The Prosecution

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- [1][6] ent, however, there has been no step toward extradition and it does not appear to be under consideration.
     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 are 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.