The Detroit times., 1908-11-20
WITNESS AGAINST
NEWbERRY IS
MURDERER
JOS. kEMET. FORMERLY BAR
TENDER FOR ANNIE SMITH,
OTHER WITNESSES MISSING.

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
prosecutors witnesses, Joseph Nemet.
has been convicted OF murder and sent
10 Jackson prison for life. and still
another witness. Charlotte Brown. has
left town and cannot be located.
Nemet was formerly In Annie
Smiths employ as bartender and
testified in the police court examina.
tion 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'
vate apartments to tell her that Smith
was there and wanted to see her.
Convicted Of Murder.
After Annie quit business Nemet
went to work as 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, 1t was al.
legged. was pushed of the moving
train to his death and both Nemet and
his companion were found guilty OF
murder In Adrian, Thursday. and at
once sentenced to Jackson for life by
Judge O'Mally
Annie Smith was considerably brok-
en- up over the n>ws of her former
employees fate.
THE poor fellow had no one to help
him." she said. Il am told that To-
masa stabbed Nemet and that in the
fight he fell of the train. Poor joe"
The prosecution has been unable to
get any trace, as yet, OF Mrs. Fred p.
Striker. who, according to one report.
has gone 10 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."
Yerkes 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 trial OF Newberry was resumed
at $3.50 Friday morning. with Annie
Smith still on direct examination.
Testimony Excluded.
The early part Of the session was
marked by frequent Interruptions,
while counsel, in the absence of the
s.,x.s fC hn ad ntCo Oil "
OF certain evidence. The 6rst snag was
the revolver Annie says Hibbler gave
her with which TO scare Coulson. Ref
erences to it, Thursday, were stricken
from the record. When Mr.. Yerkes
again referred to IT, Friday morning,
and wished to offer the weapon In evi-
dence, the defense objected and the
court excused the jury while the point
was argued Judge Connolly decided
20 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.
came up again and was argued at
length. Attorney Frazer contended
that these earlier gifts could have no
possible bearing on the alleged con-
spiracy. but the court gave him an OK
ception and ordered the prosecution
to 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
In June, 1906 according to Annies
story; the s65 diamond ring. which
was exchanged in March for $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 a bowling
tournament, with Annie paying part
of the expenses--all these familiar
details were gone over again to the
evident qualification OF curious
crowd. which, since the taking OF tes-
timony began, has been increasing
- hourly.
HiQhbalI Postal an Exhibit.
The famous ST. Louis postal card
on which the captain wrote to Annie
81 have just had a highball On you In
the Southern hotel" was introduced
as exhibit l." In spite OF the vigorous
objections of the defense.
The prosecution obtained a ruling
from the court tHdl IL might iHlTOuuCe
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-
dition. which was that the prosecution
should produce witness who had
seen q lamp like 1t In Newberrys
house The prosecution has such n
witness I'm Miss Baker and the, lamp
+, will, be introduced In evidence when
she takes the stand. Attorney Frazer
protested that the prosecution. unless
Il could produce the very lamp given
Newberry. should be confined TO a de-
scription OF II, but he was overruled
by the court.
Mrs. Strikers testimony was TO be
used in connection with the lamp and
her absence IL bothering the prosecu-
ton considerably.
Annie Under Frazer's Fhe.
Attorney Frazer took the witness for
cross-eyamination at 1880. In an
swer to a question as to just what she
expected to get for the $500 she paid