Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-10
COOPER IN PERSON
DENIES CHARGES
Judge Appears Before House
Committee-Denies He Con-
Spired to Aid DryS.
By the Associated Press.

By the Associated Press.
Taking the stand in defense of his
own judicial actions. Federal Judge
Frank Cooper of northern New York
denied before the House judiciary
committee today that he had conspired
with II. O. Merrick, former prohibition
administrator for New York, to un-
= lawfully 'entrap" bootlegeerS.
The judge appeared at hearings on
an impeachment resolution introduced
by Representative La Guardia. Re
publican. of New York, and his testi-
mony was in line with that of Mer-
rick, who also was questioned. and
who said Cooper had agreed to OBJ
tain the release of any prohibition
agents who might be arrested in line
of duty.
Concerned Over Youths.
Reading a prepared statement to
the committee, the judge, in a loud
and forceful voice, related that his
concern over the youthful law viola
tors coming into his court had led
him to confer with Merrick.
II tell you frankly, gentlemen.
he said, that ] brought this situa-
ton to the attention of Mr.. Merrick
and asked him if he could not devise
some plan whereby he could learn
who these higher-ups were who were
employing these boys
Mr. Merrick did devise a plan and
carry II to a successful elimination,
as / have shown before. but before
doing so. he told me that if his
under-cover agents were arrested
and forced to disclose their identity.
their work up there would of neces-
sity be ended. | told him that if they
were caught in performing their
work. they would he released on their
own recognizance.
Law Should Not Be Derided.
He told the committee he had mo
greater desire to enforce the prohibi
ton law than any law of the United
States, but because it is a part of
the Constitution | feel that it should
not be made a subject of mockery and
derision.
when | was appointed to this office
and took the oath of office to support
the Constitution and laws of the
United States, | intended to keep the
oath and have ever since endeavored
to do so. both in my official and per-
sonal conduct"
The judge told about specific trials
of bootleggers mentioned by LaGuardia
and cited court records which,
AlG SdlO. SllOWCu lIlC WEI
habitual bootleggers and therefore
were not entrapped by enforcement
agents. The agents. he maintained,
merely had provided opportunity,
rather than inducement, to violate the
law.
He quoted from his charge to the
juries in which he carefully outlined
entrapment. He added that he had
never expressed an opinion On the
guilt or innocence of a defendant,
although he was authorized to do so
under the law.
Denial that Judge Cooper conspired
In 1924 with Prohibition Administrator
r. @. Merrick to entrap bootleggers
was filed with the House judiciary
committee today In a brief by Coop
er's counsel, Elisha Hanson.
Conferred With MerriclS.
Hanson asserted that Merrick and |
Judge Cooper conferred in December
1924, on a plan presented by Merrick
TO food northern New York with new
contacts with boetleggers.
THE only thing Mr. Merrick asked
Judge Cooper to do and the only thing
that Judge Cooper did, the brief re-
lated, was to promise to order the re-
lease of Mr.. Merrick's agents should
they be apprehended by any Federal
officer and taken before a United
States commissioner while they were
performing the duties assigned to them
by the prohibition administrator of the
State of New York.
Hanson related that Merrick was
on the witness stand in some of the
bootleg cases tried before Judge
Cooper and that he was cross-examined
as to his enforcement plan when
turned over to counsel for the defense
BOOtleggers Not Known.
Referring in open committee session
to Cooper's conference with Merrick
Hanson said the Judge did not know
the identity of the new agents nor
that of the suspected bootleggers
whom they were following. He dis
puted Laguardias contention that
Cooper's action prejudiced him in try
ing the cases.
Ii Cooper's act in agreeing to re-
lease Government agents who might
be arrested in line of duty. rendered
him Improbable, Hanson said, lit ia
something new in law to me-