New-York tribune., 1919-02-08
Swami Probes|
Perjury CllargsI
In Cohen Cass|
Afhdavits Taken by Assist,,,
as Result of the CO.,
plants That He Rece;,.,
Does Not Doubt Cn;h
Deputy Attorney Cener,Il
Becker Makes Demand fo.l
All Papers in the c..
Does Not Doubt Gull

The mystery surrounding n;,,s
Attorney Swann's recent ACTIVITY
taking afiidavits relating to the ea..
Joseph Cohen, awaiting death IN ~
electric chair for the murder NJ D.
nett Baff, was cleared up yests,a.s
when Deputy Attorney General Ar,.,
l.. Becker, who prosecuted the coh,'
case, asked the District Attornsv !.
turn the affidavits over to him W
Becker pointed out that inasmuch II
Governor Whitman had taken sll &, :
Batf cases out of Mr.. Swann's bsrI
the latter, under Executive law h.s
no jurisdiction to interfere With asa aaa
in any way.
In reply to Mr.. Becker, District A,
torney Swami explained that he ~.
investigating complaint made ta t;s
that perjury and subornation Of nss
jury had been comnitted during ~ -
Cohen trial, and that the Atfo,.ass| as
General had no jurisdiction over sn,s
a complaint, as it was not covered l.
the order of the Governor. :"
Mr.. Swami, when asked who hal
made the complaint charging periu,v
said: '"'I
81 don't think it advisable to say ii
this time" 's "
Musica Obtained Affidayits
Some of the most important eyiden,.
used by Deputy Attorney GenesI|
Becker against Cohen was obtained H.
Philip NJ. Musica, under the name NJ
William Johnson" Musica servs5I
time in the Atlanta Penitentiary fo.I
customs frauds and was pardoned III
President Taft. Later he was convist.
ed IN General Sessions of fraud N
organizing human hair sales conua,,l
and received suspended sentence
Muslca also took certain affidaybI
used by Mr.. Becker in his investigatial
of William r. Hearst's connection viii
Bolo Pacha. the French traitor. saI
Count Won Bernstorff, the German AMI
| bassador ct Washington. The affidavit
were made by chauffeurs, who swosI
that they drove Bolo to Mr. Hesrst,f
Riverside Drive apartments in lsgE
During the Senatorial investigation II
the Bolo matters Musica was attacksl
by Senator Reed, of Missouri ON M
ground that he was an ex-conyicf spI
unworthy of belief.
Asked yesterday whether he had MI
employed Musica in the Baff cases III
fore Governor Whitman took them out
Of his hands, Mr. Swami said:
Inherited From Whitman
"Musica was a heritage from the s5
'ninistrations of Mr.. Whitman and NJ (
Perkins. He was her. when becsn
District Attorney and Mr. Jans
O'Malley. who was then my assistsp
in charge of. the cases, said he yu
valuable man to keep because AsI
knew more about the cases than any]
one else"
Mr.. Swami denied that he was tai |.
ing up the perjury charge with thl
expectation that it would result il. 1
new trial for Cohen
II am convinced that Cohen is gully
So was Arichiello, the gunman VIII
confessed and was convicted, but III
a result of the prosecution of Coha
Arlchlello is now out on a suspendk
sentence" said Mr.. Swami.
Mr.. Swami was asked il the nsms
of witnesses he had examined on tla|
perjury charge included Jacob Lubn.
ioCiJ Jdlllil IlSNlhdbi, d GCOu 0Vtulaei1
Frank Burke and a man named Butts
Certain afidavits and statement
were made here. but / didn't see thrt|
and I don't know who made them" N
said.
Pecora Also Is Silent.
Assistant District Attorney Feris(
nand Pecora, in charge of the invest
cation, also refrained from answeriis|
the question.
Are any Of the witnesses ex-eos'I
victs or at present inmates Of stsa!
prisons ?" he was asked.
II can't make any reply which wouq
in any way identify them," he said.
Mr.. Pecora intimated that the m
vestigation would not be finished bsl
fore March II, the date fixed for az
electrocution of Cohen at Sing SIf3
He admitted that if the complaint s
perjury is sustained by evidence mag.
ments will be asked for, and this, hs
said, undoubtedly would be seized up0a
by counsel for Cohen as basis for 81
application for a new trial.