The Detroit times., 1908-05-22

Fully a quarter of an hour before
the opening OF Justice STEMS court
at o'clock, Friday morning. Police
Commissioner Fred w. Smith appear
ed In the clerks ONCE. accompanied
by his attorney, James o. Murfin, anu
declared that he was ready to go
ahead with his examination on
charge OF conspiracy TO compound
felony.
A few minutes later they were join
ed by Attorney Fred w. Whiting, OF
the same law firm as Mr.. Murfin, who
will be associated with him in the de-
Tense OF the commissioner They
chatted pleasantly while waiting for
court TO open.
Frank Hibbler appeared presently
and few minutes later came Capt.
Frank Newberry and Attorney Allan
Frazer. who appears for both OF these
defendants. ta3l x s,i.
Annie Smith was on hand In good
season, smiling AS usual
You're happy this morning" was
suggested.
why should worry was Annie's
cheerful response. Il have nothing
TO be afraid Of"
II was just 13 minutes past the
hour when Justice Stein called the
conspiracy case against the three de-
PENDANTS, which II had been agreed.
should be taken UP first.
Attorney Muffin, for Smith, stated
that he was ready to proceed, but
asked for a separate trial. Justice
Stein ruled against the proposition and
Annie Smith was called to the stand,
all other witnesses being excluded
from the room at the request or the
defense.
Prosecutor Yerkes, with whom was
associated his Assistant, Lories
w. McClear, took UP the d.
rect examination OF the witness. In
her preliminary testimony she told OF
meeting Capt. Newberry soon after
Delray was annexed to Detroit He
came to her place In person, she said.
Getting down to the conspiracy
charge. Annie said that Capt. New
berry came to her place at No. Sol
vay-ave. on a Sunday evening In NO
vember. 1907. In company with Frank
Hibbler. whom he introduced as
good friend OF the commissioner.
Says She Gave hIbbIer $500.
Then Capt. Newberry walked out
and left me alone with Hiboler,
said the witness, and Hibb-
Ter told me II | would put up 5000
he would see that | got protection Al
that time Julian 10th was doing bust
ness across the street. | agreed 10
give him the money and gave him
5000 at that time. The money was In
two 800 bills.
About 10 minutes later Capt. New
berry came back. He said TO me. when
he found I had paid over the money
or course, Annie. | can't give you
receipt for this
"HibbIer came down again two
days later and said he had talked
II over with the commissioner.
Then he wanted the other $500.
He said. now that the thing was
started II mustn't stop. The
money didn't all belong TO him,
he said. ! gave the other $500 at
that time In three one-hundred
bills. HIbbIer said he would bring
the commissioner over.
WAS anything said about the 10th
woman"
"Hibbler said she would be put out
Oh DuslucbS
And was she put out OF business :"
Eyes, sir, a few days afterward."
Annie said that Hibbler brought
Com missioner Smith TO her place a
week later and introduced him.
do you see the gentleman hero
now"
Annie Picks Out Smith.
Yes. air, the gentleman with the
red ito sitting by the table," and An
ME smiled while the commissioner
looked displeased.
I'VE sat and talked together In
the living ROOM" continued the Wit
mesa, smith. Hibblor and myself. We
talked about Favor and told the
commissioner Favor was demanding
stuf from mo oil the time. Mr.. Smith
said he would investigate"
what else did you talk anout"
~Well, tho commissioner said he
had another good friend besides Hib-
bier. That was Mr.. Cox. q lawyer.
and DO said Cox had told him II he
could open Julian Tesh's place. with