The Detroit times., 1908-05-27

barred. Attorney Frazer pointed out
that defendant could not be deprived
OF the testimony OF one OF his wit
nesses because the witness had vio-
lated a court rule.
THE only remedy is to punish the
Witness" he said.
But Justice SteinA was not inclined
to such harsh measures and per
mitted his predecessor on the bench
to testify.
Judge Whelan said that he and the
commissioner, in company with theiI
wives and a man named Harry luke
left Detroit at noon on Nov. ~ TO &C
to New York and did not return until
the morning OF Dec. 4. He and Smith
had been together all the time during
the trip, he said. He had refreshed
his recollection as to the dates by
means of his expense account.
Bernard Goldman, clerk In George
p. Colds law office and law stu
dent, was next called. Although a
mere clerk and net an attorney, he
testified that he had appeared for An
ME Smith In three matters In the pc
lice court. Several times between
November and March Annie Smith
had volunteered the information, while
they were going to and from court
that she didn't know "the commits
sioner" and had never seen him. Late
in March she said to him one day, he
testified: Il have just met the com
missioner"
Couldn't Fix Dates.
On cross-examination by Prosecutor
Yerkes, Goldman said that by several
times he meant twice, and he could
not definitely Ak the dates OF the con
versations. And although he had
known, from reading the papers, that
Annie Smith claimed the commits.
sioner had called at her place several
times last fall and winter and had
promised her protection, he had never
told anyone about Annie's remark to
him until after the commissioner
examination started in police court.
His testimony was also objected To
as he had been in the courtroom con
stantly. He claimed that he did not
Wednesday morning.
Geo. p. Colds Testimony.
Former Mayor George Z. Codd came
to court In response to a telephone
summons from Mr.. Muffin and took
the stand shortly before IL O'Clock
He first saw Annie Smith on Nov.
last, he said, when she called at his
Office on a matter Of business concern
ing ex-Justice Coulson. Following
that visit he wrote. Coulson a letter
and later instituted suit against hin
on behalf OF Annie Smith He had
never appeared in court for her, he
said. leaving that TO his clerk. Mr.
Goldman, who was only student.
did Annie Smith ever tell you she
knew Commissioner SMITH" Attor
ney Murfln asked.
No"
Ever tell you she was making pres
ents OF punch bowls and diamond
rings TO police officers?"
NO"
Ibid she say how she happened tC
come there or whether anyone rec
commended herr"
No"
Tell you she ever gave Hibble
s5O0?"
mo"
Are you trying to prove the figh
didn't occur by man who WASH
there put In Prosecutor Yerkes a
this point, and Mr.. Martin droppe'
This line OF inquiry for moment.
did Frank Hibbler sometime be
fore last Christmas day anything I,
you about a group OF friends BANDING
together TO get Commissioner Smith
punch bowl
Yes. told him to count me In"
did you hear IL had been done?'
Yes. II had been done"
Did you contribute to the puncl
bowl?" asked Mr.. Yerkes, on cross
examination. IT vi
How codd Contributed"
Well. according TO Mr.. Hibbler.
did. had transacted a little profes
sioual business for Mr. Hibbler a shOr