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Show SERGT. KELLIHER WANTED 1 $25 IN WHISKEY SMUGGLING, I SO BEN COHEN TESTIFIES Clothing Dealer Discloses All the Details at One of the Most II Sensational Police Investigations Ever Held in Ogden IB Cohen Claims the Police Officer Induced Him to Go Into H the Business of Bringing Liquor From Wyoming Admits II He Signed a Paper Which Proves to be an Exoneration Iff of Police Force Says He Cannot Read or Write. 1 H A public investigation Into certain alleged liquor transactions between Sergeant Jerry Kelliher of the Ogden City police department and Ben Cohen, a merchant of 252 Twenty-fifth street, was begun this morning at 10 o'clock in the council chamber of the city hall, Judgo George S. Barker of tho Municipal court presiding, and Attorney Attor-ney J. G. Willis acting as Interlocutor under Instructions of the city commissioners, commis-sioners, W. R. Skeen appeared as attorney at-torney in behalf of Cohen. In addition there were present the mayor, T. S. Browning, Commissioners Miles L. Jones and Chris Flygare, Chief of Police T. E. Browning, Captain Cap-tain Mohlman, and a small group of citizens. After a brief discussion as to the ' nature of tho investigation, in which it was brought out that the laws of evidence as followed In criminal actions ac-tions would not be pursued, but that all questions by all parties concerned should be addressed through Attorney Willis, the resolution of the commissioners, commis-sioners, calling for tho investigation, was read and Inquiry mado as to the persons subpoenaed. Of the latter there wore present Chief of Police Browning. Captain Mohlman, Jerry Kelliher and Bert Herrlck. Earl Wiggins, Wig-gins, who had been subpoenaed, was unable to appear on account of an attack at-tack of influenza. Other persons who are likely to appear and give testimony testi-mony arc Mrs. Ben Cohen and T. Em-melt. Em-melt. Cohen's Testimony. Ben Cohen was the first witness to be called and, in answer to the questions ques-tions put to him by Attorney Willis, testified in a very frank manner as to his relations with Sergeant Kelliher, which he said had been friendly for over eighteen years, the whole period of Cohen's residence in Ogden, during which time he has conducted a clothing cloth-ing business in the city at the address given. Asked as to when conversation began be-gan with regard to any possible deal in liquor, Cohen said that many times, rl ii r-in rr Inn nr (wnlvo HnVl nmvlrmf? tO tho 28th day of October, he had this kind of conversation with Kelliher who would say-: "Why don't you go up into Wyoming and bring some whiskey back?" To these questions, he had replied that it was because he was afraid, but his fears were dissipated by Kelliher who had said that If he went and brought the whiskey, he, Kelliher would see that he was "protected" when he arrived in tho depot at Ogden Og-den and this "protection" could be had for the payment of 25, and after many conversations he finally decided to go up into Wyoming where, at Green River, and Rock Springs, he had children chil-dren living, and that he told the officer of-ficer that it would be about the 29th of October when he would be coming back from that Journey, and that it was understood that the ofilcer would meet him at the station. Then just a day or two before the 28th, Saturday the 26th to be exact, on being asked by Kelliher as to whether he was going ho said: "No, I am not going; the wife, she is going and sho will go on Monday, the 28th." "Well," said Kelliher. "it will bo al-1 right, I will be at the station to meet her and things will be alright," or words to that effect, meaning that she would be "protected." Being further questioned as to whether the "protection" offered was offered indefinitely over a period of time and for a number of trips, Cohen said, "No, it was for this one trip to Wyoming." Cohen further stated that, when tho definite arrangement had been made for Mrs. Cohen to go into Wyoming and get the whiskey and return on the 29th, Sergeant Kelliher came into the store on the Saturday and spoke to Mrs. Cohen about tho trip, but what the officer had said to Mrs. Cohen, Mr. Cohen himself would not be positive, but the officer did come and speak to her about the trip and about coming back he said. Then on October 28 his wife ' had gone to Wyoming on the morning train, Cohen asserted, and that during the afternoon, when Emmett was in the store, Kelliher came in and. asked: "Did your wife go up Into Wyoming?" Wyom-ing?" and he said, "Yes." "When will she be back?" "Tomorrow on Union Pacific No. 19," said Cohen, "at about 10 o'clock tomorrow to-morrow morning." "All right," said the officer, 'I'll be at tho depot." Cohen Questioned Questioned further by Attorney Willis Wil-lis as to tho incidents of October 29, Bon Cohen gave an account