The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-06-01

He-s-e-s-s-s-s-s-~-s-s-s-s-
On the recommendation OF Prose
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 4.
Newberry and Frank b. Hibbler for
trial on q charge OF conspiring TO com
pound felony by accepting 5000
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 ana
Newberry. Frazer argued that X 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 To 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 TO 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 II his duty TO be guided
by the recommendation OF the prose-
cutor.
New bonds OF 81 900 each were re-
quired OF Hlbbler and Newberry. and
they were promptly furnished by John
&c. Hartz and Water Commissioner
John Dodge. respectively, who 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 UNI
der arrest they were not under guard,
but there was no necessity for police
surveillance. Neither Hibbler nor
Newberry would discuss the courts
action.
II said all l had TO say on the
stand" was Capt Newberrys 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-
tons. The commissioner had nothing
to say, but promised a 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. II was
contended that Jeifries, I'm Issuing a
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 II 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
a disorderly woman, out OF which
grew the grand jury investigation and
later the charges against Smith. New
berry, Hibbler and Favor, Is sched-
uled to go on again Tuesday. but It
is not improbable\ that another adj.
journment will be asked. Favor's
trial on a charge OF compromising
felony Is also set for Tuesday In the
recorders court The examination VI
Newberry and Hibbler on separate
charges were to have begun before
Justice Stein. Tuesday morning, but
az the request OF Attorney Frazer.
were postponed until June 3. Mr..
Frazer Is engaged In the circuit court.
II was after 1890 o'clock when
Justice stein took IN tho couaplracr