con-
nectiOn with publications concerning the Panama
Canal and railroad
Mr. Healing has held the Office Of United States
District Attorney for nearly eight years. and hiR
standing with the Department Of Justice is said TO
be high. In connection with the Elkhart Bank
case Mr. Healing prosecuted and convicted all the
officials Of that institution including Walter Brown.
who was his close personal friend and a member
of the Republican State Committee
c w Miller, who has twice been Attorney Cen
eral of Indiana, will be recommended BY senator
Beverage for United States Attorney TO succeed
Mr.. Healing.
Indianapolis. March 5-United States Attorney
Joseph B. Healing, who has resigned his once
rather than take part In the prosecution against
DeIavan Smith and Charles r. williams OF The
indianapolis News would make no statement to-
day regarding the matter. other than that con-
tanned in his letter Of resignation to the Attorney
General, which follows:
Indianapolis. March , 1893.
TO the Attorney General. Washington, D. G.
nv fn 9eg 20 ILIGIn yoT fha{ nave TO-DAY sent s
ss states
the District Of Indiana to the President OF the
United states, with the request that the same be-
I informed that indictments have been re-
turned by the grand jury Of the District OF CO.
Williams, 2ropTietOrs of The Indianapolis News
Tor criminal libel. and that steps will be taken to
remove them to the District for trial AS both
in this district, under the law II will become ny
official duty 10 assist in such removal proceedings
For almost eight years have had the honor Of
representing the government United States At
torney- During that time I have prosecuted all
alike. without fear or favor, where had an honest
belief in their guilt.
I have been compelled on several occasions to
prosecute personal friends. but in each I did
Tine Slt me Of their IiiT ia" con-
In this I have made careful investigs
Of the law applicable thereto As TO the guilt or
innocence OF the defendants question OF libel I do
not attempt to say If guilty, they should be prose-
cut d. but properly indicted and prosecuted In the
right place, viz, at their homes. 1t is only with
the question of removal that have to do.
I in accord with the government in its
attempt to put strained construction on the law
TO drag the defendants from their homes to the
seat OF the government to be tried and punished
while there is good and sufficient law in this
jurisdiction in the state court believe the prtr-
ciple involved is dangerous striking at the very
foundation of our form Of government cannot,
therefore honestly and cOnscientOusy insist TO tbs
ton should put # Not being able DO this.
do feel that I in justice to my office,
tinua to hold It. and decline to assist
In order. therefore TO relieve US both Of any
barrassnnent, I have rendered my resignation and
have asked that il be accepted not later than
March 10 1909 7 have made il OF this date in order
that President Taft-fOr whom 7 have the highest
respect and admratiOn-nay have time mans
nv successor. Respectfully,
JOSEPH 3. HEALING
United States Attorney.