The Minneapolis journal., 1903-12-19
JOSEPH COHEN IS
OUT OF The WOODS
LAST CHARGE AGAINST AMEs
AIDE is DISMISSED.
Judge Simpsons Ruling Makes 1t
Practically Impossible for Other In
dictments Against the Defendant to
Be Pushed-Most Indicted Man of
Ames' Regime Will Go Scot Free.

Joseph Cohen, the much indicted
Ames' lieutenant, is, for the first time
in over year, practically under no
accusation. Judge Simpson this
morning sustained the demurrer inter-
posed to the last indictment returned
against the defendant, holding at the
same time that Cohen is an immune
from further prosecution for the Of
Tense he admits committing in con-
nection with the collection of the
graft from women Of the town. The
other indictments against the defend
ant will have to be nolled.
AS an exposition of the law for the
protection of persons charged with
crime who are obliged to testify even
against themselves, Judge Simpsons
order IS OF great interest and import
ance: He says in part:
Ihls statute requires that a party to
the crime of bribery shall testify upon
testimony may incriminate the witness,
and further extends to the person so tes-
tlfylng immunity from indictment, prose-
cution or punishment for that bribery.
If this statute is to be held valid, the
protection from prosecution contained
therein must be construed to be as broad
as the constitutional projections; that is,
in the case where a bribe has been given
and accepted, if a party to such crime
testify thereto, he shall be protected from
prosecution for the crime disclosed by the
facts testified to by him directly consti-
tuting such offense of bribery.
The doing of certain acts may amount
70 the commission of more than one crime.
When the OffenSe of bribery is committed
by the same acts other offenses may be
committed If police officer charged
with the duty Of enforcing the law re-
celves money under an agreement that
he will withhold evidence of a crime, he
might commit both the offense Of receiv-
ing br1be and compounding a felony
construction Of the above statute that
would protect such officer, in case he
was compelled to testify to the receiving
or bribe, from prosecution upon the
charge of bribery, but would leave hin,
subject to prosecution upon the charge OF
compromising felony, would render the
statute unconstitutional, because clearly
the statute so construed would not af-
| lord the protection guaranteed by the
! institution. Nor would such an inter
! probation Of the statute itself be a rea-
! sonable one. The immunity provided b,
| the statute must be held to extend tC
any offense committed by the same acts
! that are involved in bribery.
| Whatever the effect of the statute ir
| a particular case, it is the duty Of the
| court to fairly apply it.
In this case thru unforeseen circum
| stances the application of this statute
permits this defendant to avail himself
of the immunity of the statute without ir
fact having assisted the state by dis
| closing the giving Of a bribe. But or
dinarily such a result may be avoided by
the exercise of care on the part of tn,
persons conducting investigations into tn,
! commission of crimes.
| In any event, by a plea of guilty ono,
| lnterposed in this court, and by the tes
| timony given before the grand jury an,
affidavits placed on file by this defendan
upon this and other motions, the connec
tlon OF this defendant with an extensiy
system Of corruption among public Off
cials of this city is fully disclosed an,
| the punishment involved in the knowledg
by the public Of these facts is not escape,
under this statute, even tho the court i
powerless to impose a punishment.
| BY this decision, Cohen, the mos
indicted man now living in Hennepil
county, after once pleading guilty ant
twice standing trial on two differen
cured in each. is at last allowed to g,
scot free. Cohen was first indicted o,
six counts. He went west, was ar
rested, brought back and pleaded
guilty. Whereupon the county attor
ney moved that the other bills agains
him be nolled and it was so ordered
Cohen then went before the grand jur,
and volunteered testimony in regard t,
i the graf" collections under the Ames
regime He then withdrew his plea @
i guilty. and interposed one of not guilty
Other indictments We're promptly re
turned by the next and by subsequen
! grand juries until the total ha,
i reached the remarkable number O
4 fourteen.
There are still four bills, chargin,
the con1pounding of a felony, on tn
calendar for next term, but this morn
ing's ruling practically renders then
invalid and they will undoubtedl
have to be nOlled