The Detroit times., 1914-12-17

arrested and had found that four OF
| them agreed that Stocker was not a
Ial ~ to the robbery. He had remain
ed in the automobile outside the sa-
Icon while the affair was taking place,
they agreed, and had not been lead
er in the affair at ALL For these rea-
sons, Kelly said, and because he be-
| lieyed that a prison sentence would
wreck the lads career, he recommend
ed TO his superior, Prosecutor Frazer,
that the case be dropped Mr.. Frazer.
| re said, told him TO go ahead and
have 1t dismissed.
| Stocker. Mr. Kelly said, was young
er than the other members OF the par
~ and had, he believed, been led into
the affair by Kline, who admitted hav'
ing planned the robbery. Hamilton,
| he said, was former convict.
| Kelly's testimony was marked by
several heated clashes with Attorney
Bresnahan. The court interrupted, on
one occasion, and asked that less heat
be exhibited.
1 Mr.. Bresnahan declared that there
had been no heat shown by himself.
"He accuses me OF having taken
money. and | want to defend myself,
declared Kelly.
II didn't accuse you of taking
money" said Bresnahan. For the
purpose Of the record / want TO state
here and now, that do not state that
Mr.. Kelly did any wrong except upon
orders OF his superior, the prose
cutor."
Later the same question came up
and this time Prosecutor Frazer In
i 20
he had accused no one by saying:
"Yes. you did. You accused him
and you accused me right here In
open court"
What was the difference between
the quality of mercy in this case and
in the cases OF the Ave other boysY'
asked Mr.. Bresnahan after Kelly had
declared that he believed IL only mer-
ciful to free Stocker.
"You should know that have moth
ing TO do with the other cases." was
the answer. They we're prosecuted
under Mr.. Shepherds administration
and l didn't even appear. Besides
Kline and two others pleaded guilty
You ought to know something; you
were prosecutor of Cass county once,
weren't you"
well, | didn't leak SO much as our
N Wayne county staff" said Bresnahan
81 wasn't so free with my tongue"
you've made up for II since com
ing TO Detroit, them" said Kelly.
Judge Phelan stopped the hearing
at this point and ordered the remarks
stricken from the record.
Mr.. Kelly denied having received
any money and denied all knowledge
of any money having been used in
the case. He did not know the father
of the boy and was not acquainted
with Jansen, he said.
"Tll tell you something / do know
though" he said. II know that you
started suit for $4,000 against
Jansen for selling liquor TO minors
and that you allowed the time to ex
pire without filing a declaration.
also know that you were offered
money to drop that case
How do you make that state
Lment?" demanded Bresnahan.
ION information and belief. the
same way you made your afiidavits,
shouted Kelly hotly.
The frat intimation he had OF the
use OF money, Kelly said, was when
he read one OF Bresnahan's speeches
! during the recent campaign.
Detectives Quinn and Gill, who ar
rested the five youths, said on the
stand that they had not been con
suited by the prosecutor relative tc
the evidence against Stocker.
Chief Deputy Sheriff Smith said
! that he had talked with Prosecutor
Frazer and Assistant Prosecutor
Kelly about dropping the case. He
acted merely as a friend OF the fam
lily he said. He had offered no money
and knew OF none being used in con
nection with the case. he swore. He
engaged IN verbal Tits with Attorney
Bresnhhan frequently while giving hi,
Testimony.
Prosecutor Fraser, tb~ neIt witness