The evening world., 1909-03-05
RESIGNS RATHER
THAN ACT IN THE
PANAMA CASES
United States DiStrict-Attor-
ney KeatinS, of indianapolis,
Objects to Procedure.


| AFTER DlStrlci-SttprNey Stlt0sDr lad an
nounced that two indictments had been
found asked for delay Of two weeks
before pleading, stating that the iniict-
ment was cNtr emely voluminous. and
that the charge Of Incl in his Instance
vas without precedent, and that, fur
Their tn. defendants were threatened
with proceedings next week In connec-
ti"n with the indictments in Washing
ton.
Mr.. Well said the time asked was
reasonable one in view OF the fact
that the prosecution being an UNI
prcCedented one, the charge being CTR
/ culntion OF alleged libeIlous matter
on Government territory, the General
Post ONCE and the Military ressrva-
ton at West Point. Mr. Nicholl de
clared that never since the establish
ment OF this republic had there been
such novel prosecution. Another
| reason why he asked for the two weeks
delay in pleading, he said, was because
| the defendants had been indicted for
| substantially the same offense In the
! District OF Columbia and were threat
ened with removal to Washington u.
| c., for trial on that charge He in
formed Judge Holt that Assistant Dis
7 trict-A,tOrney Mcnamara Is expected
here next week TO prosecute the Wash
ington case and he would have ample
time TO do so because L. :. District
Attorney Healing, OF Indianapolis had
resigned rather that participate in the
efforts Of the Department OF Justice TO
bring Delevan Smith OF the lnd!anapo-
| lis News. and Joseph Pulitzer to Wash
| ngon to stand trial for criminal libel
in connection with the publication OF
matter concerning the Panama Canal
scandal
Samuel Untermyer, FOR Editor Van
/ Hamm, Joined in the application for two
weeks time to consider what line o. az
ton he would take In behalf Of his eli
ent. He said that the prosecution being
an exceedingly novel one 1t would in
volve protracted and critical eNamIna-
ton OF the indictment. lie said that the
| time asked was reasonable under the
circumstances. and that ther. therefore
| The Government had seemingly been in
no great hurry In the matter.
| District ttornay Stimspn, answering
| Lawyers Nicoll and Untermyer assert
| ed that a week was sufficient time TO
| fling Of demurrer or the entry Of a
| plea OF not guilty. Mr., Stimson said
| they contain fourteen counts which are
short and brief. and ought TO be readily
answered. He further declared that the
defense has been In the possession for
three months Of statement Of the
| Government position In the matter
| Mr.. U'ntermyer. still pleading for the
two weeks asked for by Mr.. Nico.l,
Judge Holt interrupted him 10 say. that
It was the practice in the courts OF th!s
district to allow defendants weeks
time to decide as to a demurrer or en-
t SCns that a o. be e0 su sH1f inc for
counsel engaged in the case, ,.
This is a matter OF great impor-.
/ lance" replied Mr.. untermyer, and |
see no reason why should be driven
TO that extent want time to confer
with counsel for the defendant corpor-
alton and 70 determine on the question
| OF policy 10 be pursued. This is an
exceptional case and should not be
acted upon in hurried manner"
1T seems to me that IT. is the prac-
.
thing remarked Judge Holt, while
| they had full protection in the old
/ fashioned way by pleading not
/ guilty
Judge Holt finally granted weeks
| adjournment.
Is in the Washington indictments,
/ Theodore Roosevelt Douglas Robinson.
/ charles p. Taft, William Howard TAFT
and William Nelson Cromwell are the
complaining witnesses, and the lnd!ct-
ments consist Of fourteen separate
counts. each against the Press Pub
rsninE Company and against Caleb NJ,
Van Hamm.
elusive are tor the circulation OF al
legged libclous articles on Oct. g. 1, two
on the = Il, Is and 10. in the Govern.
. ment Reservation at West Point, and
counts number to II are for circuat-
Ing the same at the Post.Off1ce build
ing. this city. The possible penalty IS
$50 fine and one years imprisonment
on each count.
special charge Is made that TWEEN
ty.nins copies Of the alleged nbellous
articles were delivered in West Point
at the Post Exchange, and that one
copy Of tho same was delivered TO
walter s. Mayer, In Room No. ZOE,
who is tho chief Poss-ofics Inspector
for tiis district.
The seven articles, which were print
Cd In The World on the dates men
toned, are copied in full, with head
line, and each article constitutes one
count, In each Of the places, West
Point and New York. which makes a
total Of fourteen counts in the In
dictment against the Press Publishing
COMPANY. and the same number In
the Indictment against Caleb Van
Hamm.
After complete copy OF the article
concerned in each count the Indictment
gainst the Press Publishing Company
reads
And go the Grand Jurors aforesaid
upon their oath aforesaid, do say that
the Press Publishing Company. In the
manner and form and at the time afore'
aid and in a place which has been
added ~ and was ana is. under the
Jurisdiction ~ the United States un-
lawfully d!i commit the otrense o. false
,ly wickedly, knowingly, mal!cIously
and sc.n4alglsly, composing. writing
printing and publishing criminal libe
rpou the said Theod0r" Roosevelt
douglas Robinson William Howard
Tan. Charlie i Taft and William Mel.
son Cr"mweii To tIeig, great damage
scandal. MANY and disgrace, 10 the
evil example Of all others In like case
Offending and against the peace ant
dignity - tie United States
the copies Of the newspaper articles
nj question have mad" these 'ndi0t,
usnts extra yn'umin us. though Rpar
from such copies the papers would b,
nothing ont NJ tie ordinary
on. hundred rlf eigh'v-nine pGEe,
vs'a covered each NJ n - IudC'msl Ut,
against sic Ir..s Publish ng COMPANY
ana agalrs' caleb " Van Tfamm.
rNHhINE Gel EDc LCI n