The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-03-05
HEALING RESIGNS.
Rather Than Aid in Prosecution of
Pulitzer and Smith.

Washington, March 5.-United
States District Attorney Healing at IN
dianapoliS, has resigned rather than
participate in the efforts of the de-
partment of Justice to bring Delevan
Smith and Joseph Pulitzer to Wash
ington to stand trial for criminal Ii
bel in connection with the publica-
lions concerning the Panama canal
and railroad.
Mr.. Kealing's standing with the de-
partment of justice is said to be high.
In connection with the E1khart bank
case Mr.. Healing prosecuted and con-
victed all the officials of that inStitu-
ton, including Walter Brown, who
member of the Republican state COM
mittee.
Gives His Reasons.
Indianapolis, March 5.-United
States Attorney Joseph B. Healing,
who has resigned his office rather
than participate in the prosecution
against DeIavan Smith and Charles
R. Williams of the Indianapolis News,
would make no statement today re-
garding the matter, other than that
contained in his letter of resignation
to the attorney general, dated March
2 In that he says:
''Sir:-I beg to inform you that /
have today sent my formal res1gna-
ton as United States attorney for the
district of Indiana, to the president
ct am informed that indictm ents
have been returned by the grand jury
of the district of Columbia against
Delavan Smith and Charles X. VIII
Iiams, proprietors of the Indianapolis
News, for criminal libel and that steps
will be take nto remove them to that
district for trial. AS both are IN this
district, under the law it will become
my official duty to assist in such re-
moval proceedings.
ffEOIs almost eight wears L nave mad
the honor of representing the gov
eminent as United States attorney.
During that time I have prosecuted
all alike, without fear or favor, where
1 had an honest belief in their guilt.
''I have been compelled on several
occasions to prosecute personal
friends, but in each case I only did so
after thorough Investigation had
convinced me of their guilt.
Only Question of Removal.
''In this case, 1 have made a care
full investigation of the law applicable
thereto. AS to the guilt or innocence
of the defendants on the charge 1 am
not to say. If guilty they should be
prosecuted in the right place, viz: At
their homes. 1t is only with the ques-
ton of removal that I have to do.
ST am not in accord with the gov
eminent in its attempt to put strain
ed 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 a good
and sufficient law in this jurisdiction.
in the state court. I believe the prin-
chile involved is dangerous, striking
at the very foundation of our form of
government. I cannot, therefore, hon
estly and conscientiously insist to the
court that such is the law, or that
such construction should be put on it.
Not being able to do this, I do not feel
that I can, in justice to my office, con-
tinue to hold it and decline to assist.
''In order therefore to relieve us
both of any embarrassment, I have
rendered my resignation and have ask
ed that it be accepted not later than
March Is. 1909. I have made it of
this date in order that President Taft
for whom I have the highest re-
sept and admiration-may have time
to name my successor. Respectfully,
(Signed.) "JOS. B. HEALING.
Omitted States Attorney"