The Washington herald., 1909-01-20

Il became apparent yesterday that the
proceedings before the Federal grand
jury OF the District OF Columbia. with a
view 10 bringing indictments for crimi-
nal libel on account Of the publication of
statements concerning an alleged private
deal IN the sale Of the Panama Canal
properties Of the United States. were
directed as much against Delevan Smith,
editor Of the indianapolis News. as they
were against Joseph Pulitzer, editor and
owner OF the New York World. the news
paper which first published the stories
upon which the contemplated prosecution
Is based.
The efforts Of the grand jury were d.
rected mainly TO ascertaiEing the respon-
sibility OF BIr Smith for the publication
in the News, and to prove that the alleged
hbels had been uttered in the District OF
Columbia through the circulation Of the
News here.
Among the Witnesses called was II. F.
Taft, Washington manager OF the West
ern Union Telegraph Company, who had
been directed TO produce certain mes
sages received by the Western Union
Company in New York on December 5.
OF s last, signed Smith OF --Delevan
Smith and addressed 70 Charles P VII
Hams, OF the Indianapolis News, OF any
other messages similarly signed, sent
from New York to indianapolis.
New SubpOenas Out.
The grand jury had also caused sub
poenas 10 be served on J. B. Van Every.
auditor Of the Western Union, in New
York, and E NJ Milford. superintendent
Of the Western Union in New York. re
quirins them TO produce the messages
wanted Mr. Tan brought tie messages
with him 70 the grand jury room. bat de-
olined 10 produce them on the ground
that IL was contrary 10 a rule OF the
company 70 exhibit an. such confidential
communications.
He was promptly taken before Justice
Gould in Federal Criminal Court No. /
who issued an order for the production
Of the kilograms. 8Ir. Taft then returned
10 the grand jury room and showed the
messages in question.
Other witnesses before the Grand Jury
we're Charles P Taft, of Cincinnati. a
brother OF William H Taft, and Douglas
Robinson, OF New YORK. a brother-in-Iavr
OF President Roosevelt, both OF whom
had been named in the World and IN the
Indianapolis News in connection with the
story OF 5he reported private deal They
were before the Grand Jury for q short
time only
Newspaper Files shown.
Washington representatives OF. the New
York World and the Indianapolis News.
and John c Campbell and William Kemp.
employees Of the United States post Office
in New York. were examined also The
World men were required 10 bring files
Of their newspaper
The apparent object Of the examination
Of the representatives OF the News was
TO establish the publication OF that news
paper and its circulation IN the District
of Columbia Local news dealers were
examined 10 establish that the World
and the Indianapolis News were On sale
and in circulation within the limits OF the
District
The question Of the ability Of the United
States government 10 obtain the extradi-
ton from any State in the Union 10 the
District OF Columbia Of persons who may
be indicted as a result Of the present
grand jury investigation on the charge Of
criminal libel has given rise 10 much
discussion in legal circles here.
Previous Decisions
The case most cited in support Of the
contention that such extradition could
not be obtained IS that decided by Judge
Brown in New York in 1895. when he re-
fused to extradite the then editor OF the
Sun from New York TO Washington.
Judge Brown held that libel was not
an extraditable ofense because 1t was a
crime against the United States in the
District OF Columbia only.
Decisions Of the United States Supreme
Court are being cited TO show that this
ruling has been annulled both by the
United States Supreme Court and the
New York court which rendered the de-
cisiOn in the case cited
The decisions quoted, however. pertain
To extTadition- on charges other than that
OF criminal libel, although II Is pointed
out that in one case Judge Adams in
New York ordered the extradition from
that jurisdiction 10 Washington OF a nan
charged with an offense against the. com
mon law.
Judge Adams. it is asserted. held that
the removal Of an accused person from
4 Federal district TO the District OF Co
lumbia could not be defeated because the
acts charged in the Indictment were com
mon law OffenSes
In the District OF Columbia libel is a
statutory criminal offense. and It is main
tained that If an effort were made to OBJ
tain the extradition from any other place
70 Washington Of persons indicted for
criminal libel it would not be necessary
10 make the contention that the indict-
law