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

cutting Attorney Yerkes, In which
Assistant Prosecutor McClear. who
assisted Justice Jeffries in the grand
jury investigation OF the police scan
dial concurred, Police Justice Stein.
Monday morning, held Capt Frank a.
Newberry and Frank B. Hibbler for
| trial on a charge OF conspiring TO COM
pound a felony by accepting $500
from Annie Smith. the Delray resort
keeper. Police Commissioner Smith,
/ Jointly accused with the other two
defendants, was discharged, likewise
on the recommendation OF the prose
cutor, who expressed the opinion that
the evidence did not warrant his be-
! ing held.
Mr.. Yerkes' attitude was pronounc-
ed ridiculous by Attorney Allan
Frazer. representing Hibbler and
| Newberry Frazer argued that IL the
prosecution disbelieved the Smith
woman's testimony with reference TO
the commissioner. that II was not In
position TO accept the woman's story
with reference 10 Hibbler and New
berry as the truth.
But | believe her" interrupted
| Yerkes, trying to point out that Annie
! Smiths story as TO Commissioner
Smiths alleged visits 10 her place and
| his alleged promises of protection
could still be consistent with The
theory that he was innocent OF any
connection with the conspiracy charg-
ed by the prosecution.
Stein Guided by Prosecutor.
In discharging the commissioner
and holding the other two defendants
| for trial, Justice Stein said simply
that he felt IL his duty TO be guided
by the recommendation of the prose
cutor.
New bonds of $1,000 each were re.
quired of Hlbbler and Newberry, and
they were promptly furnished by John
c. Hartz and Water Commissioner
| John Dodge, respectively. VINO went
on the bonds of the accused men at
| the time the warrants were issued.
! The defendants remained In the clerks
Office while awaiting the arrival OF
the bondsmen. Though virtually un-
der arrest they were not under guard,
but there was no necessity for police
surveillance. Neither Hibbler nor
| New berry would discuss the courts
action.
Il said all | had TO say on the
stand" WAS Capt. Newberry's only
comment.
Hibbler wouldn't even say that
much
Several personal and political
friends OF Commissioner Smith were
present and as soon as the courts de-
cision was announced they gathered
around him and extended congratula-
lions. The commissioner had nothing
10 say, but promised statement
later.
Before the trial a story was current
that Smiths friends were planning
vengeance on Justice Jeffries by filing
charges against him, looking to his
impeachment, on the ground that
Jeffries was playing politics. 1t was
contended that Jeffries, in issuing
warrant against Smith. acted against
the advice OF the prosecutor, and Mr.
Yerkes, in his statement to the court
MondayMonday morning. corroborat-
ed this statement, adding. how
ever. that IL the testimony taken be-
fore Jeffries had stood up under cross
examination there would have been
grounds for putting the commission
er's case before jury.
Annie Smith. the woman whose story
is responsible for the entire proceed
ings, was plainly displeased over the
discharge of the commissioner. She
was on hand early and waited in the
corridor for the decision. She frown-
ed when she heard the decision, but
declared that she was not surprised.
They said two or three days ago
that he would not be held" she said
Annie's Trial Set for Tuesday.
Annie's trial on the charge Of being
disorderly woman, out Of which
grew the grand jury investigation and
later the charges against Smith, New
berry. Hibbler and Favor, is SEIZED
uled to go on again Tuesday, but 1t
is not improbable that another ad-
iournment will be asked. Favor's
trial on a charge Of compromising a
felony is also set for Tuesday In the
recorders court. The examination OF
Newberry and Hibbler on separate
charges were TO have begun before
Justice Stein. Tuesday morning. but
! at the request of Attorney Frazer,
were postponed until June 8. Mr..
Frazer Is engaged In the circuit court.
II was after 1890 o'clock when
Justice stein took up the conspiracy
case Prosecutor Yerkes at once
arose and made the following state
ment:
your honor. we subpened two or
three witnesses for this morning and
just got word from one OF them that
she has q sick daughter and can't get
away: and as to one or two others.
understand they are on the way down,
but as I view the testimony In this
case, I do not think I will wait for
these witnesses. I am ready now to
say what think of this case. The
witnesses were only In a way accumu-
latiye az to testimony already in.
we have spent a good deal OF time
over this case and we have done our
best TO ferret out any criminality, and
I may say TO the court that when this
matter frat came UP / detailed Mr.. Nc
Clear to act with Justice Jeffries in
going after the testimony. and they
did II, covering period Of two or
three weeks. They took a good deal Of
testimony and swore great many
witnesses And after the testimony
was taken Judge Jenries called me in
and read over the testimony. did
not agree With Justice Jefries as to
| the testimony relating 20 Commission
err Smith. I did not believe that the
evidence was sufficient TO warrant a
complaint against him, but q COM
plant was taken.
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