The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-02-05
Taking a Bride as Charged More
Like Compromising a Misde-
meanor Only.
A Motion to Dismiss Denied-Case
Almost Ready to Go
to the Jury.

erence TO proceedings under the state
laws. Inasmuch as the prosecution of
the Hayden woman under the city ordi-
nances would have been only for commits
sion Of a misdemeanor, any bargain by
Cohen to guarantee police protection could
not have been compromising a felony.
Robert S. Kolliner laid much stress
upon this point in continuing the argu-
ment for dismissal this morning, and Mr..
Hall took the same position in his open
ing address to the jury. In support OF
their contention, the attorneys for the
defense cited the testimony of Augusta
Hayden, who stated on the stand yester-
day that she did not know that keep
ing a disreputable house was a felony
under the state laws. The defense this
morning called A. E. Allen, clerk Of the
municipal court, and r. J. Royce, who
has charge of the criminal court records.
BY these witnesses Mr.. Hall tried to show
the infrequency Of prosecutions Of keep
ers Of disreputable houses under the state
laws, but upon objections by the state,
the court ruled out this line of evidence
and materially weakened the case of the
defense.
The Defendant Not Called.
Cohen, the defendant, was not placed
upon the stand. Many believe that the
defense feared that his testimony might
open the way for the state to bring in
evidence which it failed to place before
the jury yesterday. The defense tried
to impeach Detective Wirtensohn's state
ment that Chief Of Police Ames had sent
him with Cohen on their tour Of the dis
reputable houses. Half a dozen witnesses
were called to testify to Cohen's good
reputation, Intellectual efforts were made
to get testimony from Messrs. Allen and
Royce, and the defense rested.
The attorneys for the defense appar-
entity take the position that the state has
proved nothing, and that consequently
H. .,1~1 -lo1
Cohen took the money from the Hayden
woman and others is virtually admitted,
but the defense contends that the stata
has not proved the charge in the indict-
ment, that this money was the price of
compromising a felony.
A Difficult Task.
When the trial was resumed this morn
ing the general sentiment in the court
room was that the state had hard propo-
sition to face. The attorneys for the de-
Tense appeared confident of an acquittai
If the case should go to the jury, but they
expressed a strong belief that the court
would grant the motion to dismiss the
case.
Mr.. Kolliner resumed the argument fer
dismissal, cOntending,. as did Mr.. Hall
yesterday, that the state had failed to es-
tablish the fact that Cohen had promised
immunity from prosecution to Augusta
Hayden in return for money paid by her.
Mr.. kolliner laid great stress upon the
point that the state had tried to establish
the fact of an agreement by the police to
refrain from prosecuting Augusta Hayden
for felony. He pointed out that Miss
Hayden had professed ignorance Of the
fact that. keeping a disreputable house
was a felony under the state laws, and re-
ferred to the rarity of prosecutions for
such offenses under the state laws, as
corroborative proof that her ignorance was
not feigned. In view of these facts Mr..
Kolliner argued that the state could not
show that the defendant had compounded
a felony. since even if it were granted that
Augusta Hayden was paying for protec-
ton, it was protection against prosecution
for a misdemeanor under the municipal
state laws.
At the close Of Mr.. Kolliner's argument
Judge Harrison denied the motion to dis
miss and Mr.. Hall outlined the line Of
defense to the jury. He charged the
state with a disposition to s1ug in by the
ears testimony which did not concern the
! case under trial." and he cautioned the
| Jurors to consider only the evidence re-
lating to the specific charge made In the
| indictment. He promised to show the
| jury that prosecutions Of keepers Of dis
reputable houses under the state law were
almost unknown; in fact few persons, ex-
| cept men familiar with court proceedings,
the state laws He continued with an
argument along the lines laid down by.
Mr.. Kolliner, holding that no felony could
be compounded, when Miss Hayden, the
second party to the alleged compromising,
was not aware that she was guilty of any
thing more than a rnisdemeanor.
Frank r. HubacheE Called.
! Frank R. Hubachek, an attorney was
the first witness for the defense, and Mr..
Hill questioned him as to a conversation
with Otto Wirtensohn.
| when Wirtensohn told of his trim
| among the houses of ill-fame, did you
ask him who had sent him?''
Il did, and he replied that he had been
sent from headquarters, but that he did
not know who sent him. we mentioned
| several men who might have sent him.
but he replied that he did not know"
George r. Smith. member of the
| present legislature and an attorney, tes-
titled that Cohen's reputation for honesty
and integrity had been good during the
| eight years witness had known him.
'Do-you desire to go on record as stat
| ing that Joseph Cohens reputation for
! truth, honesty and integrity has been
good during the last six months ?'' asked
Mf. Boardman on cross examina ton.
Il have never heard anything against
him except the present charge" replied
the witness. On further questioning, by
the state, Mr.. Smith said he considered
| tf}t Cohen's good reputation had sur
vited the charges against him. &.
! Joshua Rogers, city controller, also tes-
tilted to the good reputation of Cohen.
as did L. A. Lydiard city clerk. Neither
had heard anything against Cohen, aside
from the charge in the Indictment.
MIR. Boardman cross-examined Mr.
! Lydiard in regard to the effect the pres.
ent charges had had upon Cohen,s repu-
| tatiom for honesty, truthfulness and in
tegrity, and wordy quibbling between the
attorneys followed. Mr.. Boardman
sought to impeach Cohen's reputation for
truthfulness by questions in regard to
| Cohen's changing his plea of guilty to
lone of not guilty, and Mr.. Hall retorted
4 by drawing from the witness the state.
ment that according to common rspog&s