The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-01-19
NEW YORK WORLD WRITER'S
SEEK TO AVOID suePoENAEs
OF THE GOVERNMENT.
RAISE LEGAL OBJECTIONS
Attorney for Five Men Summoned to
Testify Regarding Panama Canal
Scandal Institutes Proceedings in
Court in Effort to Have Subpoenass
Declared Irregular and Void.

New York, Jan. 1S-The right of the
five employees of the New York World.
suhpoenaed to appear before the fed
eral grand jury to give information
presumably regarding the publication
Of alleged libelous matter rejecting
upon the integrity of the United
States government, to ignore the said
subpoenas On the ground that their
issuance was an abuse of process, was
left undetermined at the close Of to-
days hearing of the case in the
United States circuit court. After ar
guments by United States District At
torney Henry l., Stmson, representing
the government, and Delaney Nicon
and John NJ. Bowers, representing the
World men, Judge Henry G. Ward
gave both sides until tom orrow at
o'clock to submit briefs.
The nature of the proceedings which
have been instituted against the New
York World and the Indianapolis News
because of their criticisms Of the meth
cd by which the purchase Of the Pan
anna canal was made, was not dis
closed in the brief hearing in court
here today. Acting under instructions
believed to have been issued by author
ity of the government United States
District Attorney Stimson had sub
poenaed William Mclaughlin, sporting
editor of the World, and j. Angus
Shaw, secretary of the Press Publish
ing company, to testify before fed
eral grand jury today in an action
which is not described In the sub
poenaes. 1t is thought, however, TO
be the outcome of the message Of
President Roosevelt to congress.
Proceedings Halted.
The proceedings were halted by an
order obtained by counsel for the
Worlds editors calling upon Mr.. Stim-
SON to show cause why the sub poenaes
should not be quashe6.
Brief argument YVES heard by United
States Circuit Judge Henry G. Ward
today on the motion to Quash the sub
poenas
]. NJ. Bowers, of counsel for Mr.
Mclaughlin and Mr.. Shaw, argued
that the form of the subpoenas was IL
legal inasmuch as the following con-
Guiding words of the subpoena in a
certain case now pending and unde-
termined in this said court between
the United States" were crossed ou.,
making the subpoenas to read to "tes-
tify to what they may know of the in
quiry.'
Mr. Bowers contended that the sub
poena was illegal in that it did not
state the nature of the inquiry ana
the person accused and that the pro-
ceeding was an abuse of process.
District Attodney Stimson, speaking
for the United States, argued that the
form of the subpoena had been used
in practice in this district for so years
and was recognized by the states of
the United States.
Mr.. Stimson said: The same situa-
ton arises in a corporate examination
to find out who is responsible. 1t Is
often impossible to find out who Is re-
sponsible in a corporation. How can
we name the name accused until we
know who Is to be indicted?"
Case Of Practice.
Judge Ward interrupted to say that
this was case of practice and that
no one should be given an opportunity
of bringing a man before the grand
jury and rake about his affairs to
make a criminal of him.
After further argument by both
sides on the orders to show cause why
the subpoenas against the World men
to testify before the United States
grand jury should not be quashed,
counsel agreed to submit the memor-
anda to Judge Ward at o'cfock to-
morrow afternoon.