New-York tribune., 1909-01-17
PANAMA LIBEL SUIT ON
WITNESSES SUMNONED BY
GOVERNMENT
S'F Washington Correspondents and
Ne7csboy Subp@naed- NoUelty
an Federal Jurisprudence.

next week before federal grand juries and give
testimony presumably in connection with state
ments bearing the Panama Canal purchase
So far as it has been possible to ascertain. the
following were the only ones cited: otto Car
michael. Charles s Albert and r Jesse Con
way. all of the New York World staff: James
Hornaday. of The Indianapolis News: Jere-
miah Matthews. of The New YORK sun: Har-
ris NJ Crist Of The Brooklyn Eagle" and
William Smith. newsboy os Washington en-
gagged in selling New York papers. With the
exception of Mr.. Crist who is commanded to go
to New York and present himself Monday
morning before the grand jury Of the Circuit
Court for the Southern District all are directed
to appear before the federal grand jury of the
District Of Columbia Tuesday morning The
World" men also We're directed to bring with
them files of the paper for September, October.
November and December 1908 ..in the case of
the United States rs. the Press Publishing
Company" publishers of the New York
World" All declared that they ignorant
Of the nature OF the case regarding which they
We're called upon TO testify
There is doubt here that the subppnas have
TO do with suit for libel which it is believed
has been brought by the government in New
York against the World"
1t was the publisher of "The New York Sun"
in connection with the publisher Of The Ind
annapolis News''-Messrs. Iaffan and DeIavan
Smth-whom the President denounced in
letter dated December / to William Dudley
Foulke. and in his special message to Con
gress of December 10 regarding the charges
of corruption by behalf Of the government
in regard TO the canal purchase the President
announced that the Attorney General had under
consideration the form in which proceedings for
libel against Mr.. Pulitzer should be brought.
Never before has the United states govern
meEt sued for criminal libel. The President in
his message was most emphatic in saying that
it should not be left to a privat" citizen to be-
gin the suit, and he was particular to say that
he did not believe we should concern ourselves
with the particular individuals who wrote the
lying and libellous editorials articles from cor
respondents, or articles in the columns.
The real offender is Mr.. Joseph Pulitzer editor
and proprietor Of The World 1t is there
fore inferred that the correspondents sum
moned witnesses. and not with the ultimate
idea Of making them co-defendants
All efforts to OBTAIN any information at the
office of the District Attorney here regarding the
particular statute under which the suit has been
brought failed District Attorney -Reke-- 8, e
his office cars and went his home in GER
mantown Md, and could not be reached His
assistants refused to discuss the subject In any
Of it's phases Attorney General Bonaparte
not to be found, and the officials Of his depart
were silent.
As the subpoena had been served on
him Mr.. Carmichael got in touch with his office
in New York and took afternoon train for
that city. where h. will hold conference with
his superiors. 4 don't know what it Is about"
said Mr.. Carmichael. and l have had no infor
nation from the Office about the matter"
That every effort made to prevent any
leak in New York before the suhponas Were
served is shown by the fact that Mr. Crists
subpoena was directed 10 John Crist, the in
dorsement later being written upon il that
John" fictitious name. ri" fact that
Mir. Crist has been ordered to appear before a
federal court in New York is regarded evi-
dence that If any purpose had been entertained
to bring such an action in the New York state
courts il has been abandoned. perhaps owing 10
advice from District Attorney Stimson that such
a course was not feasible. or again, perhaps be
cause OF the refusal OF District Attorney Jerome
to undertake to present such case TO the state
tribunals.
Grand jury proceedings in the District of CO.
lumbia always conducted with the greatest
secrecy. The District Attorney strongly re-
sents any effort to seek information for the
press as to the procedure in such cases before
an indictment has been returned, and offenders
are subject to severe penalties for interference
with the OF justice. It is difficult, there
fore to ascertain the lines of procedure of the |
government in these cases
Additional interest is lent to the case by the
presence in this city of William Nelson Crom-
we'll who represented the canal company in the
negotiations with the government Several at
tempts were made to see him at his hotel. but
all callers were informed that he not in.
At the White House nothing learned
which would throw any light on the case
Indiana polls. Jan 16.-s;iX Indianapolis men |
were served with subpHnas late to-day to ap- |
J7car before the federal grand jury in the Dis |
trict of Columbia at Washington on next |
Wednesday and give testimony, presumably in |
regard to the matter printed in The indianapolis
News" bearing on the Panama Canal purchase !
Four of the summoned connected |
with The News" They Hilton G. Brown. |
general manager; Bart Parker, cashier; Edward |
Harding foreman of the composing room, and |
Charles Clark bookkeeper The others who will !
give testimony are Albert Sahm. County Au- |
ditor, and NJ. l. Berry. County Assessor. 1t is |
presumed they are called establish the own |
ership Of the paper; in other words that Mr.. |
Smith appears as such on public records
The World" prints the following statement |
this morning:
Subpoenas were served yesterday William |
p McIoughlin the editor of sports and athletics
of the Press Publishing Company, and j. Angus
Shaw the secretary of the company, requiring |
them To attend on the 18th day of January, 1909.
at fO:3 of the fcrenocn, before the United |
States Grand Jury to testify all and everything
which you may know generally on the part OK
the United States SubpOenas in this form
seem unprecedented in the history of the Grim
nal law.
s,,bpoenas that a general investigation is sought
i'm anv and all subjects of which the witnesses
have any information. without requiring that
such information be given in proceeding which
is under investigation by the grand jury as is