Los Angeles herald., 1909-10-13
ARGUMENT MADE U. S.
STATUTES OPPOSED
TO CHANGE OF VENUE

statutes was never intended to auth
orize the removal of defendants from
one district to another for trial, un-
less they were fugitives, was main
tanned today by John D. Lindsay of
New York, counsel for the New York
World in the Panama libel case' be-
fore Judge A. B. Anderson, in the
federal court.
Mr.. Lindsay was assisting Ferdi-
nand Winter, counsel for Delevan
Smith and Charles r. Williams, pro-
prietors of the Indianapolis News,
whom the government is seeking to
remove to the District of Columbia
for trial under a grand jury indict-
ment charging them with having
committed criminal libel in publish
ing charges that there was graf"
of $2S, 900, 900 in the purchase of the
Panama canal by the United States
from the old French company.
The trial of the publishers of the
New York World on a similar charge,
but in the defendants, own district
court of New York, is to be called
within a month, it is expected.
There is, however, also an indict-
ment by the grand jury of the Dis
trict of Columbia against the New
York World.
Mr. Lindsay and Delaney Nicoll had
prepared a memorandum which Mr..
Lindsay offered to the court today
oposing the removal of Messrs. Smith
and Williams. He said his clients
were interested in the precedent pos
sibly to be set in this court.
Claim Liberty Threatened
Great danger to the institution of
liberty was threatened in possible
court order removing the publishers
of the News to the District of Colum-
bia for trial in this proceeding for
criminal libel, said Mr.. Winter, fol-
lowing Mr.. Lindsay for the defense.
Consider the power of the presi-
dent is greater than that of any
crowned king" said Mr.. Winter, "and
the District of Columbia being the
seat of government, is inhabited by
many persons dependent on the gov
ernment machinery for their liveli-
hood; consider this libel proceeding
was brought about by an infiamma-
tory message from the former presi-
dent to congress; consider the whole
immense power of the executive de-
partment is behind this indictment,
and finally, consider these defendants
If taken to the District of Columbia
for trial, should have to appear pc
fore a jury largely made up of en-
ployes and officers who are behind
this very prosecution
Mr.. Winter argued also the statute
of seditious libel in the District of
Columbia which provides exceptionally
severe fines and imprisonment, was
not intended to cover such examples
of libel as that charged against
Messrs. Smith and Williams.
Further, he declared, it was never
intended that section 1O14, revised
statutes should provide removal for
libel.
THAT man has read the history of
our institutions to little purpose" said
Judge Anderson, "who does not view
with apprehension the success of such
a proceeding as this to the end that cit
liens could be dragged from thelr
homes to the District of Columbia, the
seat of government, for trial under the
circumstances of this case. The de-
PENDANTS are discharged.
81 believe the fact that certain per-
sons were called thieves and swind-
lers' does not constitute libel per Sc. A
newspaper has a certain duty to per-
form. AS a former president had said,
1T is the duty of a newspaper to print
the news and to tell the truth about it
1t is the duty of newspaper to draw
inferences for the people.
Circumstances Unusual
Now, there were many peculiar cir
cumstances about the whole Panama
anna, the circumstances concerning 1t,
were unusual The people were inter-
ested in the construction of the canal.
1t was a matter of great public concern,
a portion of the people favored the
Nicaraguan route; another portion,
those who were interested in it, official
Iy and personally-just interested-pre-
ferred the Panama route. A committee
was appointed to investigate and report
the relative merits of the two routes.
They investigated and reported in ia
vor of the Nicaraguan. Shortly after
ward they changed to the Panama.
up to the time of that change, as 1
gather from the evidence, the lowest
offer that had been suggested as the
one at which the Panama property-the
property of the Panama Canal company
could be procured was something over
800, ,000 Then rather suddenly it
became known that it could be pro-
cured for 40000.000.
"William Nelson Cromwell, upon hav-
ing certain questions put to him, stood
upon his privilege as an attorney and
refused to answer. To my mind that
was just grounds for suspicion. am
suspicious about 1t now.
differences Not Too Strong
Here was a newspaper printing the
news, or trying to-. Here was this |
willing to say that the inferences were
too strongly drawn.
"This Indictment charges the de- |
PENDANTS with commission of a crime |
in the District of Columbia. Now, the |
constitution of the United States in |
one of the amendments provides that |
the accused shall be tried in the state |
or district where the offense is COM
mitted."
Canal Mark Extendad