Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-18
Wording of the Subpoena
Attacked in New York

NEW YORK, January 1S.-The nature
Of the proceedings which have been insti-
tuted against the New York World and
the Indianapolis News because Of their
criticisms Of the method by which the
purchase Of the Panama canal was made
was not disclosed in the brief hearing in
court here today. Acting under instruc-
tions believed to have been issued by au-
thority of the United States government,
United States District Attorney Henry
L. Stimson had subpoenaed William b
Mclaughlin, sporting editor of the World
and j. Angus Shaw, secretary Of the
Press Publishing Company, to testify be-
fore federal grand jury today in an &C
ton which was not disclosed in the sub
poenas. 1t was believed, however, to b
the outcome Of President Roosevelt's mes
sage to Congress which protested against
the linking the name of Charles p Taft,
brother of the President-elect and 7
Douglas Robinson, the Presidents broth.
er-in-law, in criticisms of the canal pur-
chase.
Proceedings Halted.
The proceedings were halted by an
order obtained by counsel for the Worlds
editors calling upon Mr.. Stimson to show
cause why the subpoenas should not be
quashed. Brief argument was heard by
United States Circuit Judge Henry G.
Ward today on the motion to quash the
subpoenas, after which an adjournment
was taken until o'clock this afternoon,
when Judge Ward will. hear further argu-
ments.
John NJ. Bowers and Delaney Nicoll
appeared on behalf of the World en-
ployes. Mr.. Bowers attacked the form OF
subpoena with much heat, chara cteriZing
1t as "a startling procedure" "a depar-
ture from immemorial custom and IAN
abuse of process" 1t was the ordinary
printed form of subpoena, but the words
''in a certain cause now pending and I'M
determined in the said court between the
United States of America and were lined
out. and the witness was required to tes-
tify generally
Judge Ward seemed much impressed by
Mr.. Bowers argument, and interrupted
him to call upon District Attorney Henry
l.. Stimson to defend the issuance of the
subpoenas.
I'VE simply followed the practice recog-
nized for fifty years." said Mr.. Stimson
1T was the form used in the banking
cases. IN which indictments were found
against Morse and Curtis. 1t was also
used in the Price cotton leak case, and
here Mr.. Nicoll raised this same point
and the Supreme Court decided against,
him.
Practice Regarded as Dangerous.
Judge Ward expressed the opinion that
the practice was a dangerous one, mas
much as the witness might be compelled
to testify against himself.
THE practice ought to be made as safe
in the hands of bad district attorney
as in a good ONE declared the court
But this is no different from the John
Doe proceedings" argued Mr.. Stimson.
(which rest on the general inqusitorial
powers of the grand jury. This question
goes to the fundamental theory of what
a grand jury is for. How can / name
the defendant until / know who he is?
1t should be recalled that thus far, there
being no indictment, the district attorney
Is not advocate-he is a judicial officer
Mr.. Nicoil wanted to be heard, but there
was no time for him this morning. He
will present his argument at 4 o,clocl.