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Show inOS SENS A T 1 0 NA L INVESTIGATION OF TWO BATS One of tho surprises of the investigation investi-gation Into tho charges of Jeremiah F, Kelllhor. sergeant of the Ogden police po-lice department, came at 11 o'clock this morning, when the officer under fire announcod that he had resigned. The announcement came at the conclusion con-clusion of tho investigation and was made by Special Attorney John G. Willis, Wil-lis, who read a letter of resignation from Sergeant Kelllher addressed to Commissioner Miles L. Jones, superintendent super-intendent of public safety. It was stated the date of the letter was Nov. 12. While the resignation came as a surprise sur-prise to many, yet it had been looked forward to by thoso who wero advised of some of the inside facts. While the Kelllher case is ended, so far as tho city is concerned, it has not ended with the federal authorities. Jt was stated from a rcllablo source this morning that a complaint will be issued by tho United States district attorney within a short time. Thore is a probability of other officials of the city being made defendants. What action will be taken in the case by Judge A. W. Agee of the second district dis-trict court on behalf of the state could not be learned this afternoon. Yesterday's Proceeding' Resuming the hearing of the Kclli-her Kclli-her investigation yesterday afternoon at 2 o'clock, Mi's. Ben Cohen was called call-ed to the witness stand and testified, testi-fied, in nnswer to queries by Attorney J. G. Willis, that she had taken a trip from Ogdcn' to the State of Wyoming where she visited in Rock Springs and Green River .with members of her family and where she procured, through the services of another party. 22 bottles of Yellowstone whiskey' which she packed in a suitcase be- j longing to her daughter, and made the trip back to Ogden on Union Pacific train No. 19 and arrived in the city about 10 a. m. on the morning of October Oc-tober 29. Asked at? to whether sho had any understanding with Kelliher about the safe conduct of the suitcase when shej should arrive, Mrs. Cohen said "Yes,"' that on the Saturday previous to hcr departure, that is on tho 2Gth of October, Oc-tober, Kelllher had spoken to her in the store and told her that sho would be protected on her arrival and that everything would be all right. Asked as to whether Kelliher mentioned any- j thing about money being paid to him for tho alleged "protection", Mrs. Cohen Co-hen said, "No. he did not say that to me; he said that to Mr. Cohen." Mrs. Cohen's further testimony corroborated cor-roborated that given by her husband, that Kelllher took the suitcase from the depot to her house. In answer to further questions as to subsequent events, Mrs. Cohen said that a Mr. Burk, a deputy sheritf, came to the store one dny and told her that he knew all about the arrangement between be-tween Ben and Kelllher, and that sho could speak frankly to him, and that on November 8, Chief Browning and Captain Mohlman came to the store asking for Een and she said that he was out this was the occasion when Ben was being interviewed by the mayor, and tho city attorneys and that about twenty minutes nfter the first cull she saw the chief and the captain outside the store and she spoke to them again and said that Ben was interviewing the mayor. Further questions elicited the statement state-ment from Mrs. Cohen that, after the investigations of the police department by the city attorneys had commenced, Kelliher visled the store and said that ho would be willing to pay half the expenses of the trip to Wyoming and half the expenses of the ball of he could be suro It wouldn't get out. Mrs. Cohen further testified to the breaking break-ing of a bottle In the suitcase, and to the fact that the suit case which had been brought Into court with the 22 pints of Yellowstone whiskey, was the suit case she brought from Wyoming and which Sergeant Kelliher conveyed to her home. Thos. L. Emraett, 63 years of age, W'llO has HvPfl .nil htK llfn in On-firm ...w ...n .u e i was the next witness, to be called and, in answer to questions, stated that he was sitting on a table in the Eon Cohen Co-hen store on the 28th of October when Kelllher came in and he heard the officer of-ficer ask Ben whether Mrs. Cohen had gone up into Wyoming, and Ben's answer an-swer that she had gone that morning, and further that she would be back on No. 19 the next morning, and the statement by Kelllher that he would be at the depot to meet her. Surmised Something Was Wrong Emmett's further testImonyi was to the effect that he surmised something was wrong when he heard the officer's conversation with Ben on the 28th, and when he read the story printed in the morning paper on tho 30th about Bon having been arrested and forfeiting ball of 100 for bringing whiskey into the city, he went along to the store and "Joshed" Ben about getting some pretty good advertising very cheap to which Ben replied that the newspaper wasn't right. Emmett further stated that he said to Ben: "I have told you for a long time you would get yourself in trouble." Asked to explain this statement, tho witness smiled a long, long smile and said that, as the explanation would not shed any light on the present Investigation, Investi-gation, he would not answer the question. ques-tion. Saw Liquor Trickling Bert Herrick, an employe of the Railway mail service, was the next witness to be called and said that ho was getting mail off Union Pacific train No. 19 from the east about 10 a. m. on the morning of the 29th when he observed Ben Cohen and his wife moving away from the trani and Sergeant Ser-geant Kelllher on the platform; hid attention at-tention was called to the way in which Cohen was carrying tho suitcase a little lit-tle later, he, having picked up tho suitcase suit-case under his right arm, and It was then that Herrick noticed -that thore was a liquid trickling from the suitcase suit-case which, from the strong "whiff" that came his way, he was confident wa3 whiskey. Noticing Kelliher coming up behind, he said to him: "Say, Jerry there's a- fellow getting away with a suitcase full of booze," or words to that effect, which would notify the officer of-ficer that there was smethlng doing worthy of his attention. The reply Kelliher Kel-liher made to his remark