Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1901-09-13
POLICE AND LAWYERS
PLAN PROSECUTION
ASSAULT WITH fhTENT TO KILL
WILL BE THk CHARGE
AGAINST cxpLeosz.

MILBURN HOUSE. BUFFALO. Sept.
.11.-District Attorney Penny who has
charge of the criminal branch of the at
tempt on the presidents life, was in con-
ference with Secretary Of War Root to-
day with reference to sDne criminal feat
ures Of the case. It wss stated that there
was no definite conclusion. Following
Mr. Penny's cali, Secra tary Root went to
the MiIburn house, where he was joined
by the other members 81 the cabinet. who
were soon to go to tue Glenny houser
where a formal discussion win be held.
Whether there was any connection be-
tween Mr.. Penny's cas- and the subse-
auent exchange Of v1eus could not be as
eertained.
AS to Czolgosz there rs q general agree
ment that his crime Is for the New York
and not the national tuthorIries to deal
with. A question has arisen as to the ma
ture Of the prosecution as there are sew
eral phases in which the crime can be
viewed, and the desire is to adopt the
course which viii give the most serious
phase and will impose the severest pun
ishment. 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 misdemeanor under the laws of
New York and its punishment is not COM
mensurate with the crime IN this state.
to kin Is a felony, and as such Is much
more serious than conspiracy. Moreover,
prosecution for the actual assault With
intent to XIII might aleo Incidentally in
volve the question Of conspiracy In which
other parties participated. For instance,
the presence Of EHma Goldman at the
commission Of the crime IS not essential
to make her party to Il II there is other
evidence that she actueiIy brought about
the crime.
The Molineux case In New York city Is
cited as one IN which these who committed
the crime were not present when the vic
tim was foully dealt with. The vital point
in such cases Is to serlre sufnclent evi-
dence TO establish thai he act OF an abb
sent party directly leo g ana brought
about the crime. In ease Miss Goldman
was prosecuted as en- absent participant
in the assault and will be under laws Of
New York state and she would have>to be
extradited from Illinois. At present, how
ever there has been no step toward ex-
tradition, and 1t does not appear to be
under consideration.
The Buffalo police have not yet con-
cluded the local investigation of the case.
They are not only working out the de-
tails Of every movement made by Czol-
Rosz hut one after another they are ex-
amining the local anarchists There are
about twenty pronounced anarchists in
the city and they are all TO be brought
in to be questioned. 1t is doubted that
the local circle were Informed of Czol-
gosz's plan. but the police say it Is pOssi-
Bile that a number of them were award
Of his presence and assisted him.
The investigation Chief Bull is making
Is as far reaching and as complete as pos
sible Czolgosz Is sim 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 it Is connected by "a
tunnel with the city hall. where the courts
are located and the privacy and secrecy
in handling him are assured.