The Detroit times., 1908-11-23
GRAND JURY STORY
WITHHELD FROM
DEFENSE
CAN'T USE PROCEEDINGS IN Elk.
AIMING WITNESSES IN NEW.
BERRY CASE BUT MAY QUIZ
JEFFRIEs.

Counsel for the defense In the con-
spiracy case against Police Capt.
Frank A. Newberry will not be permit
ted even a peep at the minutes OF
the grand jury proceedings before Po'
lice Justice Jeffries. out OF which grew
the present trial. Judge Connolly an
nounced his decision on this point
following the noon adjournment, Sat
urday, and after considerable argu-
ment on the part OF counsel me
court, however, held that the defense
could try TO impeach Annie Smith by
asking her II she did not give certain
testimony before the grand jury. Then.
II she answers In the negative, STEM
ographer Gainey or Justice Jenries
can be put on the stana and question
ed as TO her statements on these par
ticular points. but without the aid or
the minutes.
The ruling. therefore. cannot be
construed as q victory for either side.
Ii Is about a stand-off. The prosecu-
ton contended that the defense should
not be even permitted TO question the
witness az TO her testimony before the
grand Jury. Prosecutor Yerkes. how
ever. announced himself as satisfied
with the decision. In the course OF
the arguments on the proposition. MIR.
Yerkes declared with some empha-
sis:
Mr.. Frazer, IL | did not believe In
this witness | would not be here try
ing Capt. Newberry on this charge. II
there were anything in the grand jury
record that failed TO stand up | would
not hesitate to tell you So"
Mr.. Frazer formally announced that.
in the event OF the captains convic'
ton. the case will be appealed 10 the
supreme court. and the appeal will be
based largely on the courts ruling as
to the grand jury evidence.
The fourth day OF the Newberry
trial opened with Annie Smith still on
the stand on cross-examination. In
an effort 10 show that she had been
on friendly terms with Justice Jeffries.
whose grand jury investigation result
ed In the present prosecution, Attor-
ney Fraser recalled Annie's mysterious
disappearance from the city last sum
mer, and tried to force an admission
that she had received letter from
Justice Jeffries during her absence.
The clear inference was that the jus
tice had induced her to return. The
question, however, was excluded by
the court on the prosecutors objec-
ton. as were several others along the
same line. One of them was:
Were any letters from Judge JET
fries found on you when you were
searched in the Jail after your ar.
rest7"
Anticipating the prosecutors objec.
lions. Annie, who is usually ready with
an answer. remained discreetiy silent
while these questions were being put.
She did not put her foot In it, by
volunteering information.
Have you talked with the prosecu-
tor about this case since yesterday
demanded Frazer.
mot since yesterday was the smil-
ing reply.
When"
DAY before yesterday"
did you talk with him before you
testified In police COURT"
Yes. IN the grand jury"
you say you gave Frank Hibbler
900 Win W Ouy PuANh boWA
for Commissioner Smith,
Yes SIR
What was Smith to do for that?"
Annie hesitated. but finally answer
ed the question by saying she under
stood she was To have protection az
long as the commissioner was In ONCE
"You knew that was bribery. didn't
your"
Annie's answer was in substance
that she considered II was bribery for
the commissioner, being a public Of
fetal. to accept the punch bowl. but
that II was not bribery for her TO give
II.
Commissioner Smiths visit 10 An
MES place In April, 1908. with Health
Oficer Kiefer. was reverted TO. This
was the occasion when he ordered An
ME to nail up the gate between her
saloon and her resort. In recounting
the visit Annie volunteered
They were drinking In my place.
too-the whole bunch, Smith. DR.. Kie-
fer and the rest"
Speaking to Hibbler OF this visit la
ter. Annie said she complained that
the commissioner was fresh" because
he had ordered her TO nail up the
gate.
Il suppose you told the commission
er right then and there that you had
paid $500 and had given him punch
bowl for protection" demanded the
attorney.
mo"
You never told him about any OF
those matters, did your"
NO"
Annie's life from the time she left
native Hungary was retold substan-
TALLY as on former occasions. VIM.
Frazer devoted nearly half an hour 10
showing that Annie, In securing a d.
vorce from J. j. Walter. whom she
married In 1902, had testified that his
name was George Walter and had
sworn IN her bill that the marriage
took place In 1892. This discrepancy
as to the date was explained in the
lower court by Attorney Moriarity.
who admitted he had made mistake
la drawing the bill Annie could not
exactly hgure out why she had given
Walters name. IN the, divorce court.
as George
Though several apparent contradic.
lions were brought to light by Mr.
Frazer. on the main points. the alleg.
ed payment OF the money to Hibbler
the numerous gifts TO Newberry. and
the repeated promises OF protection
her story stands mistaken
At noon a recess was taken until 2
o'clock, when Annie's grilling was re-
sumed