ho could not make out. (Herrick Is a trlflo deaf.) His interest now being aroused, he; watched the further proceedings of the parties In qubslion and noticed that Cohen went a little way past tho police po-lice car outside the depot and thcr came back and put the suitcase in the back end of tho car. Cohen then made off, up tho back alley that runs from Wall avenue bohiud tho Healy hotel to Lincoln avenue, and Mrs. Cohen walked walk-ed up Twenty-fifth street, and Kelllher Kelll-her drove the automobile away In the direction of Twenty-fourth street. Herrick testified further that, after conversing with some of the boys in the mail service about tho Incident, they said, "Why don't you tell the chief?" So he called up Chief Browning and told him a little but tho chief said: "Come on over to the station and fell mme more." v I In the spaco of about five or ten ! minutes after he went up to the police j station and told the chief what he had I seen and he said he hoped ho had done the right thing and said ho would ex-; ex-; pect to bo saved any trouble In doing I what he thought to be his duty. While in conversation with tho chief. I said Herrick, Captain Mohlmann enme in and wanted to sec the chief about I something. It turned out that Mohlmann Mohl-mann reported to the chief that Kelliher Kelli-her had just come In and said he was down at. the depot and gave a life to Ben Cohen who was meeting his wife j there and that he had agreed and carried car-ried out the conveyance of the suitcase 1 from Mie depot to the -Cohen home and I that a grave suspicion had come into j his mind that thore was whiskey In it. I Then Mohlman and the chief went out and got the rug off the floor of the back end of the oar and they all agreed that I It stunk of whiskey. Herrick said that the report was made by Mohlmann j that ho had instructed Kelliher to go and gel the suitcase and Cohen. I Mohlman Saw Him. j About 2:40 in the afternoon, said Herrick, Captain Mohlman came to see him and told him they had arrested Cohen and got the suitcase and he wanted Herrick to go up to the station and sec the proof of what he said, so that If he had to appear as a witness any time ho would know the facts. He said he could not go then, but that he would go afterwards when he got through with his job for the day, which he did, and he was shown the suitciuso with the whiskey in it, which wa3 tho same suitcase and contents as ho saw before him in court, and he saw the charge slip which was made out for "John Kohn, laborer," of no address, (utw&cu iuiu uiivuig wnisiccy in nis possession, and as having been arrested arrest-ed at 10 a. m. and "fined" $100. Questioned Ques-tioned as to the use of the word "fine" on the slip, Herrick said he would not be sure it might have been some other oth-er word, but the sum was $100. At this point it was considered advisable ad-visable by Attorney Willis and others that the police record should appear and when it was brought into court Herrick looked It over and said it was the document he saw at the time, but that the hour of arrest had been altered al-tered from 10 a, m. to 1 p. in. Conclusion was brought to this testimony tes-timony by a question suggested by Kelliher as to whether Herrick had not been in danger of being arrested on one occasion by Kelliher for bringing bring-ing beer into Ogden from Brlgham City. Herrick stated that neither Kelllher Kel-llher nor any other police officer ever had the chance or the necessity for arresting ar-resting hlra on any such charge. John Anderson Wilkinson, a coworker co-worker with Herrick, testified to the incident, in that he saw Cohen and the wife and the leaking suitcase which smelled of whiskey and the putting put-ting of the suitcase into the police automobile au-tomobile at the depot. Chief Testifies. Chief T. E. Browning of the police department, was the next witness to appear and testified that the first news of the incident under Investigation came to him In the form of a telephone message from a voice that he know to be Bert Hcrrick's on the morning of October 29, at about 10 o'clock .and mat ne asKea JrierricK not to talk on tho 'phone but to come over to the police station, which tho latter did very shortly and told him the story that had just been listened to in court. In the midst of the conversation with Herrick, came the report from Mohlmann Mohl-mann which had been referred to and he told Mohlmann he had done right in sending for the suitcase and its contents con-tents and for Ben Cohen. When Cohen appeared at tho police station together togeth-er -with Kelliher, and the chauffeur, the chief said: "I was very angry and stormed at Ben and at the officer, and complained bitterly about anybody doing such a disgraceful thing as putting a suitcase of whiskey into a police automobilo and the foolishness of an officer in permitting it, and Ben said, 'I swear to God that Kelllher didn't know anything any-thing about what was in the suitcase, I couldn't find a Jitney and I thought the deputy sheriff was going to "get mee" and so I asked Kelliher to lake the suitcase up to the house,' and that Kelliher said he himself did not touch the suitcase that Cohen put It in the machine and that Mrs. Cohen took It ouL" Court Adjourned. Court was at this point adjourned until Saturday morning at- 9:30. The court of Investigation resuming this morning at 9:30, Chief Browning went on record in testimony that, after speaking with Cohen and Kelllher, Cohen was charged in tho regular way but what happened at tho sergeant's desk he did not know, except that tho officer did come to ask him later at what time the charge should be entered en-tered on the sheet and that the chief Instructed him to enter the time as the time when the ball was deposited. Talking of the bail, the chief said that he put it at $100 but Cohen pleaded his home and wife and children and that he had brought the whiskey to counteract the "flu" and that he would like it to bo $50, but Captain Mohlmann Mohl-mann spoke up and supported the chief's contention that It should be $100, and $100 it came to be. M. L. Jones Acted. Continuing, Chief Browning said that he was called over to the office of tho police commissioner, Miles L. Jones, on the morning of November 8 and Informed In-formed that Cohen was telling a different dif-ferent story round town than the onn |