The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-09-12
ARCHIBALD ARREST
Is NOW INDICATED
District Attorney Marshall
Here Is Ordered to Act on
the Evidence.
DOUBT SEEMS REMOVED
Government Will Prosecute
All Americans or Aliens
Guilty Of Strike Plots.
DOUBT SEEMS REMOVED

WAsHINoroN. Sept. 1.-THE Depart
ment Of Justice has decided to call the
ATTENTION OF United States District At
torncy Marshall at New York to the
evidence regarding the case OF James F.
J. Archibald, the American correspc nd
mt whom Ambassador Dumba admitted
he had employed TO bear secret mes
sages TO Vienna.
District Attorney Marshall will be
asked to examine the data relating 10
Archibald's mission in the light OF sec
ton ) OF the Psral code. which PIE.
scribes punishment for criminal CORE
~spondence with a foreign Government.
IL action is brought against Archi-
bald d will be initiated in the United
States District Court In New York. as
New York will be the first American
soil on which Archibald will touch foot
upon his return - the United States
from Rotterdam.
The disclosure of the intention OF the
Department OF Justice to make a thor
ough investigation OF the Archibald case
was made with such frankness by Gov
officials to-day AS to give the
impression that they are inclined to be-
lieve that Archibald may be successfully
prosecuted.
a day or so ago some doubt existed
among officials about prosecuting Aren't
bald In view OF the provision OF the
criminal statute. which may be invoked.
that a person to he deemed guilty of
conducting criminal correspondence with
a foreign Government must have knowl-
edge OF the purpose OF his mission when
he undertakes TO transmit documentary
or oral information intended to defeat
the measures OF the United States.
Archibald was quoted in cable des-
patches this week as denying that he
knew the character Of the
lions he had accepted for transmission
to Vienna. on the other hand. Secre-
tary Lansing In the note demanding the
recall Of Dr. Dumbs stated that Archi-
bald had been employed by the Ambas-
sador to carry dispatches TO the Aus
tro-Hungarian Government.
The Department Of Justice officials let
II be known to-day that II will be the
policy OF the Government TO prosecute
every American citizen or amenable
alien who Is deemed guilty Of partici-
patton in a conspiracy TO cripple the In.
dustrial plants OF the United States. II
was ut1uerrVoOu, nONtNtT, tUtt no I'M
mediate action would be taken against
any Of the aliens whom the agents of the
Department OF Justice have been in
vestigatlng until the more immediate in
terests OF the State Department In tho
different cases have been met.
Among the Austrian Americans who
have been mentioned in the plan 10 tie
up plants in this country liz William
Warm. recently associate editor OF The
Daily S~sabadsdo, a Hungarian news
paper. Warm. together with many Aus
TRAN editors n their agents, is said 10
have been an active force in the formu-
lation OF the plan 10 tie M factories in
the West.
II 10 known hat Department of Jus
tice officials are active In making in
quiries into the operations OF aliens rep
~resenting European belligerents. Mr..
Bielaski. chiof Of division OF investiga-
ton. Department Of Justice. had a talk
to-day with the State Department Of
ficials.