Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-09-14
Bonds Posted
By Newsnnen
In Indictment
Dismissal Motion
Will Be Filed
In St. Murys Suit

pNlut the news rs we see ~,
the publisher and editor Of the
Enterprise. weekly newspaper
at nearby Lexington Park.
today posted 500 bond each
ct the county courthouse on
charges growing out Of their
newspaper editorials.
The publisher. j. Sheridan
Fahnestock, and the editor.
Alfred Toombs, Of the 74-year-
old paper were indicted late
yesterday by the st. Marys
County grand jury on charges
Of obstructing justice and
m aintaining q public
nuisance"
Attorneys for the newsmen
on Monday will ask that a
hearing date be set on a mo-
ton to dismiss the indict-
ments.
Circuit Court Judge Philip H.
Dorsey, jr., longtime county
Democratic leader who sold the
Enterprise to Mr.. Fahnestock
IL years ago, had ordered the
grand Jury last Monday to de-
termine whether the newspaper
should be cited for contempt
Of court. The newspaper had
printed news stories and edi-
torials critical Of Judge Dorsey's
appointment to the county's
two property review boards.
Charges Are MisdemeanOrs
The indictments cited one ar
ticle and two editorials but con-
tanned no mention Of contempt. |
States Attorney Walter Dorsey.
son Of the judge. said the two
charges were misdemeanors.
Both Mr.. Fahnestock and
Mr.. Toombs today said they
hoped Judge Dorsey will not
disqualify himself from future
action in the case.
"He has gone this far in
taking a matter to the grand
fury which concerned himself"
Mr.. Fahnestock said. land !
don't see why he should step |
out now" The younger Dorsey
Is expected to prosecute the
case personally.
The newsmen's attorneys.
william M. Loker, IT,, and
Robert Z. Wigginton. filed q
motion to dismiss the indict-
ments last night Immediately
after the grand jury present.
ment, on grounds no violation |
of Maryland law was shown
and that the indictments were |
In conflict with constitutional
safeguards for q free press.
News Policy Stated
1--WE are going to continue to
print the news as we see it."
Mr.. Toomhs said. whether It \
involves Judge Dorsey or any
body else and viii continue 70
comment editorially on their
actions too"
Mr.. Fahnestock scored the
court action against the paper
as an attack on press freedom.
I'VE will fight this through
TO the highest court necessary"
he said.
The jury made only one
reference to its investigation
Of the articles in its report.
The report said the grand
fury felt "that two boards viii
afford no added expense to the
State or county"
The editorials in the Enter
prise had criticized the APP
pointment Of leading political
figures in the county to the
review boards.
Among Judge Dorsey's APP
pointments to the boards were
former State Senator Paul j.
Bailey and John H. T. Briscoe,
both county political leaders
and both lawyers who were APP
pointed as legal members Of
each board.
The first indictment charges
that the Enterprise officials
maintained'a public nuisance
Gin that the aforesaid articles
were false and maliciously
printed, published and written
with a view to distorting the
truth. :" The indictment said
the articles created alarm and
anxiety among the public all
TO the absolute destruction of
comfort and welfare of many
citizens.
Public Ridicule Charged
The second indictment said
the articles were printed with
q view to holding the court and
the property review board up
to public ridicule, scorn and
contempt without Just cause
and reason"
The indictment charged that
the articles deliberately flout
the truth and obstructed the
court in the performance Of
its duties. creating a serious,
present, and imminent danger
70 the administration Of justice
In st. Marys County"
Both offenses charged in the
indictments are misdemeanors
under common law.
In recent years, the Enter
prise has been critical Of county
officialdom, coming out with
stories on slot machines, illegal
gambling activities and alleged
conflicts Of interest" situations
involving county officials.
The weekly opposed Judge
Dorsey's election TO the bench
last year.