The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-11-25
EMBERRY DENIES
CETT|NG GIFTS
FROM ANNIE
AccusEp POLICE CAPTAIN TAKES
STAND " OWN pEFENsE-HIs-
oLGR's sToRv Is FEATURED BY
DISCREPANCIES.


Capt. Frank A. Neberry. charged
With conspiring to compound felony
~ giving Annie Smith. former Del
NY resortkeeper. protection. In return
~ presents took the stand In his own
0ohalf I'm Judge Conno)ly's court short
Az before noon. Tuesday His story on
Uirect examination was general
4Gnial OF the woman's sensational
utory except on one point the send
ne OF the famous highball postal card
<1o Annie. which he explained on the
around that II was sent merely as a
<oken OF his appreciation for the good
work Annie had done for the police
~ . detective
The direct examination occupied less
than half an hour and court then adj
3curued until o'clock. when Prosecu-
for ferkes began what promised to be
"a long and merciless grilling of the
& Witness.
Draws Deadly Parallel on Yerkes.
Some glaring discrepancies wers
brought 10 light by the prosecutor in
he cross-examination OF Frank HiD-
Dier, earlier in the forenoon. Yerkes
drew the deadly parallel between Hib-
piers present story and the testimony
ne gave In the grand jury invesuga-
Hon. which he admitted with qualifica-
lions. with the result that Hibbler was
81 4hown not only 10 have contradicted
AiEsclf, but Police Commissioners
Smith and George Codd as well.
Before the grand jury. for example.
41ibbler testified, according TO the
Manuscript. that the punch bowl ne
rave Commissioner Smith was his per-
eonal gift. paid for out or his own
& pocket, and that he had given the
B commissioner lots OF presents" in the
same way. His present story is that
\ GeorGe p. Codd was the sole contribut-
H Or 10 the punch bowl. as he figured II,
II Codd having cancelled a debt Hibbler
owed him. Commissioner Smith had
u te8tihed that the only presents he
t.<ver received from Hibbler we're the
\ punch bowl and one other some time
before, and Colds testimony with
reference to the punch bowl was thai
s. he had told Hibbler to count him in
n when Hiobier told him the commits
& efoners friends were going to give
|Ffhe latter a present.
Asked IL ne had testified before the
grand jury as to record indicated Hib-
bier replied:
~ ST said ii, it's true"
e And this was his answer 10 all ques-
lions with reference to grand jury
STATEMENTS.
Newberry Begins Testimony.
Capt Newberry, under Mr. Frazer's
guidance, that he was Sc years old
last April. had lived in Detroit since
1872 and had joined the police force,
IL 1874 He was made a captain two
X years ago last January and lad been
( connected with the Scotch station
3 since that time.
When Delray was annexed to De
troit and the territory came under his
& supervision, ne sent for Annie Smith
s and Jolan 10th. he said. and gave
q both to understand that, while no dis.
6 Examination would be shown between
4 them, he would investigate all CON-
y rIaints against them and IL found true
they would be put out OF business.
Ibid you tell Annie Smith she would
have TO take her chances?"/
II did"
RI Newberry denied specifically that
HERE had been any understanding
,whereby Annie Smith was to be given
protection In consideration of $500.
did Annie Smith ever give you any
money!"
"She did not"
ibid she ever give you a punch
( bowl?"
sShe did not"
And SO ON down the long list OF
presents which, Annie Smith says
represented her tribute to the captain
4 Is the price OF protection.
tibbier Tells His story.
~ Frank Hibbler, jointly charged with
& Eewberry, with conspiracy 10 com
hound q felony, took the stand for the
defense at 10 o'clock, Tuesday morn
ing. In answer to questions by Mr..
Frazer he said he had been In Detroit
\ 20 years and Is now proprietor OF the
Harrington hotel on Lafayette boule-
|<4ard.
do you know Annie SMITH" asked
B frazer. getting down to the case.
81 yes, SIR"
Were you In her place Nov. IL,
1907, and were you introduced To her
ION that occasion by Capt. Newberry?"
mo. SIR
~Did you tell Annie Smith, on Nov.
70. that II she would give you $500
you would see that she would be per.
omitted to run her business as long as
H6infnissioner Smith was In Officer"
mo, SIR"
~Did you tell Annie Smith. on Nov.
10. that II she would give you $500 you
WOULD see that she would be permit
I'd TO run her business as long as
>ommfssioner Smith was In Officer"
-'No. sir.
ever tell her that In substance"
"No, sir
Were you ever In Annie Smiths
Mace with Commissioner Smith?"
mo, SIR
'EvGR tell her you were the commits
oioner's best friend?"
"No, sir
ibid Annie Smith ever pay you $500
s With the understanding that she would
be- permitted to keep girls?'
mo, SIR
ibid you ever recommend an attor.
II hey to herr"
Yes. SIR
'sWhen?"
about year ago last fall. rec
ommended George p. Codd. IL was in
conneetion with the Coulson notes"
ibid you give Commissioner Smith a
punch bowi?"
Yes. air.
~Did Annie Smith pay for it?"
mo. sir"
< "Who did,"
well. George Codd really paid for
M How Codd Bought" Punch Bowl.