The Montgomery advertiser., 1909-01-23
JURY HEARS KNOX AND ROOT Still Probing Into Alleg-
 cd Libel WILL CALL CROMWELL TODAY Bound Copies of Newspapers Are
 Examined. sspses=e ceurt Opinions One Hundred
 Years oId is Cited to show That Action is Net Legal.
WILL CALL CROMWELL TODAY

| Washington. Jan, 22-T simply brought my subpoena and conscience tary of State Root, who today was one of the chief witnesses before the United States grand jury in its investi- gation of the alleged libel, in connec- tion' with the purchase of the Panama canal
 The secretary made the remark to newspaper men who sought to inter view him a few minutes before he went into the grand jury room. Senator Knox. of Pennsylvania, and Attorney General Russell also gave testimony. All declined to throw any light as to the nature of their testimony.
 l With the exception of fifteen minute recess. the grand jury was In session for about three hours today and when it adjourned, 1t Jid so to meet tomorrow morning at 10 o'clock. It Is not it's practice to meet on Satur- day and the decision to do so has given rise to the belief that every effort is being made to complete the investiga- tion at the earliest possible moment. 1t is possible William Nelson Cromwell will be one of the witnesses tomorrow.
 Well" said Secretary Root. as he emerged from the grand jury room. T cannot tell you boys, of course. how l testified, but I will say this-it is the first time I have been in this building since the triel of Charles Guiteau for the assassination of President Garfield in 1882. was then here as specta- tor only"
 "Is this the first time you ever were before a grand iury?" he was asked.
 "Oh mo-" he replied, 'why I used to run a grand jury when I was District Attorney in New York"
 The larger part of the morning was taken up by the grand Jury in listen- 1 ing to the reading by Assistant United States Attorney McNamara, of the va- l rious alleged iibelous articles which appeared in The New York World and The Indianapolis News for several | weeks preceding the recent presiden- l tial election and on several subsequent dates in December.
 The District Attorneys office pre- scented busy. scene today, large force l of clerks being engaged in marking for I ready reference copies of the news- I papers containing the alleged libeioAs matter. The District Attorney had lbeen furnished with bound copies of The New York World and Indianapoiis News District Attorney Baker and his assistant, McNamara, were In consult tation most of the morning previous to the meeting of the grand jury.
 Senator Knox of Pennsylvania,N k ac- companied by his private secretary. ap- peared at the cout house promptly at II o'clock and was immediately ushered into District AttornNy Bakers ofIice, l where a short conference was held. So far as could be ascertained. the Sena- tor did not bring any papers with him.
 It was learned that Senator Knox volunteered to appear before the grand jury, a Senator not being subject to subpoena during a session of Con-
 Senator Knox remained in the grand jury room for twenty minutes. He de- clined to discuss the nature of his tes- timony.
 The next witness was Otis Guild of the Washington postofiice, who 1t Is supposed told of the receipt through | the postoffice here of the newspaper which it is alleged contained the H. belous matter.
 l Assistant Attorney General Russell. who followed Guild, carried into the grand fury room a volume of papers. Secretary Root appeared at the court house at I2:45 o'clock. He conferred with District Attorney Baker.
 No Law for Action.
 Pittsburg, Pa, Jan. 22.-That action for libel cannot be brought In Federa' courts against the publishers of news | napers containing the alleged libelous matter concerning the purchase by the l limited States of the Panama Canal Company. is the conclusion reached by A prominent member of the Pittsburg Law School faculty, following his dis. covery of records of similar case over 100 years old.
 The United States Supreme Court in the February term, 1907. denied that such jurisdiction was within the pow CTS of Federal courts. Later records showed that The Connecticut Courant of May '. 1906, contained a libel on the President and Congress, charging them with having In secret voted t2,- OOO, 900 as a present to Bonaparte for | leave 10 make a treaty with Spain" Judges of the district court were divided and the case was certified through the Supreme Court. John Marshall was Chief Justice. and Sam uel Chase. Bushrod Washington, Will liam Johnson and Brockholst Llvings- ton. Associate Justices Justice John son wrote the opinion, saying:
 Although this question Is brought up now for the first time to be decided by this court we consider 1t to have been long since settled in public opin- ion.''