The Savannah morning news., 1902-09-03
ABE COHEN'S LUCK
LAWYERS MAY SAVE HIS LIFE
AGAINST HIS WISH.
WILL ASK FOR NEW TRIAL.
COMMITTEE DECIDES HE Is EN-
TITLED To ONE.

Til the supreme Court Passes Upon
the Case, in Event Judge Barrow
Refuses New Trial-LittIe Doubt
That He VIII Do SO-Cohen Indif-
ferent TO His Fate.
In opposition TO his wishes Abe
Cohen. the condemned murderer of
Susie Rogers. will, by a motion in the
other lease on life. and the sentence of
death which was to have been put into
execution on Friday, will be stayed for
a time at least.
committee appointed by Judge
Barrow yesterday to take the case I'M
der advisement and report to-day
whether there is any reason why the
sentence of the court should not be
carried out, will recommend that, I'M
der the law the condemned man has
a right to another trial for the offense
for which, by his own statement, he
was convicted.
The committee is composed of Mr..
F. NJ. Oliver, Mr.. Robert L. CoIding
and Mr.. D. E. McCuen. In view of
the fact that Cohen, in the absence of
his former attorney, was without coun-
sci, Judge Barrow thought 1t advisa-
BILE to appoint a committee to look into
the merits of the case that the con-
demned man might have the advantage
of all the safeguards which the law
throws around a prisoner The attor-
neys, in pursuance to the order of the
court, met last night and a recon-
mendation was prepared, to be present
cd 10 the court. to the effect that CO.
hen is justly and legally entitled to
another trial.
Says Judge Erred.
The committee believes that the
judge erred in charging the jury that
it would be justified in recommending
That the prisoner be punished by inn
prlsonment for life should it find there
were circumstances of mitigation. or
circumstances which softened the
crime; that in so charging he circum-
scribed the power and right of the jury
under section So of the code. The
contention is that under that section
a jury has right to recommend
that the prisoner be imprisoned for life
Tor any reason, which, under the law
and the evidence, it deems proper.
whether they be circumstances of nit
igation or not.
In support of this position the COM
mlttee viii cite the court to the de-
clslon of the Supreme Court in Seven
ty-second Georgia Reports. in the case
of Hill VS.. the State In that case tho
judge charged the Jury that in CON
slderlng question of recommendation
TO mercy. it should not be governed by
sympathles, but by judgment, ap-
proved by the evidence in the case and
the law applicable to 1t. The higher
court held that the judge in SO charg-
ing committed an error in that he cir
eumscribed the power and right of the
jury. '1e
Judge BarrOw's Position.
There is no question as to Judge
Barrow's position in the matter. He
SAID that there is not in the whole
case single ground upon which
new trial could be predicated. The
prisoners own statement at the tria!
was in Itself enough to dispel any other
reasonable hypothesis than that of his
guilt. Il did It," he said to the ar
resting officer, and l am glad that /
done it." The prisoners statement on
the stand was in part: Il was sitting
on the stoop. Her and another girl
went down the street goes on to
Yamacraw. l walked up to the door.
and l says Susie Think 1t is time for
you to come home She said. L am
not going home, l have got your SUI
perlor.' When 1 got to the door she
said that she was going TO send my
superior to get her things. I said,
You are going to send who?' She said,
Your boss. She started across the
door and / says Have 1 got a boss?'
She said Yes and l shot her"
The testimony of the only other eye
witness to the killing was young ne
gro girl. She testified that after Cohen
had shot the Rogers woman, he
walked over to her. and after shooting
her five times through the body, kick
ed her corpse viciously
Indifferent to His Fate
Cohen is Indifferent to his fate. He
even appears to want to die To Mr..
McCuen, who called to see him at the
Jail yesterday morning, he said:
Don't file motion. Mr.. McCuen, just
let it go. l appreciate what the folks
want to do for me. but what's the use?
| am ready 10 die, and l reckon Fri
days as good as any other day" AS
he spoke these words a broad smile
was on his face.
when 1 saw that Cohen looked at
the matter in this stoical way" said
Mr.. McCuen, az was sorry
about. filing the motion to stay the ex-
ecution. His own friends. harrassed by
the way in which Cohen acted, began
to give up hope. Ny fee had not been
paid, and 1 could see no reason why
should continue to act for him, espe-
cially when it was against his wishes
l therefore withdrew from the case I
reported to Judge Barrow my actions
and the reason for them, and he forth
with passed the order to the effect that
Cohen was without counsel, and ap-
pointed three attorneys to inquire into
the merits of the case
May Have CHANGED His Mind,
Cohen was seen at the Jail by a
Morning News reporter and was asked
if he had said that he did
not want the execution delayed He
talked differently than to his attor-
ney He had almost given up hope
of anything being done for him, he
said and added that il was a ques-
ton of money. and that those who
had promised to be his friends and
do what they could for him, seemed
to have neglected him of late. He
said he had a talk with his lawyer in
the morning, and was given to under
stand that money would have to be
forthcoming or 1t was all over.
Cohen said he was in the hands of
two peoples, TO use his own expression
The one up yonder and mems here
below. If God and those here do not
have mercy, then IL is all over in two
DAYS