Evening star., 1901-09-10
EXPRESS IDENTICAL VIEWS
LOCAL LAWYERS pN POSSIBLE Pun
IsHnESr OF czoLGosz.
Can Only BE Charged with First De-
gree Assault With Intent TO XIII
If Presidens Receivers.

Columbia ceem to be unanimously of the
opinion that under the law the would-be
assassin of President Mckinley can be
charged only with assault with intent to
Kill. In the first degree, in the event the
PRESIDENT recovers. SThe infiction OF the
two wounds will naturally be merged into
one onense, it Is held. The possible charge
OF carrying concealed weapons is consider
ed so insignificant IN comparison with the
assault charge as to PASS unnoticed.
Mr.. d. w. Baker; formerly assistant
Columbia, and one OF the most prominent
Of the younger membsrs OF the bar. in con-
versation with a Star reporter today rela-
tive to the legal aspect Of the Buffalo af-
fair, said:
In looking at the almost fatal attack
upon the President Of the United States
one Is astonished at the defect in the law
punishing such crimes. The defect exists
not only In the statutory law, but it ap-
pears In the Constitution of the United
states itself. The crime is not treason.
even II the result had been fatal, but a
mere loca. crime against the state of New
YORK. AS 1t IS, the criminal can only be
tried In that state for the assault-an as
sauit with a deadly weapon being an as
sault with intent to kill In the first de-
gree-and punished by an imprisonment not
to exceed ten years. OF course, the crimi-
nal Is also guilty Of carrying concealed
weapons. but that offense Is minor to the
other, and If not merged is very seldom
ever charged where a felony is also COM
mitted.
Treason as Defined In Consultation.
THE Constitution of the United States de-
fines treason as follows:
Treason against the United States con-
sists only In leyying war against them
or In adhering to their enemies, giving
them aid and comfort and it would be
utterly Impossible for Congress to pass
statute making an offense treason that was
not involved in the above definition. The
meaning of this definition has been well
defined by the several federal courts and
cannot be extended to include mere pri-
vate conspiracies against the life Of gov
ernment official. Treason in the English
speaking world is, at the present time.
statutory crime, and is never extended be-
yond the strict terms of the statute; and
while the teaching Of the doctrine OF an
archy Is crime. it could not be extended
at the present time to be an offense against
federal statutes, although such teaching
may have led to a crime exactly like the
one committed.
Action Imperatiyely Necessary.
Anciently 1t was an offense to imagine
the death of the king, the law holding that
where person imagined such a thing he
must have thought. of committing the
crime: and while this barbarous law has
been long since abolished, still there is no
doubt that teachings and speeches that at
tack the foundations Of government do lead
to crimes against the officers Of the gov
eminent. They have their effect on weak
minded people as well as upon criminals,
and some action should be taken either by
the several states or the federal govern
ment to punish such persons.
When the conviction of the murderer OF
President Garfield was upheld by the court
upon what great many lawyers believed
to be too liberal construction Of an Eng
action should have been taken then but
it is now high time for the federal govern
ment to act and protect its public officers.
District Attorney Gould and Others.
Mr.. Ashley M. Gould, United States at
torney for the District OF Columbia, says
that the shooting cannot possibly be con-
strued as treason. Under the law it is SIM
ply case of assault in the first degree If
the President survives, and is punishable
by Imprisonment for from five to ten years.
In the opinion of United States Attorney
Gould but the one offense Will be charged.
The matter of carrying concealed weapons
will not be considered.
Mr.. Arthur A. Birney, formerly United
States attorney for the District OF Column
bia. agrees with Mr.. Baker and Mr.. Gould
as to the legal nature of the case.
number OF other well-known Washing
ton lawyers were seen by the reporter and
their views all agree, in the direction set
forth in the foregoing.