Being Arranged by Secretary Root and the State Authorities.
Buffalo, Sept. 11.—District
Attorney Penney, who has charge of the criminal branch of the attempt
on the president’s life, was in conference with Secretary of War
Root, today, in reference to some of the criminal features of the
case. The conference lasted about an hour. It was stated, at its
conclusion, that certain questions with regard to the prosecution
were considered, but there was no announcement of any definite conclusion.
Following Mr. Penney’s call, Secretary
Root went to the Milburn 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. Penny’s
call and the subsequent exchange of views between the officials
was not disclosed.
It can be stated as from authoritative
sources that there are certain general features of the criminal
branch of the subject now pretty fully settled. As to Czolgosz,
there is general agreement that his crime is for the New York and
not for the national authorities to deal with. In thus dealing with
it under the New York laws, a question has arisen as 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 punishment.
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 a misdemeanor under the New York laws, and its
punishment is not commensurate with the crime in this case. On the
other hand, assault with intent to kill is a felony, and, as such,
is much more serious than conspiracy. Moreover, a prosecution for
the actual assault with intent to kill might also incidentally involve
the question of conspiracy 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 Molineux case in New York City
is cited as one in which those who committed the crime were not
present when the victim fas [sic] foully dealt with. The
vital point in such cases is to secure sufficient evidence to establish
that the acts of an absent 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. At
pres-  ent, however, there has
been no step toward extradition and it does not appear to be under
The Buffalo police have not yet 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 the [sic] examining the local Anarchists. There
are about twenty pronounced Anarchists in this city, and they are
all to be brought in and questioned. It is doubted that the local
circle was informed of Czolgosz’s plan, but the police say that
it is possible that some of them were aware of his presence and
assisted. The investigation, which Superintendent Bull is making
is as far-reaching and complete as is possible. Czolgosz is still
in the police lockup, 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 tunnel with the city
hall, where the courts are located, and privacy and secrecy in handling
him ar[e] asured [sic].
The legal phases of the prosecution
of Czolgosz and of any accomplices who may be discovered and the
steps taken by the local authorities here as communicated to Secretary
Root by District Attorney Penney were also discussed at considerable
length, but one of the cabinet officers said that no definite conclusions
had been reached.