The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-07-27
NOLLE FOR JOHNSON.
Indications That Ex7superintendent
Of Poor Will Not Be Tried
Again.
Joseph Cohen, However, May Get
Third Trial Case Against
DR.. P. M. Hall.

w. H. johnson, formerly superintendent
of the city poor department and secretary
Of the board of charities and corrections,
will probably not have second trial.
The indictment against him charging the
misrepresentation Of public funds, upon
which he was tried, convicted and granted
a new trial by Judge Elliott, will probably
be nolled next term.
Attic this disposition of the case has
not been announced by the county at
torney 1t seems almost certain that such
will be the outcome. Assistant County
Attorneys Jelley and Leary who con-
Quoted the states case against Mr.. john
son, are both known to feel that a second
conviction could not be secured and there
apparently exists, since the first trial,
some real doubt in the county attorneys
office as to the defendants guilt. This
being the case a nolle will almost CEN
tainly be asked for and granted. The
states case at the trial was as strong as
it can ever be. The defendants showing.
in the light Of new evidence upon which
Judge Elliott granted ! new trial. is far
stronger and would not warrant the state
in proceeding further.
With the johnson case nolled, the cases
against Irwin A. Gardner treated in like
manner, as they probably will be and the
remaining indictments against DR.. and
Fred A1nes stricken from the calendar on
account of convictions the municipal
house cleaning cases will all be disposed
of except those against Joseph Cohen.
That Cohen will be given a third trial
on the charge of compromising a crime
seems certain. County Attorney F. H.
Boardman has expressed himself as being
determined to secure either con-
v1ction or an acquitta1 of this defend
ant and there is no reason to believe he
has changed his mind. The supreme court
decision in the Fred AInes case, estab-
fishing broad rule in the admission OF
evidence tending to show plan or scheme
OF crime will materially strengthen the
Brown specifically mentions and connects
Cohen with Ames as follows:
Under this rule it is held that evidence
that other persons paid money to Cohen
In consideration of official protection In
an unlawful occupation, similar to that
engaged in by Witness Mills, was properly
received. 1t tended (a) to connect Coher
and defendant as being Jointly concerned
in such unlawful TRANSACTIONS; and tc
show that defendant authorized Cohen tt
act for him in receiving the money; an6
CD the evidence taken as a whole tended
to snow that the payments by the differ
ent persons We're all made part of q
common scheme or plan instigated an6
carried on by defendant and Cohen to so.
licit and receive such bribes." .,.-
Under this ruling the state will have
leeway to introduce evidence which al
least will not help the defendants case
before a jury.
Another municipal Indictment was re.
turned by the last grand jury City
Health Commissioner Pearl M. Hall there.
in is charged with neglect Of official duty
at the quarantine hospital. Ruraor says
the drawing OF it was irregular in SOM
respects. A. H. Hall, Dr. Halls brothe
and his attorney, is working on the cas-,
and promises interesting Development
when the case comes to trial. ST.