The Detroit times., 1908-11-19

I thew &. JORDAN, NO. 3sO loieuo-
ave.
A jury to try Capt. Frank A. New
berry. charged with consptring with
Frank B. Hibbler to give Annie Smith
police protection In Incorporation OF
her Delray resort In return for gifts,
was secured at 1880 o'clock, Thurs
day morning. and. after Assistant
Prosecutor McClear had briefly out
lined the case, Annie Smith was call
ed to the stand as the first witness.
She repeated her story Of the alleged
conspiracy substantially as related In
the police court on the preliminary ex-
animation Of Hibbler, Newberry and
Police Commissioner Smith.
In accordance with the precedent
set by Judge Phelan In the trial OF
Edward p. Favor, the former precinct
detective. recently convicted OF graft
ing on the Smith woman. Judge Con-
molly ordered the jury confined dur
ing the hearing Of the case. 1t Will
be Quartered in the Griswold house.
All Of the IL men are members OF
the regular panel for the November
term OF court Anticipating that the
panel would be exhausted before .
Jury could be secured. Judge Connolly
ordered the jury commission, Wednes-
day, to draw so extra talesmen. This
was done, Thursday morning, but
these men will not now be sum-
moned. -
The prosecution used all Of its four
peremptory challenges, while the de-
6 tense used only one Otis five. Not
withneap6inf his admission that he
entertained prejudice against testi-
mony given by woman Of disreputa-
BILE character, the prosecution allowed
William Alternately to remain In the
box.
Annie Smith On Stand.
Prosecutor Yerkes took up the d.
rect examination of Annie Smith.
After q few perfunctory questions OF
q personal nature and as to her &C.
quaintance with Capt. Newberry, Mr..
Yerkes asked the witness:
did you ever give the captain any
present."
This was the signal for the opening
clash OF counsel. Attorney Frazer
was promptly on his feet with an OBJ
lection and lengthy argument en-.
sued as to the admissibility Of such
evidence at this time. Frazer con-
tended that the conspiracy charged
In the information must first be es-
tablished before any other testimony
could be. introduced, and cited numer.
Gus cases In support OF his position.
Judge Connolly ruled with him that
the testimony must be submitted in
the logical order, and excluded the
question for the present.
Annie then went on to tell, under
Mr.. Yerkes' guidance, of the alleged
conspiracy to extort $500 from her
on the promise that she would be al.
lowed to run her resort without mo-
lestation as long as Police Commits
sfoner Smith was In ONCE.
Annie told OF her first meeting with
Hibbler on Nov. IL, 1907, Capt New.
berry had called her up by telephone,
she said, aud had told her he was GO
Ing to bring a, friend to see her. He
came between 8 and o'clock that
night and with him was Frank Hib.
bier. After introducing them Annie
testified. Newberry excused himself,
saying he had to return to the sta
ton, and left them alone. Previously
the captain had told her there had
been lots OF kicking" since Julian
10th had established her saloon across
from Annie, and she vas given to un-
derstand that someone might try 20
make trouble for her.
Gave HlbbIer 1900.
after the captain left" said Annie,
"Hibbler told me he was a good friend
OF the commissioner and that he could
fix things up for me. He said II I
would give him $500. no one could
hurt me as long az the commissioner
held his job. l gave him $500 at that
time and then Hibbler rose to go. He
said, ! amt got much time. l have
10 take the commissioner out for a
wine supper.
Three or four days later. according
to Annie's story. Hibbler came for
the balance of the money. $500, and
she paid him. In accepting 1t he ex-
planned that he could not give her a
receipt, but added, she alleged:
But I will bring the commissioner
down here Just to show you that I
didn't put the money In my pocket"
Subsequently, she said. Hibbler de-
manded an extra 500. saying he hal
been put to considerable trouble.
In the meantime. witness testified.
Capt. Newberry had been q frequent
visitor. Following the first payment
to Hibbler he told her. she charged.
that she need not be afraid, that
everything would be nved up all
right" And q few days later Jolisn
10th was put out Of business. New.
berry also told her, she said. that
Hibbler was the commissioners best
friend and no one could do more for
her than Hibbler.
Annie was then allowed to tell of
gifts abe had made to Newberry, In
Gliding the $3.50 diamond ring. the
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