The sun., 1917-09-24
Justice Daniel r. COhalan
and Others Accused Deny
Washington Charges.
LEGAL PROOF SOUGHT
Government Prosecution Of
Men Involved Is Up to
Attomey-G General.
TRACING S13O.O0O FUND
Peoples Council and Other
Peace Propagandists I'm
der Suspicion.
LEGAL PROOF SOUGHT
TRACING S13O.O0O FUND


The amazement produced in this city
yesterday by the United States Cow
ernment's expose of German plotting
and spying and by the prominence given
to the names OF Supreme Court Justice
Daniel +. Cohalan and Of other Ameri-
can citizens named as having been in
friendly touch with the Kaiser's spies
was promptly followed by widespread
inquiry as to whether or not the Gov
ernment will seek to punish any of the
persons mentioned
All questions put to members Of the
United States Attorneys staff along that
line were met with the reply that any
information must come from the Attor-
ney-General at Washington. II was
said privately. however, by Federal
officials who might he presumed 10 have
knowledge of tine Governments policy
that the likelihood Of prosecuting any
OF the persons mentioned In the expose
is very remote, and that the Govern
ment would have gone 10 court within
the past year had it intended doing so
at all.
Tho opinion of oficials here seems
to be that the Governments policy has
already been manifested, and that this
policy contemplates sucn public ex-
posure Of persons who have assisted or
advised German spies as will make
them harmless in the future. II was
inferred that the Government possesses
vastly more evidence OF the activities Of
Irish Americans and German Americans
than has yet been revealed. and that
this evidence. with the necessary names
and dates will be made public in a
series of statements such as came from
the Committee on Public Informa ton
yesterday.
Legal Proof Is Lacking.
In other words according TO officials
hero who are constantly IN touch with
Washington. il is the aim Of the Gov
ernment to reveal In their true colors I,
certain persons In all parts OF the Units,
States. but especially In New York and
other large centres Of population. who
have been posing as loyal citizens while
secretly violating the laws OF neutrality
and aiding Germany. The Government
is having recourse to publicity on n
larger and more important scale. prob
ably, than has ever been known in the
history of the world.
One OF the obstacles TO an attempt 10
punish the persons named il the lack OF
legal proof In some cases Although the
secret service agents satisfied them
SELVES anu lile NfONtrIlrUell' Cl inc CONT
plicity OF various individuals in German
plotting, il was impossible TO secure such
evidence as would hold in court and
such as would be imperative for securing
convictions. In the case OF several
American citizens mentioned In the LAT
est expose the Government had 10 hs
contented with hearsay evidence. that II
with documents which referred unmIs-
takaby to the guilt Of various persons.
but which would be OF little or no value
In building up a structure Of legal proof.
One Of the most eminent lawyers IN
! the United States expressed this point
OF view 10 THE sun last night He in
stanced the statute under which prose
cutions for violating the neutrality OF
the United States might be begun. This
was section OF the United States Grim
inal Code. a section known formerly az
b325 of the Revised Statutes of me
| United States. This section provides
| that whoever corresponds with q foreign
government or the agents of foreign
! government, directly or indirectly, FOR
| the purpose OF influencing the conduct os
! a foreign government with which thu
United States Is at peace may be pun
i.hed, II proved guilty, by fine of
$1,000 and three years Imprisonment, or
| by both fine and imprisonment
Secs Grounds for Action.
"1' would seem TO me from reading
| the statement issued by the Committee
| on Public Information that there would
be some grounds for An action against
some of the persons mentioned said
this legal authority last night. Tile
main point Is that these persons are ac-
cused OF performing or attempting to
perform unneutral acts while the nation
was neutral IT would seem that this
| would afford ground of action. On
the other hand. each case would have
| to be examined in the light OF legal
proof. and ] suspect that legal PROOF
would be lacking in some cases, either
because Of the anonymity OF the docu-
ments or because Of the absence OF wit
nesses
Clear outside of the question of LOCAL
proof. however. is the feeling Of the pub
lie, perfectly apparent now. taat the
Government has been. too patient. too
gentle, with persons Of the character al
luded to. There is a definite public de-
mand that from now on AZ least the Irish
agitator. the German irreconcilable. the
pro-German paci6st and various other
discontcnted citizens be harshly sup
pressed il necessary. interned for the
duration OF the war"
The most definite comment IN denunci-
alton Of the activities alleged to Justics
Cohalan. Jeremiah A. OI.eary, John
, Dewey and other radical Irish Americans
by the Government statement yesterday
, came from Chief Magistrate William No.
Adoo. one of the most prominent Irish
Americans in the United States and an
earnest opponent OF tho violent mea Sc
ures advocated by tho Clsn-na-Gael and
Sim Fein agitators.
View of Magistrate McAdoe.
3 After reading what the Government
had to say about Justice Cohalan and III
Q reproduction of the document found
n among the papers Of Wolf Won Igsl
$ which made It appear that Cohalan sug'
4 gestcd TO the Kaiser's Government thai
{ the Irish revolution would he materially )
g helped by German aerial raids on Eng
= land and the establishment OF U-boai
bases on the Irish coast. Justice MeAdo<