Evening star., 1901-09-11
Hard to Find Law Which Fits
Czolgosz s Crime
Case FOR THE STATE COURTS
District Attorney Penney and Sec
retary Root in Conference.
QUESTION AS TO CHARGE

MILBURN HOUSE, BUFFALO. N. Y.
September 11.-Distrfct Attorney Penney
who has charge Of the criminal branch OF
the attempt on the Presidents life, was in
conference with Mr.. Root, Secretary OF
War, today in reference to some of the
criminal features of the case. The confer
ence lasted about an hour. It was stated
at its conclusion that certain questions
with regard to the prosecution were con-
sidered but there was no announcement of
any definite conclusion. Following Mr..
Penney's call Secretary Root went to the
Milhurn house, where he Joined the other
members Of the cabinet who were there,
and soon thereafter all of them repaired
to the Glenny house, adjoining, where their
informal discussions have been held.
Whether there was any connection between
Mr.. Penneys call and the subsequent ex-
change Of views between the officials was
not disclosed.
1t can be stated as from authoritative
sources that there are certain general fea-
lures of the criminal branch of the subject
now pretty fully settled. AS to Czolgosz
there Is general agreement that his crime
iss for the New York and not for the ma
tionai authorities to deal with
Nature of the Prosecution.
In thus dealing with 1t under the New
York laws question has arisen as to the
nature Of the prosecution. as there are sew
erM 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
II the prosecution were for conspirac cy
with Emma Goldman or any other person
the. prosecution would be confronted by
the fact that conspiracy Is only a misde-
meaner under the New York laws, and its
punishment is not commensurate with the
crime In this case. On the other hand as
sault with intent to kill Is felony, and
as such is much more serious than conSpir.
acy. Moreover. a prosecution for-the act
ual assault with intent to kill might also
incidentally involve the question of con-
spiracy. in which other parties participated
For instance. the physical presence OF
Emma Goldman at the commission of the
crime is not essential to make her a party
to it. If there is other evidence that she
actually brought about the crime.
The MOlfneux case in New York city Is
cited one in which those who committed
the crime were not present when the vic
tim was foully dealt with. The vital point
In such cases Is to secure sufficient evi-
dence to establish that the acts of an alb
sent 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 the laws
of New York state, and she would have to
be extradited from Illinois.
No Effort to Get Miss Goldman.
At present. however, there has been no
step toward extradition, and it does not
appear to be under consideration
The Buffalo police have not concluded
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
twenty pronounced anarchists In this city,
and they are all to be brought in and Ques-
toned. 1t Is doubted that the. local circle
was informed Of Czolgosz's plan, but the
police say that 1t Is possible that some of
them were aware Of hfs presence and as
sisted him. r ..-~ E-...~s Il! -s s
The Investigation which Superintendent
Bell is making is as far-reaching and COM
plete as is possible. Czelgosz is still in the
police lookup, but probably will be remov-
ed soon to the Erie county jail. The latter
offers special advantages in connection
with his arraignment, for It Is connected
by tunnel with the city hail. where the
courts are located, and privacy and Sc
crecy in handling him are assured