which is closely related in its bearing to tho affidavit which ho mado before Mayor Browning and City Attorneys Reeder and Stine on Nov. 7. Cohen said that he went down to tho depot and, when ho got there, tho train, was already in and he tried to get on to (he platform where the train was standing on the track No. 1, but he could not get through by the gate a. the north end of tho station, so ho went through tho depot waiting room and through the gate there. Through the fence he saw his wife and Sergt. Kellier, and when he got through he picked up the suit case and, in com-panv com-panv with his wife and tho officer, he went out of the station to where the police automobile was standing at tho north end of tho station, and put the suit case, at the invitation of tho officer, into the back seat of the machine. ma-chine. Then the auto drove away in charge of Kelliher, and Cohen mado his way back to the store by the way of the alloy which runs up from Wall avenue to Grant and wenjt into tho store. His wife, bo said, went straight on to their homo, at 430 Twenty-Sixth Street. Asked as to how he knew this was tho police car that Kelliher was driving, Cohon said that he knew it was the car In which Kelliher and other officers had driven to his store fflj 'dozens and dozens of times." Bl Suit Case'Dropped. H "When I picked the suit case up in 13 the station, the handle broke and the III suitcase dropped to tho floor of the jBfl platform," said Cohen, after further (jBIl inquiry as to who picked up the sult IvXt case and as to what was in it, which; without blush or hesitation, he said Ml was twenty-two pints of Yellowstone HQ whiskey. HI About an hour after he got to the HI store, he said, Kelliher came along and JH said we'll have to go along to the hoo.se jBf and get the whiskey. The police auto- mobile was standing outside the storq llfll nnd there was a chauffeur whoso namo ' MB Cohen didn't know and they went up to ! HI 1 the house and found the whiskey un ( II packed. Ono of tho bottles had been - II I broken and thoy put the other, twenty- t II one back Into tho suitcase and took it j II up to the station. j I About three hours after he got to the J n store, continued Cohen, ho received a f I telephone message from the police sta- I Hon and the voice said: I "Hello, Ben, this is Mohlmann. Come I right over to the police station at once, I the chief wants to see you." To which ( Cohen replied that ho could not come i j as there was no one to take care of the 9Q store and then Mohlmann said: H "You'd better lock the store up and H come. It's Important." "And that's what I did," said Cohen. , 1 'T went right over there and found tho j flj chief very sore and angry and he said ' ji and kept on saying, 'The very Idea, ) cj using a police automobile to carry U whiskey in.' " H Asked as to how the police had got to know there was whiskey in the ' jyl automobile, Ben said: ' U "From the rug; there was whiskey I spilled on the nig. Tho rug smellcd of ! m whiskey." s II As to what further took place there, - H Cohen said that lie was told he would M have to put up balL The chief sug- IE gested 50, hut Captain Mohlmann ; said $100 and 100 it had to be, which I he said ha wnnlrt hrlntr whrn hp rnuld ' IB get It, which would be in a short time. lljfl Vhat the Record Shows. Um Further questions elicited the In- ij I formation that when he did appear with the ball, Sergeant Kelliher sug- jjjll' gested that It would not be necessary wjm for'him to appear in court the next day and answer to the charge, and that he need'nt give his proper name, and so Jlnj there was entered on the charge sheet ;UI the name of John Kohn, described as lB a laborer, of no address. ill II Kohn confessed that he did not want his proper name known for the sake J Ha of his children. 'jjj Continuing the questioning, It was JIM shown that after Cohen had given an ijlll affidavit to the mayor and the city at- r If torneys on November 8, he received a J II message, asking him to go to the po- Ijljj lice station, and when he got there the j I chief and Captain Mohlmann were JI N there and they had a paper already I ill typewritten which he said he could not read because he cannot read or write, ill IE but which he signed, as the chief said: "This is nothing to do with the paper you signed for the mayor and the city :IJi attorney. This is to protect us (the po- 'ID Cohen confessed that the contents of the paper were read to him but that ilm he did not understand them, as he was Jjll so confused and excited over being ,U II 1 forced to close his store. ffl This latter testimony came in re- J U 1 sponse to a question as to whether he IVM had ever, either verbally or vocally, 31 II given out a statement which said that jjll Sergeant Kelliher and the police had glffl j nothing whatever to do with tho tran: iM, aaction. 11 1 j |