The sun. [volume] (New York [N.Y.]) 1833-1916, 1909-06-03
PANAMA LIBEL CASE PUT OFF
GOVERNMENT ATTORNEYS NOT
READY TO PROCEED. =
Want Tim 10 Call witnesses by Whom to
Prove That story Had No Foundation
Court Intimates That GOvernm ent
COUNSEL Should Have Been Prepared.


INDIANAPOLIS. June 2.-The case 0
the Government against Delavan Smitl
and Charles r. Williams, editors of thu
Nens. charging them with libel in which
1t is seeking to take them to Washington
for trial came TO an abrupt end to-day
when the counsel for the Government
requested a continuance.
This was granted after a long argu'
ment. October IL was fixed by the Court
for hearing further testimony. Judge
Anderson was 10th to grant a continu'
arce and minated that the Government
ought to have been prepared to meet
all issues in the case. This led to a state
ment from the Government counsel
regarding the witnesses they proposed
to introduce and what they expected
TO prove by them.
Mr.. Mcnamara then referred to the
testimony Of E.. l.. Lewis. a correspon
dent for the Nens. who he said had allied
at the national headquarters OF the two
parties at Chicago and made inquiries
regarding the Panama Canal story. He
said the Government wished to call thit
witness to show that at both headquarteri
the story was denounced as untrue.
MIR. Mcnamara told the Court that
among the witnesses he wished to call
were Norman F.. Mack. Democratic ma.
tional chairman: Frank H. Hitchcock.
Republican national chairman: George
B.. Cortelyou several officials in Gov
eminent departments and representa-
tives OF the firm Of j. P. Morgan Il Co
These witnesses were in far distant pla ces
Mr.. Mcnamara said. and it would not
be possible to get them here within the
next two months.
At first the Governments counsel did
not seem disposed to disclose what they
expected to prove by these witnesses
and in the absence Of such a showing
Judge Anderson indicated by his COM
ment that he was opposed to granting
any continuance. He said it was the
business OF the Governments counsel to
prepare to meet the issues in the case and
that nothing had been offered by the de-
fence but what could easily have been
anticipated by the other side. They
should be prepared TO meet all OF the
issues. he said.
MIR. Mcnamara told the Court that he
wished to introduce in evidence the re-
Panama Canal matter in which William
Nelson Cromwell refused to answer GER
tain questions.
"In the first place said Judge .Ander-
son. in regard TO the testimony that is
proposed 10 be brought here about the
statements made at headquarters Of the
two ma tional committees in Chicago-of
course it is understood that | am not
bound by anything ] say; | may change
my mind but 1t occurs to me that it is
quite irrelevant. Even IL Mr.. Hitchcock
or Mr.. Mack should both come here and
state that they had told MIR. Lewis there
was nothing In this my present opinion
Ia it would be quite irrelevant.
Now, as to the Cromwell incident.
or course | do not hesitate to say that
mony in much shorter time = than the
Senate Of the United States. The fact
that il took the Sents committee four
years does not Indicate 10 my mind that
il would take very much time for the
court To find out what portions Of il were
relevant or irrelevant, l may be in error
about the Cromwell incident. II | am |
would be pleased to be corrected, But
generally speaking the situation az |
understand i'll hardly want to use the
word understand, for when l understand
q thing | understand it-but the situation
as l have gotten il was substantially
this:
The people who are concerned in or
who concerned themselves in the pur-
chase OF the lsthmian Canal. as | recall
il. were. az a majority, in favor Of the
Nicaragua route.
Rather suddenly do not wish 10
that there was anything inten-
wrong in doing a thing quickly
or in n changing his mind-but rather
quickly. or suddenly, the people who
had this thing in mind or who are charged
route. l want to be corrected IL l do not
this right"
Judge Anderson then went into the
OF the investigation by the Senate
and the refusal Of William Nelson Crom-
well to give the Senate certain informa-
ton, and declared hat that act had
suspicion on the part OF the peo-
pie. The Court went INTO a discussion
Of the relevancy Of the testimony to be
offered by the Government and Mr..
made a statement OF what
he expected to prove by witnesses whom
he wished to call. and ask ed Mr.. Winter
VI opposing counsel what part OF such
testimony he would admit to he true.
First. be wanted TO introduce the records
81 the Panama tdual commission ana
II the Senate investigation TO show just
what was done there. Mir. Winter said
ne would admit az true the things CON-
iained in these reports.
Next Mr.. Mcnamara said he wanted
o call representatives OF the Urea u
Department to produce the receipt from
j. p. Morgan l. Co. for the $40, O0O, 900
which was paid by the United Stat lei
'or the canal property. He also wished
call representatives Of j. P. Morgan
/ Co. to produce the receipt which that
,aid TO the French receivers for the Pan
MIR. Winter said he would admit that
!. p. Morgan 4 Co. have such a receipt.
The Governments counsel IA d he
wanted to call Norman +. Mack to show
hat the Panama Canal story was offered
Tor sale to the Democratic national COM
for campaign use and that the
committee refused to make the purchase.
As to the origin OF the story, he said
he would show also that the story was
r~oncocted by a set Of blackmailers and
hat It was first offered for sale to Crom-
well for $25. COO in order to prevent It's
Cromwell. he said, refused
10 make the purchase. n then the story
was offered to the Republican national
which also turned it down.
Then the Democratic committee, he said,
TO make the purchase.
Mr.. Mcnamara said be wished to show
that then the story was revised and that
York World. He said he expected to
that Cromwell made a full denial
the story, that this denial was published
in the New York World on October 3 and
that this published denial came to the
notice Of the defendan ts before the articles