Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-05-27
MIGHT Be MISTAKEN PAGE PUT ON TRIAL
w. P. Boand Corrects State Accused of Lbeng House
ments in Archibald Case. Judiciary Committee.
CRITICISED BY ATTORNEY CONGRESSMEM ON STAND
Chairman Clayton Alleges Tell Receiving Pamphlets
Gives Answers lacking Several Representatives
FORMER CHARGES REPEATED DEFENSE Is MADE KNOWN
H. A Phillips Railway No
companys Department Malice Exists on Part
to The Stand. OF merchant
Accused of LibeIing House
Judiciary Committee. ),
CONGRESSMEN ON STAND
Tell Of Receiving Pamphlets At
lacking Several Representatives.
DEFENSE Is MADE KNOWN
Will Attempt to Show That No
Malice Exists on Part
Of Merchant.

Oh 1AeICuduI.
The judiciary committee OF the
House of Representatives held an
early session in Criminal Court No. ?
before Justice Barnard this morning.
where it WIS called by subpoena Is
sued on behalf of Henry W. .. Page OF
New York. linen merchant, placed on
trial to answer an indictment for
criminal libel
The charge again Page Is that on
April he mailed from his home in
New York city a pamphlet calling the
members of the judiciary committee
crooks" and "perjurers'' because them
declined TO present to Congress a me-
mortal sent by Page in December en-
titled the Death OF Liberty" In tho
| memorial Page had asked the commit
| tee to institute impeachment proceed
ings against certain judges OF the
state courts OF New York who had
found adversely to him In divorce pro-
| ceedings brought by Mrs. Page.
Petition Is Refused.
The committee at a meeting February
| Is unanimously decided TO refuse the petit
ton OF Page. declaring Congress without
| authority to interfere with state judges
or other state officials Chairman Clayton
of the committee notified Page Of the re-
belous pamphlet was sent by the New
York merchant to every member or Con-
gress. to the press gallery and TO the
legislatures OF several states.
Chairman Clayton refused TO take up
the question of criminal prosecution. but
the committee. incensed at the action or
Page appointed Representative Sterling
OF Illinois, the ranking republican on the
committee, as chairman OF a subcom-
mittee to confer with the Attorney Gen
eral. At the request OF the subcommittee
Mr.. Clayton accompanied them to the De-
partment OF Justice and the indictment OF
Page followed.
Asks for Favorable Action.
At the conclusion OF the governments
case. proven by two senator's several
members Of the House judiciary COM
mittee and Miss Maud Friel of New
York, a former clerk for the accused.
who said the pamphlet was dictated in
part of her by Page. Attorney Samuel
Bell Thomas of New York, counsel Tor
| the defense, moved the court TO in
struct a verdict for the defendant.
Mr.. Thomas based his plea on
question Of law. He claims the court
is without Jurisdiction to try Page, be-
cause the defendant was not IN the
District of Columbia at the time the
alleged libel was written. He urged
that IL Page were tried here he might
be liable to be called to trial In every
state in the Union into which copy
of the pamphlet was sent. Mr.. Thorn
as claimed the state laws Of New York.
where the prisoner lives and was at
the time the libel was written, are ade-
Quate for his punishment.
Contention Overruled.
Justice Barnard overruled this conten-
ton last month Wien plea in abate-
ment was filed. The motion was renewed.
in preparation for the prosecution of an
appeal in the event OF conviction.
Page will take the witness stand and
tell the jury that he had the advice OF
learned lawyers and even some senators
that the committee should have given
him a hearing before dsmissing his
memorial of grievances. and that the al
legged libel was written for the purpose
only of making public the refusal of the
committee to give him justice. to which
he understood he was entitled
Counsel for the defense is expected to
show by the defendant that no malice ex-
lists against any member OF the commit
tee and that Page had no grievance with
termined to vilify. The defense will be in
the nature of a justification, not OF the
charge that the members OF Congress are
crooks and perjurers but that Page
d
member to what he considered a derelc-
ton of his duty The case probably VIII
go to the jury tomorrow.
Clayton Makes Request.
Representative Clayton OF Alabama.
shortly after the jury had been sworn
this morning, addressing Justice Barnard.
asked that the members OF his committee
be allowed to go to the Capitol to resume
the consideration of important business
there pending. He told the court that he
and his associates would hold themselves
in readiness to answer a telephone call to
appear when reached in the progress or
the trial.
Justice Barnard granted the request
except as to the members standing among
the first witnesses to be called. Later IN
the day the court had to take recess 10
await the arrival of Chairman Clayton.
who was called by the prosecution, AFTER
the announcement that he would not be
used. Assistant Attorney General Ad-
kins and United States Attorney Wilson
decided later to call the chairman OF the
committee.
Mr.. Adkins made the opening state
ment for the prosecution. and the de-
Tense reserved its statement.
congressman Testify.
Senators Ashurst OF Arizona and John-'
ston OF Alabama told OF receiving copies
of the pamphlet at their offices in the
Senate building. Representative Sterling
OF Illinois told Of the presentation by his
subcommittee Of the matter to the De-
partment Of Justice. Representative
Floyd of Arkansas also told OF receiving
the CODY and detailed the action OF the
judiciary committee in reference TO the
death of liberty memorial.
Grafton S. Wilcox of the Associated
Press testified that a copy of the libel
was sent by mail to him and w. Il.
Jaynes, secretary to Senator Bailey, de i.
tailed a visit from Page to the office OF
the senator for the opinion of the latter
on the right of impeachment Mr.. Jaynes
said the impression received by him from
the conversation was that Page wanted
to overthrow the judiciary of New York.
and he advised the defendant to confer
with the senators from that state.
J. S. South, chief clerk to the clerk
of the House, was offered as a witness
to prove the credentials of the MEM
bers of the judiciary committee, but
counsel for the defense admitted this
desired evidence, and Mr.. Smith was
excused. j. ]. Spaight. clerk to the
judiciary committee, testified TO the cor
between the chairman ana
the defendant, Page.
Miss Maud Friel former clerk for
Page, identified the libelous pamphlet.
which she said was partly dictated TO her
by Page She got the names and ad-
dresses, she said, from the Congressional
Directory. William P Hickok a printer,
from New York, said he printed the PAM
phlet for Page, who paid for IL.