Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1909-06-03
CHARGED WITH
CRIMINAL LIBEL
Owners Of indianapolis News Before
the United States Court.
ALLEGED GRAFT IN PANAMA
IN q Preliminary Hearing the Govern
ment Sought to Remove the De-
PENDANTS to Washington
for Trial.


indianapolis, Ind, June 2.-Delavan
Smith and Charles Williams, owners
Of the indianapolis News, were before
Judge Anderson of the United States
court OF this district resisting remov'
al to the District Of Columbia for trial
on indictments charging them with
having committed criminal libel In
publishing articles intimating that
there was an enormous graft In the
purchase by the United States Of the
Panama Canal zone. Messrs. Smith
and Williams were indicted by the
grand jury of the District of Columbia
Jointly with proprietors of the New
York World.
Stuart MCNAMARA, assistant United
States attorney for the District OF
Columbia, and Charles w. Miller, dis
trict attorney, represent the govern
ment, and Ferdinand Winter of this
city, is attorney for the defendants.
The latter maintained, and sought to
prove his points by evidence present
I'd, that the newspaper publishers
were not guilty Of the malice neces-
sary to complete criminal libel, and
that they had not committed an Of
Tense for which they could be remov-
ed from one district to another for
trial. and that the indictment charging
them with criminal libel was baseless,
The government resisted the intro
duction of evidence in the hearing,
-contending that 1t was inessential for
q committing magistrate to hear EVIL
dence. Exhibits Of editorials printed
in the indianapolis News, they held
were libellous If they violated a
statute Of the District of Columbia
providing that criminal libel may lie
in the publication of an article not
justified in truth, and that person
found guilty may be fined not more
than $1,000 or imprisoned for more
than FIVE years, or both
Judge Anderson ruled against the
government. He called attention to
the necessity Of proving express, not
implied, malice in a prosecution Tor
criminal libel and said that 1t was
bis duty to determine this question by
hearing evidence before he should de-
,&ii1e-if the defendants should be re-
moved for trial. The defense then
placed upon the stand Ernest l.
Lewis, a stan correspondent Of the
News who denied that he had had
any instructions from his employers
as to handling the Panama canal mat
ter in his dispatches from the politi-
cal headquarters at Chicago In the
last campaign. M
Questioning Charles R. Williams,
editor in chief of the News, Mr.. NC
Namara drew out that Mr.. Williams
had not writaen the editorials COM
planned of, in which 1t was declared to
be desirable that the part of G. P.
Taft, Douglas Robinson, William Mel
son Cromwell, and ]. Pierpont Nor
Ran in the Panama transfer should be
investigated. He had, however, ap-
proved them. Mr.. Williams said the
publication OF the editorials, ne
thought, was in the interest Of public
morality and integrity.
Louis Rowland, who wrote the edi-
torials and handed them to Mr.. VIII
liams. told the court that he wrote
them because he thought the subject
was "the biggest thing in the cam
paign," and he should not have dis
charged his duty II he had not dis
Cussed 1t. He had made no personal
into the records Of the
senate inquiry and he did not know
personally that C. P. Taft was inter
ested in the Panama transfer. A
newspaper did not have the time to
enter upon such investigations, he
said.
Il was suspicious and l am yet
he said. II think had
good reasons for everything wrote"
Earlier in the afternoon Delavan
Smith was on the stand and said he
had no personal knowledge Of the edi-
torials before they were published, as
Mr.. Williams had full charge Of the
editorial page. Unless the govern
ment decides to introduce further evil
dence, argument win begin to-day. and
The matter will be in Judge Ander-
Isn's hands by evening.
Aia,.,t.,,Ia p.Is Ambassadors.