The Detroit times., 1908-05-29
POLICE SCANDAL
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somewhere in the downtown dis
trict." He could not name the street.
Newspaper Man Testifies.
Fred Van Fleet, a newspaper man,
was put on the stand 10 tell OF a con-
versation he had with Charles Violin
Saturday, In which Violin said he
saw Commissioner Smith In Annie
Smiths place sometime last fall. On
the stand Violin denied, having fxed
the time as last fall
Attorney Frazed rather took the
prosecution by surprise by asking
first Mr.. McClear and then Prosecutor
Yerkes to take the stand. Both re.
fused 10 do SO unless ordered by tho
court. and Justice Stein declines 10
make such an order. One purpose OF
the defense was TO show. as they
claimed, that Annie Smith spent near.
ly the entire day. last Thursday. In
going over the case with Yerkes and
McClear
Frank HIbbler, recalled, testified
that he never introduced anyone In
JeffrIen on the Stand.
Justice Jeffries," called Attorney
Frazer, and a moment later the JUS
tice, whose grand jury investigation
OF the police scandal resulted In The
present examination, entered the
room and took the stand.
His face wore rather determined
look.
You held grand jury investigation
in reference to this transaction In
hearing here?" asked Frazer
Mr.. Yerkes: 81 object unless his
honor wishes to tell OF his own &C
cord"
The court: Il don't think you can
be required to testify unless you are
so disposed"
Justice Jeffries: LAS far as l am
concerned. ] am willing, but I don't
desire to interfere with the prose.
cutor. If he advises me to testify,
III do So
Mr.. Murfin: Did you follow the adj
vice OF the prosecutor when you Is
sued warrant against Police Commits
sioner Smith"
Il don't think that Is fair" said
Yerkes
Don't Answer" Rules Court.
Don't answer" ruled Justice Stein.
Didn't Annie Smith testify before
you that II was in September or the
first OF October when she paid Hibb-
Ter money!" asked Frazer.
The question was objected to and
the objection was sustained.
DO you know man named Gould
down in Delray, manager of Summer
fiel' a. Hecht's branch?"
Il don't think | do replied Jeffries.
there being no objection
Didn't you tell that man to use his
influence with Annie Smith and he
would be lenient with her IL she would
tell?"
Objected to and objection sustained.
Mr.. Frazer demanded pages 102 and
1OS OF Annie Smiths grand jury testi-
mony, claiming Ii would show that she
said she had paid Hibbler money In
September, instead of November.
Justice Stein ruled that the defense
could look at the pages after he had
worked at them. After a recess the
justice announced that he had decided
not to look at the pages, at least tor
the present.
Mr. Murfln broke In to inquire If
and assistant prosecutor present al
each session. Jeffries replied that he
had except when Annie Smith made
her. first statement.
Murfin tried to show that several
witnesses had been privately ques.
toned before being sworn. Justice
Jeffries admitted that only one or two
had been SO examined.
The peoples case is under the con-
troll of the prosecutors Office" said
Jeffries.
Did you follow the prosecutors
ruling when you issued the warrant
for the police commissioner?
Question ruled out.
LAS matter Of fact. didn't he ad.
wise you against such a course?"
This question was also ruled out
on the prosecutors objection and JEFF
fries left the stand
Capt. Frank A. Newberry, of the
Scotch station. charged Jointly with
Police Commissioner Smith and Frank
Hibbler with conspiring to compound
u felony by grating from Annie
Smith, the Delray resort keeper. took
the stand in his own behalf In Justice
STEMS court, Thursday morning.
Under a skillful cross-examination
by Prosecutor Yerkes be was forced
to acknowledge the ownership of a
punch bowl, diamond stud and cut
glass whiskey set, three articles
named by Annie Smith in her list Of
presents to Newberry. He denied en-
phatically that he had ever received
any presents OF any kind from the
Smith woman, but his memory proved
very defective as to how the articles
mentioned came into his possession.
The diamond stud he claimed to
have bought In st. Louis, Mo, In
March, 1907, when he was attending
bowling tournament. paying Sl75 for
It, but he could not remember the es-
tablishment where he made the pur-
chase. II was about this time or
shortly before that Annie Smith claims
to have presented the captain with a
$3.50 diamond stud, which she pur-
chased. she said, because Newberry
complained that a diamong ring she
had given him at Christmas was too
small.
The captain produced what he said
was the st. Louis diamond in court.
II was set in ring and he explained
that he had had the work done In a
local jewelry house.
Admits Sending "HlehbalI" Postal.
II was on this visit to st. Louis tina:
the captain sent the famous "highball'
post card to Annie Smith. He ideni.
fed the card and said he sent II as
token OF good will in recognition OF
Annie's valuable services to the police