The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-06-02

/ His Judgment as TO evidence may be
better than mine. I've got 10 follo"
my own judgment because on me de-
velopes the duty OF prosecuting these
cases II they 20 TO the other court
And might say that II the testimony
| taken by Justice Jenrles had stood uI
| on cross examination / believe IL would
have been my duty then 10 ask you 70
| bind these defendants over. but II did
, not stand up as 10 Commissioner smith
I am not passing any opinion as 10 the
Smith. AZ | see my duty. IL deyolves
upon me TO say whether | think the
evidence Is sufficient, II II were be,
! fore a jury. for me 10 stand up and
face that Jury and say TO them there
was not any theory except that Com.
missioner Smith was guilty and
should be convicted. | cannot do that
smith Was Indiscreet.
There are two theories that can be
applied 20 the evidence relating 10
| Commissioner Smith. Under one OF
those theories the evidence does not
show that Commissioner Smith was
used by Mr.. Hibbler and by his friends
TO feather their own nests / do not
beiieve-I don't know whether II Is
any OF my duty-but I don't believe
anybody in a public ONCE should ac-
cept presents OF value from people who
might later on want 10 use him In re-
me that II was indiscreet In Commits
sioner smith to accept punch bowl
from Hlbbler, because. as Hibbler ties
titles on the stand, he made that pres
inference from his testimony, that he
made that present az matter OF bust
ness, just as he made presents OF fow-
ers to Annie Smith. don't believe any
man has any right TO make presents
10 public Official as "a matter OF bust
ness As / say, do not think the
evidence as to Commissioner Smith
comes back to Annie Smith, the keeper
of house OF prostitution. backed up.
II at all. by the testimony OF Hungar-
Ian bartenders and disorderiy women.
who have not told the exact truth as
| view II. am saying this because
we have their statements that were
taken before Justice Jefrries.
Asks Court to Hold Hibbler and New
AS to Newberry and Hibbler. am
convinced In my mind that there Is
testimony that should go to jury
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. II is only
inferential. and as / say. after that In :
! ference. another inference on the the
DRY that he was innocent. might just
as well be drawn as TO draw the in
ference from this evidence that he is
guilty. Therefore. IL is my recommen-
dalton that your honor discharge Com
missioner Smith and bind Hibbler and
NeWDe1ry over Tor trial
Attorney Frazer rose TO reply, but
Attorney Muffin. representing Commits.
sioner Smith interrupted to inquire II
the court intended 10 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 IL 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 is
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
falsehood about another. Your at.
titude is ridiculous. That Is sweet
proposition, indeed. 1t 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:
II agree with the prosecutor that
there Is a 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.
McCIear Scores HibbIer and Newberry
Annie Smiths testimony has been
attacked on the ground that she Is q
disorderly woman, but | would sooner
take her story than that Of man like
Hibbler, who has associated with wo-
men Of this class all his life and who
10 ~ pS'eSi thoh ency aic' anu VIC No
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 a perjurer. To Hib-
bier he applied even a stronger cpl
thet, not usually heard in society cir
cles.
Justice Stein then handed down his
decision in accordance with the prose-
cutor's suggestions.