The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-11-21
WITNESS AGAINST
hEWbERRY IS
MURDERER
Loo. NEMET, FORMERLY BAR.
TENDER FOR ANNIE SMITH.
sENT UP FOR LFE-Two
OTHER WITNESSES MISSING.

. The prosecution in the Frank A.
. Newberry conspiracy case is having
hard luck with its witnesses. On top
Of the disappearance OF Mrs. Fred +.
Striker, who was expected to testify
that she had seen cut glass lamp
and other alleged gifts of Annie
Smith to Capt. Newberry In the lat
ter's house. comes the news from
Adrian. Mich, that another OF the
prosecutor's witnesses. Joseph Nemet.
has been convicted OF murder and sent
10 Jackson prison for life, and still
+ nnother witness, Charlotte Brown, has
left town and cannot be located.
Nemet was formerly In Annie
Smiths employ as bartender and
testifled I'm the police court examina.
\ tjon Of Newberry, Hibbler and Com
missioner Smith that on the occasion
OF the commissioners visit to Annie )
place he had gone into Annie's pri'
vAtsA apartments to tell her that Smith
4 was there and wanted to see her.
Convicted Of Murder.
After Annie quit business Nemet
I. went TO work as a railroad laborer.
& On the night OF Sept 81, he and an
other Detroit Hungarian who worked
) with him got into an alteration with
Andrew Tomasa. a fellow laborer, on
the work train near Britton, Mich.
and in the mix-up Tomasa, it was al
legged. was pushed OF the moving
train to his death and both Nemet and
- A. H. 10 nf
murder In Adrian. Thursday. and at
Judge O'Mally.
Annie Smith was considerably brok-
en- up oyer the news OF her former
4 employers fate.
The poor fellow had no one to help
him." she said. Il am told that To
I masa stabbed Nemet and that in the
4 dght he fell OF the train. Poor joel"
The prosecution has been unable to
set any trace, as yet, of Mrs. Fred p.
Striker. who. according to one report.
has gone to Montreal. Prosecutor
Yerkes denies that any promise was
given Mrs. Striker that she would not
\ be subpened.
All we said was that we wouldn't
call her unless we needed her."
Yerkcs added. And we need her"
Charlotte Brown, the other missing
witness. testified TO having seen the
commissioner in Annie Smiths place,
but her testimony was not regarded as
particularly important. Miss Baker,
who Is expected to testify to having
seen some Of Annies presents in the
Newberry home. appeared In court,
Friday, accompanied by her mother.
The rial of Newberry was resumed
at $50 Friday morning, with Annie
smith still on direct examination.
Testimony Excluded.
y The early part OF the session was
marked by frequent Interruptions
while counsel, In the abcence OF the
Jury, argued as to the admissibility
OF certain evidence. The first snag was
the revolver Annie says Hibbler gave
her with which to scare Coulson. Ref
erences to IL, Thursday, were stricken
from the record. When Mr.. Yerkes
again referred to IL, Friday morning,
and wished to offer the weapon In evil
Z dence, the defense objected and the
court excused the jury while the point
y was argued. Judge Connolly decided
to exclude both the testimony and
the exhibit.
The question as to the admissibility
Of evidence relative to gifts from
Annie to the captain previous to Nov.
IS, the date OF the alleged $500 deal.
7 came up again and was argued at
length. Attorney Frazer contended
that these earlier gifts could have no
4 possible bearing on the alleged con.
spfracy. but the court gave him an ex.
ception and ordered the prosecution
20 proceed.
(, The whole story of the tribute al
legged to have been levied by Newberry
as the price OF Annie's protection was
then recounted. The punch bowl. given
Y a. June, 1906, according to Annies
story; the SOS diamond ring, which
4 was exchanged In March for a $3.50
, diamond stud because the captain COM
\ plalned that the first stone was too
small, as Annie averred; the captains
trip to st. Louis to attend bowling
eournament, with Annie paying part
OF the expenses-all these familiar
details were gone over again to the
ovident qualification of curious
( crowd. which, since the taking of ties.
( timony began, has been increasing
hourly.
f HlohbaIl Postal an Exhibit.
The famous st. Louis postal card.
on which the captain wrote to Annie,
II have Just had a highball on you in
the Southern hotel,' was introduced
~ exhibit L." in spite of the vigorous
y objections of the defense.
# The prosecution obtained a ruling
from the court that it might introduce
In evidence the cut-glass lamp Annie
gave Detective Favor, which. Annie
testified. was an exact duplicate of
the one she had given Newberry
Judge Connolly imposed but one con.
Sjitfon, which was that the prosecution
should produce a witness who had
seen lamp like 1t in Newberry 8
house. The prosecution has such a
y Witness In Miss Baker and the lamp
B will be introduced In evidence when
she takes the stand. Attorney Frazer
protested that the prosecution, unless
II could produce the very lamp given
Newberry, should be confined to a de-
scription of IL, but he was overruled
by the court
81 Mrs. Strikers testimony was to be
used In connection with the lamp and
her absence is bothering the prosecu.
ton considerably. A('
Annie Under Frazer's Fire.
Attorney Frazer took the witness for
cross examination at 1880 In an.
swer To a question as 10 Just what she
expected TO get for the $500 she paid
+ Hibbler. Annie explained that Hibbler
. was TO FIX up things" with Commits.
II