New-York tribune., 1901-09-12

D
CABINET MEMBERS CONFER.
CZOLGOSZ TO BE PROSECUTED UNDER
NEW-YORK STATE LAWS

Buffalo, Sept. 1.-THE five members OF the
Cabinet who here talked over pending pub
lie questions for an hour to-day at the
Glenny house adjoining the Milburn residence.
but ii is understood that action resulted. The
South American situation gone over, and
there was exchange of opinion regarding the
legal phases OF the case against the would be
assassin
It can be said in the most positive manner
that there is conflict of authority between
the State and Federal authorities for the pos
session Of the prisoner. The members of the
Cabinet Attorney General Knox and Secretary
Gage as well as those who are here. are unani-
mously of opinion that CZogosz's offence is
against the State of New-York and Erie County,
and that there is no Federal statute to cover the
case. District Attorney Penney consulted Sec
retary Root to-day to procedure. He did not
ask Mr. Roots opinion as Secretary of War. but
as one of the ablest lawyers in New-York State.
1t is understood that the local authorities
only awaiting the result of the shot to formu-
late their charge against the assailant of the
President.
QUESTIONS FOR THE PROSECUTION
In dealing with the under the New-York
laws q question has arisen 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 phases and will impose the severest pun
ishment. If the prosecution were for conspiracy
with Emma Goldman or any other person. the
authorities would be confronted by the fact that
conspiracy is only a misdemeanor under the
New-York laws, and its punishment is not COM
mensurate with the crime in this case. On the
other hand. assault with intent to kill is a
felony, and such Is much more serious than
conspiracy. Moreover. a prosecution for the
actual assault with intent TO kill might also in
cidentaily involve questions of conspiracy in
which other people took part, For instance. the
physical presence OF Emma Goldman at the
commission of the crime is not essential TO make
her party TO 1t. If there Is other evidence that
she actually brought about the crime. The vital
point in such cases is TO secure sufficient evil
dence to establish that the acts of an absent
party directly led to and brought about the
crime. In case the Goldman woman was prose-
cuted as an absent participant in the assault
this would be under the laws OF New, New YORK 6orK
State, and she would have to be eXtradited from
| Illinois At present. however. there has oeen no
| step toward extradition, and 1t does not appear
| TO be under consideration.
ANARCHISTS IN BUFFALO.
The Buffalo police have not yet finished the
| local investigation of the case. They are NOT
| only working out the details OF every movement
made by Leon Czolgosz. but one after another
| they are examining the local anarchists There
| are ABOUT lWSuly dIldiC4iiSNs iii Tins S'NJ ''
! they are all to be brought in and questioned
1t is doubtful II the local circle was informed OF
Czolgoszs plau. but the police say 1t Is possible
| that some cf them were aware of his presence
| and assisted him.
The inves tisation which Superintendent Bul
| IS making is as far-reachi1g ard coTcplete Al
| possible C2ogosz is still in the police lookup
| but will probably be removed sooh 10 the ERIE
County Jail. The latter offers special advan'
tages for his ARA ignnent as ii is connected b!
| tunnel with the City Hall. where the courts ar
| located and privacy and secrecy In handling
him are assured.