Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-29
Refuse to Testify in Panama
Canal Libel Case
AS CONSTITUTIONAL RIGHT
Takes Ground That He Would In
criminate Himself by Evidence.
CR0MWELL'S PARTNER HEARD
Farnham's Hearing Brief Before the
Grand Jury-Adjournment
Is Taken Until Monday.

]. Angus Shaw, OBSERVATION-DISCLOSURES of
the Press Publishing Company, publishers
of the World of New York, against which
the inquiry now pending before the Dis
trict of Columbia grand jury in connec-
ton with the alleged Panama canal libel
testify.
After responding to certain formal ques-
tons as to his connection with the COM
pany, Mr. Shaw invoked his constitutional
prerogative not to be required to bear
witness against himself, and courteously
declined to answer the further inquiries
propounded by Mr.. Baker.
Mr. Shaw was excused and told to re-
port Monday morning. The question OF
his right to decline to answer before the
grand jury, 1t is expected. Will be pre-
scented to Justice Gould in Criminal Court
No. 1 Monday morning.
The grand jury will sign statement
of the facts and the questions to which
answers were denied. Mr.. Shaw Will be
called on to show to the court how the
answers fall under the privilege guar
anteed by the Constitution
Usual Procedure.
The usual procedure in such cases is for
the court to privately consult with the al
legged contumacious witness. Ii the latter
can satisfy the court that the responses
sought would tend to incriminate him his
request is granted Otherwise he is di-
rected to answer.
similar condition arose here when
the grand jury was inQuiring into the
cotton leak matters in the Department
of Agriculture. Moses Haas, one of
the men afterward indicted. was called
before the grand jury. Mr.. Haas de-
clined to respond to the inquiries Of the
United States attorney and he was
taken into court.
Mr.. Justice Wright then presiding
in the Criminal Court, advised Haas as
to his rights. When Haas returned to
the grand jury room he was excused
and an indictment followed.
Mr.. Shaw was accompanied from New
York by John D. Lindsay Of the law firm
Of Nicoll. Anable, Lindsay & Fuller. New
York counsel for the World and by At
torney Henry E. Davis of the Washing
ton bar, who remained in the vicinity
Of the grand juryroom while the effort
was being made to examine Mr.. Shaw.
The first witness examined today was
Roger Farnham Of New York. associated
with William Nelson Cromwell in the
law firm of Sullivan & Cromwell of New
York. Mr.. Farnham consumed only twelve
minutes Of the time Of the grand jury.
1t is supposed that he brought some in
formation which Mr.. Cromwell was not
prepared to give last Saturday.
Cotterill Is Witness.
Charles A. Cotterill. a Washington rep
resentative of the Associated Press, next
called, stayed about two minutes. 1t is
conJectured that he explained that Mel
vile E. Stone, general manager Of the
Associated Press. who was subpoenaed
as a witness, was not in possession Of the
information expected to be cleaned from
him.
Mr.. Shaw arrived at II 30 o'clock, and
came out of the grand jury room at 2:O5
o'clock, at which time recess was taken
until l o'clock. When the grand jurors
reassembled 1t was decided to adjourn
until Monday morning at 1890 o'clock.