The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-06-03

WANTS TINE
IN LIBEL CASES
COURT GRANTS CONTINUANCE
IN CASES OF INDIANAPOLIS
MEN-HITCHCOcK AND MACK
AS WITNESSES.
BY Associated Press

Indianapolis. Ind, June Prank
Hitchcock, chairman of the Republic
an national committee: Norman E
Mack, chairman of the Democratic
committee; members of the stan OF j.
PierpOnt Morgan & Co, of New York,
and certain officials in the depart
ment of government at Washington
are % be produced as witnesses for
the government in the prosecution of
DeIevan Smith and Charles r. VIII
HamS. owners of the Indianapolis
News, charged with criminal libel in
publishing intimations that there was
an enormous graft IN the purchase
of the Panama canal by the United
States from the old French companies
that owned the property. The gov
ernment's attorneys after the 1ndlct-
ment of Messrs. Smith and Williams
by a grand jury in the District OF Co
lumbia. made application to- the Unit
ed States court of this district for
their removal to the District of Co
Iumbia for trial This order the court
refused to make until it was satisfied
there was probable cause for the in
dictment for criminal libel, which, to
be complete must contain the element
of express malice
ASKED FOR CONTINUANCE.
Stuart Mcnamara. of the depart
ment of Justice. at Washington. and
United States Attorney Miller OF this
district, this morning, at the opening
of court, asked for a continuance,
saving that since the court had de-
cided to hear evidence on the merits
of the case, the matter had taken a
wider scope than they were prepared
for. The court demurTed, saying that
counsel should have anticipated his
action and should have been prepared
Commenting on the Panama situation
in general, Judge Anderson said he
thought the public had a right to
question the conditions of the transfer
of the canal because of William Mel
son CTomWelrs course before the SEN
ate investigating committee.
This forty million of dollars" said
the court, that was paid for the
canal. was the public's money, you
must remember A part of it was my
own; a part of it was yours"
CHARGES DIsPROVEO.
The governments attorney then
stated that they wished to produce
Messrs. Hitchcock and Mack to prove
that each of them had announced that
the charges of corruption in the Pana-
ma transfer had been diSprOved.
Counsel expected to show that the In
dianapolis News had possession of
these facts when editorials appeared
In it furthering the allegation OF frau
duIent dealing in the matter by Doug
las Robinson, William Nelson Crom-
well. c. P. Taft. J. P. Morgan and
others and that this was malicious Ii
bel. Members of J. p. MOrgan'S stan
were to be summoned, counsel stated,
to show the securities of the company
gave to the United States for $40
600 900. the purchase price of the
canal. and the receipts given by the
French companies for the payment of
the securities sold to the United
States. Counsel held that these two
sets of receipts would show that no
O-betweens received cent of profit
and that the deal was a clean piece
of business, as Mr.. Cromwell told the
senate committee after he had de
cIined to reveal the names Of the sub
scribers to a corporation that pre-
viousIy had been planned to AmerI-
canize the Panama canal. but had
been dissolved because the purchase
seemed at the same time impractical
tic.
Despite protests OF the defense
Judge Anderson consented 10 a con-
tinuance and the government will in
troduce its witnesses in court here
on October IL next.