The Detroit times., 1914-12-18
FAILS TO SHOW
use OF MONEY
IN STOCKER CASE
Bresnahan Falls Down" on
Lurid Charges Made Before
Judge Phelan
INQUIRY FEATURED BY
SPATS WITH FRAZER
Former Assistant Prosecutor
Kelly Tells Why Accused Youth
Wasn't Prosecuted

Attorney Thomas Bresnahan failed
TO bring single shred OF proof to
support his contention that money was
used to obtain the dismissal OF a
charge OF attempted robbery while
armed against Emory Stocker, son OF
wealthy Crosse Pointe resident, in
the hearing OF his motion before Judge
Phelan, Thursday morning. for a new
trial for five other youths arrested
with Stocker and now serving SEN
fences in the House of Correction.
The hearing degenerated, for the
most part, into an interchange of per.
'sonalities between Prosecutor Frazer
and former assistant prosecutor
George Kelly on the one hand, and
Attorney Bresnahan on the other.
The end of the mornings session
found Attorney Bresnahan himself in
the witness chair. admitting that he
had not produced those who informed
him that money had been used and
refusing. under plea of professional
privilege" to give the names OF his
informants.
Prosecutor Frazer, former Assist
ant Kelly, Detectives Quinn and Gill,
wi:o investigated the alleged robbery;
John Jansen, the saloonkeeper who
was dtldCheu ny TIE .OulHlul -DdnullS,
Chief Deputy Sheriff John W. Smith,
who interceded for young Stocker,
and John Stocker, father OF the youth,
swore that. as far as they knew, no
money had been used in connection
with the dismissal of the charge. All
were summoned as witnesses by Bres-
nahan.
Stocker was arrested last April,
xutt MAYNARD nj .
Fred Hamilton, is years old: Ray
mond Hogue, Is years old; Raymond
Kline, II years old, and Henry Smith,
II years old, for an attempted hold
I'D OF JANSEN, saloonkeeper at No
1909 Helen-ave. Three OF the youths
pleaded guilty and sentences OF one
and one-half years in the House OF
Correction were imposed. Two 9th
ers stood trial, were convicted and
given similar sentences. Young Stock.
er fed to Canada, and the case against
him was later dismissed
in affidavits asking for the new
trial Attorney Bresnahan declared ION
information and belief" that money
had been paid to Jansen TO cause
ain, to secure the dismissal OF the
charge against Stocker.
Former Assistant Prosecutor Kelly,
On whose recommendation Justice
Stein dismissed the charge against
the Stocker lad, was the principal wit
ness. He declared that he had taken
the statements of all five of the youths
arrested and had found that four OF
them agreed that Stocker was not a
patty 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 a lead
err in the affair at all. For these rea-
sons, Kelly said, and because he be-
lieved that a prison sentence would
wreck the lads career, he recommends
ed to his superior. Prosecutor Frazer,
that the.case be dropped. Mr. Frazer.
he said. told him TO go ahead and
have IT 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.
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.
81 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
crsE"
her the same question came up
~ this time Prosecutor Frazer In
rupted Bresnahan's statement that
had accused no one by saying:
Eyes. 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 five other boys?
asked Mr.. Bresnahan after Kelly mad
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 were prosecuted
under Mr.. Shepherds administration
and | didn't even appear. Besides
Kline and two others pleaded guilty
Won ought to know something; you
were prosecutor of Cass county once,
weren't your"
"Well. | didn't leak so much as our
Wayne county staff" said Bresnahan
al WASN'T so free with my tongue"
\ you've made mp for it since com
4 ing to Detroit, then" said Kelly.
Judge Phelan stopped the hearing
NJ 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
~ the boy and was not acquainted
with Jansen. he said.
"Pn tell you something ! do know
though" he said Il know that YOU
started suit for $4,000 against
Janssen for selling liquor TO minors
and that YOU allowed the time to ex
pire without filing declaration. i
also know that you were onerec
money 10 drop that case.
How do you make That slate
mente- demanded Bresnahan.
con information and belief. the
same way you made your afhdavits,'
shouted Kelly hotly.
The first intimation he had OF thf
use M money. Kelly said. was wher
81.