Show DECLINES DECLINE TO PARTICIPATE III IN INTHE THE CASE V United Unfed States District Attorney for Indiana Sends in His Resignation SOME STRONG REASONS GIVEN FOR HIS FItS ACTION HAS NO SYMPATHY WITH GOV GOY GOVERNMENT IN PROSECUTION OF INDIANA EDITORS Washington March 5 United States District Attorney Healing at Indianapolis has resigned rather than participate In the efforts of oC oCth tim the th department of oC justice to bring Delovan Smith and Charles K R Williams to Washington to stand t r trial for criminal libel In connection connection tion with publications concerning the Panama canal and railroad Mr Sir standing with th the department of oC Justice Is I said sold to be high In connection with the Elk Elkhart Elkhart Elkhart hart bank case Mr Kealing prose prosecuted prosecuted and convicted all of oC the off officials dais of oC that Institution Including Walter Brown who was his close V personal friend and a member of oC the Republican state committee t c W Miller who has twice been attorney general of oC Indiana will willbo willbe 11 be bo recommended by Senator Bev Bet for United States attorney to succeed Mr lIr Kealing Indianapolis Ind March 5 United States Attorney Joseph B Kealing who has resigned his office rather than par participate participate participate in the prosecution against a Del Delan Delevan evan an Smith and Charles R B Williams of the Indianapolis News would make no 10 statement today todar regarding the mat matter ter other contained In his let letter letter letter ter of resignation to the attorney gen general en oral eral dated March 2 In Tn that he says flays 4 Sir SIrI I beg to inform you ou that I have today sent my mf formal resignation as States attorney for the district if f C Indiana to the president of oC the 1 States 1 I am informed that indictments have te been returned by the grand Jury of the District of Columbia against Del Delevan Delevan evan Smith and Charles li It Williams proprietors pr of the Indianapolis News for libel and that steps will willbe willbe be taken to remove them to that dis district district district for trial triai As both are in this dis district district triet under the law Jaw It will become my official duty to assist in such removal proceedings V Has Always Done His Duty For almost eight years I have had the honor of oC representing the govern government government ment as United States attorney Dur Durins DurIng During Ing ins that time I have prosecuted all au without fear or 01 favor where I Iha haVran ha an honest belief in their guilt I ha have c been compelled on several oc to prosecute personal friends but In each case I only did so after a thorough Investigation had convinced me lue of oC their guilt In this case I have made a careful Investigation of the law applicable thereto As to the guilt or innocence of the th defendants on the question of oC libel I do not attempt to say If It guilty guilt they should be prosecuted but hut properly in indicted Indicted and prosecuted in the right place flace viz iz at their homes It is with the question of oC removal that I have to do New Departure Dangerous I 1 am not In accord with the govern in its attempt to put a strained of the law to drag the de defendants defendants defendants from their homes to the seat of the government to tp be tried and pun punished punIshed punIshed while there is 15 a n good and sufficient dent law In iii this jurisdiction in the state court I 1 believe the principle In solved Is dangerous striking at the cry ery foundation of our form of oC govern government government government ment I cannot therefore honestly and Insist to the court that hat such sueh is the law or that such construction construction construction tion should be put on it Not being able to do this I do not feel that I can canin canin in 11 in Justice to my office continue to hold it and decline to assist In order therefore to relieve us both of any embarrassment I have tendered my resignation and have asked that it be not later than March 15 1909 I have made It of this date in order that President Taft for whom I have haYe the tho highest respect and Continued on Page 3 DECLINES TO PARTICIPATE TN IN THE CASE Continued from Page 1 admiration may have Ite time to name my successor Respectfully Respectful Signed JOSEPH B KEALING HEALING United States Attorney e |