New-York tribune., 1910-01-25
PICK LIBEL JURY
CHOICE IS TENTATIVE
Counsel for "World" Tainly
Seek Postponement.

After a six hours struggle, beginning
with a futile effort to have the case post
poned by counsel for the Press Publishing
Company, publishers of 1.-The World" in
the government prosecution charging the
company with having criminally ioelled
Theodore Roosevelt, President Taft, Doug
las Robinson. brother-in-law of Mr.. Roose-
welt: Charles P. Taft, brother Of the Presi-
dent and William Nelson Cromwell. only a
tentative jury was chosen yesterday. The
government counsel and the defence have
each three challenges left, and may exer-
else them when Judge Hough reconvenes
the court this morning.
The indictment was found last March 1t
was based on articles published in the au-
tuun of 1908 about the purchase by the
government of the Panama Canal II was
an alleged effort TO discredit the admins
tration, and, occurring on the eve of the
Presidential election. was supposed TO have
been inspired by political animus.
There was a spirited interchange after
court adjourned between Mr.. Nicon and
Mr.. Wise because the latter would not per-
nit the deposition of Colonel William L.
Black. of the United States engineers, sta
toned at Governors Island. to be taken
Colonel Black had been suhpGnaed as
witness by Mr.. Nicou because he had been
on duty at the isthmus at the time OF the
Panama revolution, late in 1903. Colonel
Black was under orders to represent the
government at the International good roads
congress at st. Augustine, and Mr.. Nicoll
wished TO get his testimony in before he
left for Florida
1t was learned later that Judge Hough
had excused Colonel Black until his return.
in about a week He was stationed on the
isthmus from April 1903, until July. 1904.
and, it was said was eyewitness of the
stirring upheaval down there Mr.. Nicoll
wants Colonel Black to tell what he saw
there at the time.
TWO LINES OF DEFENCE
Counsel for the publishing company in
the course Of the examination of witnesses
said that he purposed to make two de-
fences IN the case altogether outside OF
the legal question of whether q libel had
been committed or not He would plead
Justification and excusable libel. he said,
and would show the court and jury set
Of facts and circumstances relating to
transactions leading to the belief that
when the articles were printed they were
believed to be true.
In the examination Of the prospective
jurors Delaney Nicoll, who. with John
L. LINDSAY, Represented the
company, fought hard to be permitted 10
find out the political Affiliations of the men
in the box United States Attorney Wise's
objection was sustained Mr.. Nicoll got
around this by asking the talesnen what
newspaper they read. In all twenty-five
men were examined before twelve jurors
we're finally selected
II was soon after the noon recess that
Mr.. Nicou had a long argument with
Judge Hough about the applicability Of
the fundamental law Of the state to juries
sitting in federal cases brought under the
statutes OF a state. This case, Mr.. Nicon
said, was the first Of the kind brought in
eighty-hve years, and the provision of the
statute under which it was possible for
the federal government TO apply state
statutes TO offences committed on federal
territory ceded by the state made the
fundamental law apply as well
Mr.. NicoIl wanted to ask the talesmen
whether they would abide by the instruc-
ton of the judge. but judge the law and
the facts themselves Judge Hough re-
fused to permit this. saying that the fed
eraI law governing criminal cases should
apply
The tentative jury follows: William H.
Taylor. real estate, No 90 West 74th street;
Edmund Y Nelson, broker. No. Il Broad
way; David O'Keefe, superintendent No.
1852 West Farms Road; William Scott, sec
retary, No. % Duane street Albert J.
Spencer, theatrical agent No. 20 West End
avenue; George H, B Mitchell, coffee, No.
81 Water street; Dan Frost trader in In
dian beads, No. SO Howard street; William
4. Christian. merchant, No los West 10th
street; Alfred E Fountain, building con-
tractor, No. 109 West 18th street; A I.
Clark. real estate and insurance, No 272
Manhattan avenue William ". Perrine
iron manufacturer. No. 130 White street.
and George Ten Eyck. accountant. No. 65
West both street.