Los Angeles herald., 1909-01-23
ROOT AND KNOX
GIVE TESTIMONY
PANAMA LIBEL CASE TO BE
THOROUGHLY PR0BED
PROMINENT WITNESSES GO BE-
FORE GRAND JURY
Subpoenas for Secretary and Sporting
Editor of New York Paper
Are Set Aside by
Judge
TBy Associated Press. ]

WASHINGTON, Jan. 22.-When the
United States grand jury which is in
vestigating the alleged libel, in connec-
tion with the purchase of the Panama
canal, adjourned shortly after L o'clock
today, it was to meet again tomorrow,
when it is expected that William Mel
son Cromwell will testify.
1t has been expected the grand jury
would adjourn until Monday. Prom
inent witnesses today were Secretary
Root, Senator Knox and Assistant At
torney General Russell, all of whom
declined to discuss any phase of their
testimony.
The larger part of the morning was
taken up by the jury in listening to
the reading by Assistant United States
Attorney Mcnamara of the various al
legged libelous articles which appeared
in the New York World and the In
dianapolis News for several weeks pre-
ceding the recent presidential election
and on several subsequent dates in
December.
The district attorneys office presented
a busy scene today, a large force of
clerks being engaged in marking for
ready reference papers containing the
alleged libelous matters in connection
with the purchase of the Panama
canal
Subpoenas Set Aside
The district attorney has been fur
nished with bound copies of the New
York World and Indianapolis News.
The subpoenas served upon J. An
gus Shaw, secretary of the Press Pub
fishing company, and William p. Nc
Laughlin, sporting editor of the New
York World, at the beginning of the
federal grand jury's investigation in
connection with the alleged libelous
publications regarding the Panama
canal purchase, were set aside by Judge
Ward of the federal court today.
The validity of the subpoenas was
contested because they did not name
the parties to the suits, but summoned
the witnesses to testify "in general"
Today's decision loses much of it's
significance through the fact that the
government has since issued another
form of subpoena wherein the pro-
ceeding is described as that of the
United States VS.. the Press Publish
ing company, ct all
Under subpoenas thus setting forth
the parties to the action, other enl-
ployes of the Press Publishing COM
pany, publishers of the World, have
appeared before the grand jury and
given their testimony.
The federal grand jury which has
been taking the testimony Of witnesses
"
having adjourned until Monday.
Judge Ward, in his decision, held that
the statute and federal practices indi-
Gated that witness should be informed
of the matter about which he is called
to testify.
Decision Interests Lawyers
OF particular interest to constitu-
tiOnal lawyers is that portion of Judge
Wards decision, which affirms the
principle enunciated in the fifth amend
ment to the constitution, which pro-
vides that no one shall be held to be
a witness against himself
cit is quite clear" says Judge Ward,
that the ordinary citizen called upon
to testify in the strange environment
of the grand jury room under the in
terrogation of the United States at
torney will be quite unable to assert
his rights, even if he knows what they
are.
HE ought to have an opportunity to
consult and be advised of the constitu-
tionality of his right to refuse to tes-
tify and of the way in which to pro-
tect himself against giving testimony
that might incriminate him.
1T is not the nature of the subject
now under consideration, but the ques-
ton is to determine the practice to
be followed in this district in all cases.
grand Juries, a matter concededly of
the utmost moment"
United States District Attorney
Henry l.. Stimson, while admitting that
the decision upsets a practice current
since 1852, is confident that it does not
open the door to review of federal cases
already settled.
Today's session also affects the valid
ity of subpoena duces tecum, served
upon the secretary of the Press Pub
fishing company and calling on him
to produce the books. records and re-
ceipts of the World, for examination
by the federal grand jury.
Judge Ward held that the subpoena
in question "Might amount to an un-
reasonable search of seizure within the
fourth amendment to the constitution"
and granted the motion to quash and
set it aside together with the others.