The Detroit times., 1908-11-25
NEWBERRY
, IN BITTER WORDS
TO JURY

ting money from her." he added. "AnC
the more he got the greedier he be
came.
The various presents were taken III
In order and disposed of in scathin'
Language.
McClear characterized Newberry al
the silent partner" In the little ar
rangement he declared existed be
tween him and Hibbler for the PURPOSE
of bleeding Annie Smith. Hibbler. too
came In for considerable attention. an6
the attorney became very bitter as hi
recounted the tale OF the punch bowl
Hibbler was painted as an unscrupu
lous CRATER. a parasite preying OF
fallen women; stopping at nothing II
the furtherance OF his dark schemes
and even trading on his friendship
with the commissioner to accomplish
Fhis ends.
Annie Smith knew Commissions
Smith had punch bowl In his home.
said McClear. reverting TO the nov
famous gift. How did she know II
Isn't that apparent? She tells yot
Hibbler came down there and made
her give up 3135 TO buy punch bow
for the commissioner Hibbler admit
ted. ON the witness stand that he show
ed Annie the picture OF punch bow
/, In catalogue, the one he bought fol
Smith. Is there any question In your
mind that Annie Smith put up the
money for that punch bowl? And Com
missioner Smith was honest enough
when he found out where the present
came from and how II had been pur
chased, to return It - Hibbler."
McClear made good use OF the dis
crepancies In the testimony OF New
berry and Hibbler. and asserted un
equivocally that their testimony was
tissue Of falsehoods.
Picks Newberry's story to Pieces.
The captains story OF the purchase
OF diamond ring in st. Louis was
ruthlessly picked TO pieces and char
acterized as one of the most remark
able tales that ever came from the
witness stand.
And IL you can swallow 1t, gentle
men, you are welcome to do So. he
added.
Capt. Newberry and Frank Hib'
bier have committed perjury either
here or In the grand jury. Which story
are you going TO believe"
The speaker made a point OF the
captains admission that the Toth
woman, put out of business soon after
the alleged payment OF $500 by Annie
Smith, was not molested on Honest,
where she was located before she
moved 10 Solvay-ave.. although the
conditions there were admitted TO be
the same as In the Solvay-ave. resort.
Mr. McClear's argument through
out was a forceful exposition OF the sa-
lient points scored by the prosecution
and his explanations of apparent dis
crepancies and weaknesses In the
prosecutions case were quite plausi-
BILE. He talked about an hour.
Defense AssalIs Annie Smith.
Attorney Stewart G. Griswold. asso-
ciated with Allan II. Frazer for the
defense. followed Mr.. McClear 1t was
his first speech HI an important Grim
inal case. Griswold lost no time In
getting after Annie Smith, whom he
characterized In terms not used In
polite society. Referring TO a state
ment made by McClear in his closing
remarks. the attorney began:
1T Is indeed important that we
should have honest police officials, but
It is equally important to each ana
everyone OF us that we should be pro-
tected against testimony given by a
woman Of Annie Smiths character My
opponent says he Is not here to defend
Annie Smith. That Is monstrous
statement. III he Is not defending her
why did he not give us copy OF her
grand Jury testimony? The court
held that II was within the discretion
OF the prosecution to give 1t up"
Here the court interrupted with
correction.
Il ruled that the prosecution had
no right to give 1t up said the judge.
Annie Smith tells you she paid $500
TO Frank Hibbler total stranger TO
her, within 10 minutes after she had
met him." resumed Griswold DO
you believe that. gentlemen? i leave
Ii with you. In this case you have the
word of a woman OF the town against
reputable citizens such as John b.
Whelan. George Codd and others. Are
you going to take her word against
theirs?".
Griswold made capital OF AnIie's
mistakes" and in tones that clearly
showed his disgust, took up one after
another, with frequent references to
the record.
THE best actor forgets his lines {;
this trained witness forgets hers was
one of his pointed observations.
Griswold argued that the prosecution
had failed utterly In his attempt TO
show a meeting of minds. which, un-
der the law, Is necessary to establish
a conspiracy.
Allan II. Frazer finished the argu-
ment for the defense In characteristic
style. Standing close to the jury box
ne talked right out from the shoulder
and emphasized his remarks with yio-
lent gestures. He attacked the pros
ecution largely on legal grounds, ar
guing that the testimony utterly fall
ed to show conspiracy.
III you will give this case the con-
sideration you would give case In
volving a COW or horse. you must &C
quit this defendant he Numbered.
Are you going TO send this old man,
who has always borne a good reputa-
ton. 10 the penitentiary on such tesi-
mony as has been produced here? Are
you going to guess his liberty away?
For that Is what you will be doing II
you find him guilty under the prosecu-
tion's testimony. | say no! BY the
eternal gods, II can't be done.
"Yerkes wouldn't believe Annie
Smiths story as to Commissioner
Smith. Then, why, In the name OF
heaven, should he ask you TO send
Capt. Newberry to Jail on the testi-
mony Of that same witness? They
say that because lamp was seen In
Newberfy's house that is evidence OF
a conspiracy between Newberry and
Hibbler, but the fact that punch