The Providence news. (Providence [R.I.]) 1891-1906, 1898-05-10
Downing to Be Placed on
Trial as a Spy.
LIABLE GEOGRAPHICALLY
What Articles Of War and Statutes
Say In Such Cases.
MANY DRASTIC PROVISIONS

Washington, May 1o.-By direction of
the president, Assistant Secretary Mel
klejohn of the war department has been
placed In charge OF the military secret
service Of the government during the
continuance OF the war with Spain. The
secret service of the treasury depart
ment has been placed at his disposal.
Mr.. Meiklejohn y constantly receiving
letters from many persons giving infor-
nation concerning the actions of peo-
pie suspected of furnishing information
to the Spanish government. These are
being promptly Investigated.
Two charges are preferred against
Downing, who was arrested Saturday.
The first II 4 violation Of section 1913 OF
the revised statutes. The specifications
under this charge allege that Downing
acted a. a spy. the United States being
at war with Spain. and obtained infor-
nation in regard to the military and
naval operations of the United States
and endeavored to communicate the
same to q person In Montreal for use by
the Spanish government In it's hostile
operations against the United States.
The second charge IL giving intelligence
10 the enemy In violation OF the 4eth
article of war. The specifications are
that Downing obtained information In
regard to the military and naval opera
tions of the United States and communi-
Gated the same to a person In Toronto for
use by the government Of Spain In its
hostile operations against the United
States. Under the first charge the pris-
oner Is liable on conviction to suffer
death. while under the second his pun
ishment shall either be death. or such
as the courtmartial may direct The
prisoner will be given permission to en-
ploy counsel for his defense. II the
sentence is death. the prisoner will prob
ably be shot.
Articles OF war numbered As and As and
section 1343 Of the revised statutes pre-
scribe the punishment which shall be
meted out to those found guilty Of re-
lieving the enemy, holding correspon-
dence with him or engaging in rebellion
against the United States. The war
department officials express desire that
these be published at this time, as
they may be Instrumental in deterring
from such acts persons who might other
wise. not knowing IKE law. violate them.
ne dItlcies Oh war anu the section OF tne
revised statutes referred to are as fol-
lows:
Article 45-whosoever relieves the
enemy with money, victuals or ammuni-
tion, or knowingly harbors or protects
an enemy shall suffer death. or such
other punishment as courtmartial may
direct.
Article 46-whosoever holds ccrrs-
spondence with or gives intelligence to
the enemy. either directly Or indirectly.
shall suffer death. or such other punish
ment as the courtmartial shall direct.
Section 1343-Ail persons who in time
of war, or OF rebellion against the SUI
preme authority of the United States
shall be found lurking or acting as spies
In or about any Of the fortincations.
posts. quarters or encampments of any
OF the armies OF the United States. or
elsewhere. shall be triable by a gem
eral courtmartial, or by a military COM
mission. and shall on conviction thereof
suffer death.