The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-05-28
Aeowden a Hostile Witness

Bowden was regarded as a hostile
witness by the prosecution and his
testimony caused TIE defense much
elation. lie testified that he had called
III the 10th womanjs place several
times. both when she was located at
No. 2GG0 West Jefferson-aye. and later
when she moved 10 SoNay-aye., and
had frequently seen her children, u
girl OF IL and two boys about II
around.
When he called at her Solyay-ave.
resort. No. %, Bowden said he had
seen one OF the boys serve round
of drinks called for by one OF the girls
In the resort. named Edna The round
included two WHISTLES and beer.
Bowdon said he reported this fact to
the captain and that the 10th woman
was ordered To close up Immediately.
Have you been around here intimi-
dating Witnesses" asked Murfn N
high glee.
Nor sir" was Bowden's reply.
did you induce Bessie King to
change her testimony"
No"
Did you come here against your
will?"
NO, sir. have no objections to tes-
flying"
Have you ever talked with any
other person connected with the de-
Tense about this case?"
mo. sir"
After Bowden left the stand. Mr..
Murfin said:
"Yerkes has just told me that this
nd a.. t.h he
Collier was wrong.
Mr. Yerkes objected and Muffin ex-
cused himself, saying:
Il just wanted to push the thing
along"
Smiths Grand Jury Testimony.
Stenographer Matt Carney. who took
all the testimony before Justice JEFF
fries in the grand jury investigation,
was sworn 10 identify transcript OF
the testimony given by Police Commits
sioner Smith in the investigation.
Gainey, who is also reporting the ex-
animation was obliged TO act as stem
ographer and witness at the same
time.
Attorney Muffin objected to Mr..
Smiths statement being offered In
furnished a copy OF Annie Smiths tes-
timony before the grand jury. Justice
stein overruled the objection.
Mr.. Yerkes then read the testimony
OF tho commissioner regarding the con-
versation which took place between
him and G.. x. NJ. Collier before Jolian
10th moved to Solvay-ave.
From this 1t appeared that the con-
versation also took place before she
had closed the deal. The commission
er's version Of the conversation was
that Mr.. Collier, on behalf of the wo-
man, asked permission to run dis
orderly house, which he refused on
the ground that 1t was not customary
to give such permission, adding:
THAT is simply matter OF toler-
ance., There Is no permission given.
He did not even tell her he would
tolerate her, he said. He had put the
10th woman out of business because
It had been reported to him that she
was circulating a story to the effec.
that she had paid him $3.50, Newberry
5000 and gave Favor SIS month, He
also had a report that she had her
children with her in her resort. He
until she came up to his office with
Collier. he said. He denied having
told the woman that she would not be
molested as long as she ran an orderly
place. He was then asked:
Wasn't it understood that as long
as Annie Smith ran an orderly house,
she was allowed to do business, and
when she didn't she was put out Of
business"
THAT was the understanding in the
department"
Admits Receiving Punch Bowl.
Mr.. Yerkes also read from the rec
ord the commissioners admission that
he had received a punch bowl and ac-
cessories including glasses, ladle and
tray. from Frank Hibbler as Christ
mas present last year.
Following is an extract from the
testimony:
Justice Jenries: II supposed that.
there was not anybody allowed TO re-
ceive presents?
smith: Well. the city charter is u
little bit lenient towards the commits
sioner on that
Jenries: 1t says he CAM"
Smith: Yes. 1t says no one in the
department can receive presents with
Jeffries: And then. l suppose the
commissioner can consent"
Smith; The commissioner did con-
sent"
THAT was last Christmas?'
Yes, sir
Had you rendered any signal SER
vice towards Hibbler at that timer?
Il don't know that | had at all"
Rather surprise to you, was it?'
Yes. sir. IL was very much OF a sur
prise to me. as matter OF fact"
Took IT up to your house himself
did hep"
yes. SIR
You and Hibbler are on pretty inti-
mate terms, are you not?'
we have been more or less inti-
mate"
j.. B. Whelan Testifies.
John b. Whelan. collector of Gus
toms, former police justice and former
police commissioner, took the stand a
little after IL o'clock as the first wit
ness for the defense. As he had been
in constant attendance at the exam
nation from the beginning. Prosecu-
cor Yerkes objected to his testifying
on the ground that he had not respect
ed the courts order excluding all wit
nesses from the room. Mr.. Murfin
argued that Judge Whelan. In his ca
pacity as an attorney, had consulted
with the defense and could not be
barred. Attorney Frazer pointed out
that a defendant could not be deprived
of the testimony of one of his wit
nesses because the witness had VIC
lated a court rule.
The only remedy is to punish the
witness" he said
But Justice Stein was not inclined