The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1909-09-30
.OELAVAN SMITH !.
CASE AGAIN Up
Court Refused Application Of
Government for q Second
Continuance

Indianapolis. Sept. 30.-Judge An
derson Of the United States district
court today refused, an application by
the department Of Justice for a re-
continuance Of the preliminary hear
ing of Delayan Smith and Charles r.
Williams. proprietorA of the Indian
apolis News, who. are under indict-
ment by the federal grand jury of the
District of Columbia, charged with
having criminally libelied Theodore
Roosevelt, Douglas Robinson. William
Nelson Cromwell, Charles P. Taft and
others, by intimatingsin published ar
ticles, that there was corruption in
the purchase of the K Panama canal
zone by the United States from the
two French companies. q.
The hearing was; (! continued last
June until October IL. The govern
ment today asked for, re-continu-
ance Until after the trial of the pub
lishers &C the. New York World, ON 8.
similar charge, which is set for 0c-
tober 20 fn New York city. The ap-
plication was made Through Charles
w. Miller, BniteG States zttorney for
this district Attorneys for sMessrs.
Smith and William1pswho are oppos-
Ing their remoyai III the District of
Columbia for trial, protested against
fdrthe3 delay in the proceedings and
the court upheld them. ~. a.
"You mays,write to the attorney
general" said Judge Anderson to- Mr..
Miller, "that will not approve fur
ther delay in this matter" n.
He added that he knew. Of course.
that Stewart MeNamara, an attorney
of the department of justice specially
assigned to- the Panama libel cases.
could not be in New York and In
dianapolis. at the same time,r but he
held. Mr.: Mcnamara should have
seen to II that the NewSYork World
trial was postponed until after the
Indianapolis case was concluded.
"The subject matter involved is the
same, as understand it, said the
judge, "'of course the decision of the
New York court could have no effect
upon the decision Of this court, but it
might have an effect upon the attitude
of the government in the Indianapolis
case, which ever way the New York
case were decided"
United States Attorney Miller told
the court that he had no advice that
the case against tho indianapolis
News would be dismissed If the New
York World trial resulted in the ac-
quittal1 Of the publishers Of that news
paper.
+ Judge Anderson continued in his
ruling, to say that If the government
Is prepared to prosecute the New
York World on October 20, it should
be prepared to prosecute the Indian
apolis News on October IL. Messrs.
Smith and Williams. he said, were in
custody, being under bond, just as IL
they were in jail. The court con-
cluded:
: Nov, the question is: Here are
men indicted in the District of Colum-
bia, the indictment returned some
time and proceedings begun here.
The government waits until 1t is
ready to proceed and begins proceed
ings. These men are arrested and
brought into court on criminal
chatge. At that time nobody was
ready and It went over to later day,
then after the defendants introduced
their testimony. the governments
counsel claims they We're surprised.
At any event they want time to meet
certain matters. They claimed they
did not know the matters the defend
ants were going to bring up. and the
time was fixed almost four months
later. Now the court is asked upon
this. state of facts to indefinitely post
pones It. not to any particular time
Just put 1t OF and leave the defend
ants up in the air until the govern
ment sees fit to pull the string and
let them down.. will not grant fur
,ther. continuance"
+. rams Am nHmn a1m