The Montgomery advertiser., 1909-09-30
COURT STANDS FIRM
Federal Judge Anderson Holds That
Indianapolis Edit0rs Have .
Right To Proceed with
The Trial.

Indianapolis, Ind, Sept 29-Judge
Anderson, of the United states District
Court, today refused an application by
the Department of Justice for a re-
continuance of the preliminary hearing
of Delavan Smith and Charles X. Will
liams, proprietors Of The Indianapolis
News, who are under indictment by the
Federal grand Jury of the District of
Columbia. charged with having crimia-
ally lfbelled Theodore Roosevelt.
Douglas Robinson, William Nelson
Cromwell. Charles p. Taft. and others.
by intimating, in published articles,
that there was corruption in the pur-
chase OF the Panama canaf Zone by the
United States from the TWO French
companies.
The hearing was continued last June
until October~Il. The government to-
day asked for a re-continuance until
after the trial OF the publishers OF The
New York World on similar charge
which Is set for october 20 In New
York City.
The application was made through
Charles w. Miller. United states At
torney for this district.
Attorneys for Messrs. Smith ana
Williams. who are opposing their re-
moyal to the District OF Columbia Tor
trial. protested against further delay
in the proceedings, and the court up
held them. 80
.You may write to the Attorney Cen
erai." said Judge Anderson to Mr.. Mil
Ter. that l will not approve of fur
Their delay In this natter He added
that he knew. of course, that Stewart
Mcnamara, an attorney OF the Depart
ment OF Justice, especially assigned to
the Panama libel cases. could not be la
New York and Indianapolis at the
same time, but he held tnat Mr.. Nc
Namara should have seen TO II that The
New York 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
on the decision of this court, but IL
might have an effect on the attitude
of the government In the Indianapolis
case. whenever way the New York
case was decided"
United States Attorney Miller told
the court that he had no ADVICE that the
case against The indianapolis News
would be dismissed If The New York
World trial resulted in the acquittal
of that newspaper.
Judge Anderson continued In his
ruling to say that IL the government is
prepared to prosecute The New York
World on October 20, Ii should be pre-
pared to prosecute The indianapolis
News on October Il. Messrs. Smith
and Williams, he said, were in custody.
being under bond, just as If they were
in jail.
The court concluded:
Now the question Is: Here are men
indicted in the District of Columbia,
the indictment returned some time ago,
and proceedings begun here, The gov
eminent waits until 1t is ready to pro-
coed and begins proceedings. These
men are arrested and brought into
/. court on criminal charge. At that
time nobody was ready and 1t went
over to later day. Then. as the de-
PENDANTS introduced their testimony,
the governments counsel claimed they
were surprised.
"At any rate. they wanted time to
meet certain matters. They claimed
they did not know the matters the de-
PENDANTS were going to bring up and
the time was fixed almost four months
later. Now. the court is asked upon
this statement of facts, TO indefinitely
postpone it. not to any particular time
Just put IL off and leave the defendants
up in the air, until the government
sees At to pull the string and let them
down. I Will not grant further con-
tinuance.