The age-herald., 1901-09-12
CABINET TALKS
 OF PROSECUTION District Attorney Penny Confers
 With Secretary Root CRIME AGAINST THE STATE Certain Features of the Criminal Branen of the Subject Are Now Pretty We'll settIed-conspir-
 acy a Misdemeanor.
CRIME AGAINST THE STATE

Buffalo, September 11.--District Attor- ney Penny. who has charge of the crim- inal branch of the attempt upon the Presidents life, was in conference with Secretary of War Root today with refer ence to some criminal features of the case
 The conference lasted about an hour It was stated. at it's conclusion that cer- tain questions with regard to the prose cution were considered, but there was no announcement of any definite conclusion Following Mir Penny's call, Secretary Root went to the Milburn house, where he was joined by the other members Of the Cabinet who were there, and soon thereafter all of them repaired to the Glenny House. adjoining, where their in formal discussions have been held. Whether there was any connection be- tween Mir. Penny's call and the subse- ouent exchange of views between the of- ficials was not disclosed.
 It can be stated as from authoritative sources that there are certain general features of the criminal branch of the subject now pretty well settled. As to Czolgosz, there Is a general agreement that the crime Is for New York ,and not for the national authorities to deal with In thus dealing with it under the New York laws a question has arisen as to the nature of the prosecution, as there are several phases in which the crime can be viewed, and the desire is to adopt the course which will give the most serious phase and will impose the severest pun ishment
 Conspiracy a Mlsdemeanor.
 If the prosecution were for conspiracy with Emma Goldman or any other person the prosecution would be. confronted by the fact that conspiracy is only a misde- meanor under the laws of New York and It's punishment is not commensurate with the crime in this state.
 On the other hand, assault with intent to kill is a felony, and as such is more serious than conspiracy. Moreover, a prosecution for the actual assault with in tent to kill might also incidentally in volye the question of conspiracy in which other parties participated. For instance, the presence of Emma Goldman at the commission of the crime is not essential to make her party to it If there Is other
 
 the crime,
 The Molineaux case in New York City Is cited in which one of those who con> mitted crime was not present when the victim was foully dealt with. The vital point in such case Is to secure sufficient evidence to establish that the acts of an absent party directly led up to and brought about the crime. In case Miss Goldman was prosecuted as an absent participant in the assault this would be under laws of New York state, and she would have to be extradited from Illinois. At present, however, there has been no step toward extradition and 1t does not appear to be under consideration.
 Investigation Continues.
 The Buffalo police have not yet conclu- ded the local investigation of the case. They are not only working out the de- tails of every movement made by CZol- gosz, but one after another they are ex- aming the local anarchists. There are about twenty pronounced anarchists in the city and they are all to be brought in and questioned. It is doubted that the local circles were informed of Czolgoszs s plan, but the police say 1t Is possible that a number of them were aware of his presence and assisted him.
 The investigation which Superintendent Bull is making is as far reaching and complete as Is possible. Czolgosz Is still In the police lock-up, but probably will be removed soon to the Erie County jail. The latter offers special advantages in connection with his arraignment, for 1t is connected by tunnel with the city hall, where the courts are located and privacy and secrecy in handling him are assured.