New-York tribune., 1910-01-26
LIBEL TRIAL BEGUN
JURY is CHOSEN.
Mr. NicoH Starts argument
for Dismissal.

The World" on charges of libel in con-
nection with articles about the purchase
of the Panama Canal by the United States.
closed for the day yesterday De Lancey
Nicoll, Of counsel for the company. was in
the midst OF a long argument for the dis
missal of the suit. He will continue this
morning and United States Attorney Wise
will answer. Should Judge Hough. before
whom the case is being tried in the United
States Circuit Court. Criminal Branch,
fuse TO dismiss. Mr. Wise will finish the
presentation Of the governments cause and
the defence will open.
Mr.. NicclPs motion to dismiss really had
three phases TO ito quash the indictment.
close the proceedings or instruct the jury
to acquit on the following grounds
1. The court had no Jurisdiction because
there was no statute of the United States
covering the case.
in criminal cases apply to territory ceded
70 the United States. did not apply 10 the
case as disclosed by the proceedings
3. II the act of 1898 could be construed,
then the act was unconstitutional
4 The offence charged in the indictment,
II there was an offence. was committed In
the State of New York. and was punishable
under the laws OF that state.
3. The defendant, as a corporation, was
incapable of being charged with the offence
set forth in the Indictment
Before this the Jury. after a protrGcted
examination of the talesmen and the ex-
haustion of the challenges. was chosen. One
of tie talesmen. Adolf Schwab, an i'm
porter Of watches. was objected 70 by 1Ir
Nicoll because William Nelson Cromwell.
one of the men said TO have been libelled.
was counsel for the Jewellers Beard OF
Trade. Judge Hough did not sympathize
with Mr. Nicon- Mr. Nicon brought out
the fact that Schwab had on several occa-
counsel for the publishing company said:
Mr.. Cromwell is the central figure in this
case. as the evidence will show. He is the
most directly interested rerson."
Judge Hough supported Mr. NicolTs con-
tention and Mr.. Schwab was excused
~That is. Mr.. Nicoll is going to try TO
make it appear so,'' Mr.. Wise quickly re-
joined
The United States attorney opened the
government case soon after midday and
said that the articles in which the alleged
libel occurred accused Theodore Roosevelt,
then President, and William Howard Taft
then Secretary of War. with breach OF
trust in that they were said to have given
their relatives advance information regard
ing the governments intention TO purchase
the Panama Canal, enabling them and
others to reap profits amounting TO sS6.5as.
rights.
Mr.. Wise said that the newspapers con-
tanning the articles were circulated in gov
ernment territory. in West Point and in the
Postoftice Building. constituting an attempt
10 destroy the discipline in the United
States army and respect for the govern
nent on the part of officials in it's service
Papers were then submitted containing
the articles. 10 which the counsel for the
defence offered no objection There was a
difference of opinion regarding some other
documents which caused Judge Hough 70
adjourn court summarily ten minutes ear
lier than usual for the recess. and request
| the counsel to arrive at some agreement
as to what would be admitted
Official documents We're later admitted,
showing incorporation Of the old Panama
Canal Company; the concession by the Re
public OF Colombia TO Napoleon Bonaparte
Wyse in 1875; the dissolution of the old COM
pany; law forming the Panama Inter
oceanic Canal Company. up 20 the papers
showing the purchase of the new canal
I company's rights and property. James r.
Knapp. an assistant United States attor-
ney, read the documents TO the jury
The jury was excused shortly before
o'clock. and it had hardly fled out when
Mr.. Nicoll began his argument TO dismiss
the suit. It was a history, legal. political
and general. of the occurrences that pre-
ceded the present status of the libel laws,
and the attitude OF the courts regarding the
liberty of the press.
At one time Mr.. Nicou quoted James
Buchanan. later President, regarding the
act of 1926. to the effect that the sedition
law was unconstitutional and that the
| Congress had no right to pass a libel law
more sweeping is the construction placed
on the present law than on the sedition
law"
Not al all, not at ALL said Judge Hough
quickly. The sedition law related TO ubels
on government officers. The present case
is applicable to the President, the Governor
and the humblest citizen
1t was reported yesterday that the fol-
lowing witnesses would be called to testify
to-day: Eugene VI. EngeIman. who is man
ager of an International press company:
Mrs. Ella Rawles Reader, who has had in
terests in enterprises in the tropics. nota-
bly, in Santo Domingo and Alexander s
Bacon. who has investigated affairs con-
nected with the Panama Canal purchase.
The jury trying the case follows:
William H. Taylor. real estate. No. %
West 74th street
Edmund Y Nelson. broker. No. Il Broad
way.
John F. King. salesman. No 2Os West 1O2d
William Scott: secretary. No. Is Duane
/ street
John W Thomas. riding school manager.
No 100 West 105th street
William H. Arnold. buyer. No. 617 West
115th street
Christian c. Creamer. retired grocer, No
3O9 East 162d street.
william A. Christian. umbrellas. No. 1S5
West 129th street
Alfred z. Fountain. ir-. builder. No. n6
A. l. Clark real estate and insurance.
No 1874 Broadway.
William ". Perrine. manager, No. $50
White street.
George Ten Eyck. accountant. No. $50
West 26th street