The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-06-01
NEWBERRY AND
HIBBLER HELD FOR
TRIAL; SMITH FREED


t~~.sAHo~~ AAosa Ass s6oy
me that II was indiscreet In Commits
from Hibbler. because. as Hibbler tes-
ent, or II Is to be drawn. as fair
inference from his testimony. that he
made that present as matter or busi-
ness, Just as he made presents OF now.
man has any right 10 make presents
TO public official as a matter OF busi-
ness. As l say. do not think the
comes back to Annie Smith, the Keeper
OF a house OF prostitution. backed up,
IL at all. by the testimony of Hungar-
Ian bartenders and disorderiy women,
who have not told the exact truth as
j view II. am saying this because
taken before Justice Jefrries
Asks Court 10 Hold HibbIer and New
berry.
las to Newberry and IIibbler, / am
convinced In my mind that there Is
testimony that should go TO jury.
The commission OF a crime is put up
to them directly. and II is the evidence
OF our witnesses against their evidence.
The evidence, on the other nand as to
Mr. Smith, Is not direct. IL is only
inferential. and, as l say, after that in
ference, another Inference on the the
DRY that he was innocent, might Just
as well be drawn az to draw the In
ference from this evidence that he II
guilty. Therefore. II Is my recommen-
dalton that your honor discharge Com
missioner Smith and bind Hibbler and
Newberry over for trial.
Attorney Frazer rose to reply, but
Attorney Muffin. representing Commits.
sloner Smith interrupted to inquire II
the court intended to follow the prose.
cutor's suggestion with reference to
the commissioner. Justice Stein nod.
ded and Frazer proceeded.
Protest from Frazer.
The prosecutors course, with ref
erence TO the commissioner is proper
one" he said, but II he disbelieves
the testimony of Annie Smith as to
the commissioner how can he stand
before Jury of IL men and, on the
testimony of this same Annie Smith,
argue that Hibbler and Newberry are
guilty? AS to Hibbler. this woman IL
not even corroborated by her Hun
garian bartenders. And what evi-
ednce have they against Newberry?
There Is absolutely no testimony that
points TO the commission OF a crime
except the unsupported word OF dis
orderly woman whom the prosecution
has repudiated.
You are wrong" put in Yerkes. Il
believe her"
You believe herr" laughed Frazer.
you can't stand up here and say you
believe she Is telling the truth about
one defendant and that she is telling
a falsehood about another Your at.
tltude Is ridiculous. That Is a sweet
proposition. indeed. Ii Is not square
deal, and ask your honor to dis
charge Hibbler and Newberry"
Assistant Prosecutor McClear who
represented the prosecutors office In
the grand jury investigation, and who
was associated with Mr. Yerkes in
the police court proceedings, followed
Frazer. saying:
Il agree with the prosecutor that
there Is theory consistent with the
Innocence Of the commissioner, even
on the assumption that Annie Smith
was telling the truth. as believe she
was. And, furthermore, there can be
no theory that the commissioner is
innocent unless Hibbler Is guilty.
Mcclear Scores hlbbIer and Newberry
Annie Smiths testimony has been
attacked on the ground that she IL a
disorderly woman. but would sooner
take her story than that OF a man like
Hibbler, who has associated with wo-
men OF this class all his life and who
is no better than they are. and we've
got just as much right TO believe
Annie Smith as we have TO believe
Newberry and Hibbler."
McClear declared uneQuivocally that
Newberry had lied on the stand and
branded him as perjurer To Hib-
bier he applied even stronger cpl
thet. not usually heard I'm society cir.
cles
Justice Stein then handed down his
decision In accordance with the prose
cutor's suggestion.