The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-11-23
COM. SMITH TAKES
STAND; hEWBERRy
TO TESTIFY, also
DEFENSE IN POLICE GRAFT CASE
SCORES WHEN ANNIE sMirH'e
BARTENDER SHOWS AsTouNp.
ING LAPSE OF MEMORY.

When the Newberry trial wse
resumed at o'clock this after
noon, the defense put Police Gem
missioner Smith on the stand %
ito first witness. He denied An
nile Smiths story ~ TO hIs Vie
Itlno her resort except when Nc
went with Or. kiefer.
\ The prosecution In the Newberry
Conspiracy case rested at 1850
o'cfSek,<Monday morning. and the de-
tense, not being prepared to proceed
at once, an adjournment was taken
until 2 D. m. The defense announced
that Capt. Newberry viii take the
stand In his own behalf and that Com
missioner Smith will be called a. .
witness.
Steve Santos. formerly a bartender
for Annie Smith. featured the session
by an astounding lapse Of memory. In
tional testimony, and picked out
among the crowd In the court room.
Commissioner Smith. Frank Hibblef
and Capt. Newberry as men he had
seen In Annie's resort. He told then
OF serving drinks to the cOmmisg1o0er
and OF having seen money on the t.
BILE on one occasion when he was cali
ed into Annies private apartments
and found the alleged conspirators
there.
When called to the stand Monday
morning, after having been locked up
In Jail on an attachment since Sat
urday night. Santos memory as to
what he had seen In Annie's resort
appeared to be blank. Assistant
Prosecutor McClear made a brave but
k...tI ~.<xS
recollection. He finally managed to
recall that he had placed his hands
on two men-Smith and Hibbler, as IL
appeared from the transcript--in POI
lice court and had identified them AZ
men he had seen In Annie's place. But
he could give no dates and he would
not testify now that he had ever seen
either OF the men in Armies empo
rum.
did you not say In police court that
you had seen them there?" he was
! asked.
81 don't know" he answered with
a shrug Of the shoulders.
Didn't you testify that you took
round Of drinks into Annie's private
! apartments?"
What Trsacherous Memory.
Il II forget about that"
= Didn't you testify that you saw
! book. or money. on the table?"
II don't know. I forget everything
Have you talked with anybody
|, about this case since you testified In
police courtT'
II don't know. don't understand"
. Has anyone spoken to yon about
this case?"
mo"
The REORGANIZATION was equally
unsatisfactory and Mr. Frazer finally
ended the farce with the disguised
query.
do you know you are alivef"
And Santos replied characteristtcal-
ly:
II don't know"
Santos was not on hand when want.
ed Saturday afternoon and Judge Con-
: molly. ut the prosecutions request. IL
sued an attachment for him. Steve
: had been In court early In the trial
and when he was not called left the
, court room. declaring he would not
come again till sent for. Annie Smith
says Santos told her Friday, that he
, would testify he did not remember"
, Attorney Collier Testifies.
q. x. M. Collier, attorney for Jolian
10th, Annies one-time rival. was the
first witness. Monday. As In the po-
lice court examination. he told OF his
visits to Capt Newberry and Police
Commissioner Smith on behalf OF the
10th woman. previous to and after
her purchase OF the property on Sol
vay-ave.. opposite Annie Smiths re-
sort. The commissioner told him. he
said. that there would be no discrfm-
nation between the two women.
The commissioner said. however.
that no more houses OF this character
would be permitted In that section or
the city," related the witness. Il point
ed out that Jolian 10th was simply
moving from one location 10 another
and that the old place would be closed.
/ told him I understood 1t was his idea
. TO keep sucr places together In one
locality as much as possible and Mr..
/, Smith said that 1t was"
But when, on Nov. 20. subsequent
to this talk with the commissioner.
|, Attorney Collier and the 10th woman
visited Capt Newberry In the Scot
ten station. the captain informed Mrs.
I. 10th. the witness declared. that IL she
attempted TO open the place for the
purposes contemplated she would be
: arrested.
: 81 asked him II the commissioner
{ had changed his ruling on that matter
4 and the captain said he had" added
c the witness.
0 On crossexamination Mr.. Collier
admitted that Capt. Nevberry gave
as reason for not permitting the
l. 10th woman TO run, the presence or
minor children in the resort. lie said
no had known the captain for several
years. which led Frazer 10 ask:
DO you know his general reputn'
tom"
Mr. Collier pleaded that he could
: not corscientiously answer the ques-
n ton. J
S You are pretty sora ut the captain
h aren't you as a result OF the 10th
y woman being put out or business"
e asked Frazer.
J. mo. can't say that | am"
4 That's all.
2 Following Steve Santos. Court o.
Z fIcer Jere Noonan was put on the stand
s by Mr.. McClear to testify that he had
I been unable TO locate Charlotte
4 Brown. who testified In the police
! court TO having seen Commissioners
smith In Annie's resort early In De-
: cember. The officer said he bad learn
ed from Annie Smith that Miss Brown
= Is I'm Chicago Assistant Proaecptn>
a McClear then read her ponce s0urt
! Testimony INTO the record.