The Detroit times., 1908-05-29
4NOHt.
Conversation With Jollan 10th.

conversation with Jollan lotn.
The commissioner testified To hav-
ing conversation with Jolian 10th
and her attorney. Mr.. Collier. In
which the 10th woman sought per
mission 70 run a disorderly house on
Solvay-ave.
81 told them l could not give per-
mission: that the department had
never given permission to run such
places | said that such places were
simply tolerated, not permitted
Did you ever give orders that Jo-
liam 10th be put out Of business that
Annie Smith might have monopoly"
L did not"
did you ever tell Annie Smith
that Frank Hibbler was your best
friend and that anything he said
would go?'
Il did not"
Muffin took up one by one the
charges made = the prosecution
against the commissioner and the
commissioner entered positive de-
NAL TO each OF them.
He said that he had investigated
Annie Smiths resort and found that
the business element in Delray ex-
pressed the opinion that house OF
the character of Annie Smiths was
a benefit rather than detriment In
that particular section
And was that the reason your
officers began to regulate Annie
Smiths placer"
Woznack Friendly with Annie.
The commissioner told OF Sergt.
John Woznack's discharge from the
force because he was too friendly
with Annie Smith, as the commission
err charged. He corroborated Capt.
Newberry's story as TO the closing or
Jolian Toth's place. saying that the
captains reasons were fully stated
in the report introduced In evidence
at the morning session
He denied that he had issued
orders to any of his officers to inter
fere with any of the prosecution's
witnesses. He had not detailed any
officers TO assist the prosecution and
SO far as he knew none had been
asked for. He had not directed his
stenographer, Leo Banker, to take
notes OF a conversation between ex-
Justice Coulson and Bessie King at
time when Coulson was working
was claimed and he explained:
Capt Newberry told me he wanted
the help OF a stenographer In obtain
ing evidence in the interest OF the
department | did not learn the ma
ture Of the work done by the stem
ographer until | received a report on
it. told him then that under no
circumstances was he expected to go
into house of ill-repute unless ac-
companied by an officer and that Is
a rule Of the department
Court then adjourned until Friday
morning
Claims He Saw Stud Purchased
John Young, the druggist who testi-
fed earlier In the afternoon that he
saw Capt. Newberry buy a diamond
stud in st. Louis in March. 1907, ex-
planned in reply to further questions
that he and Capt. Newberry attended
the bowling tournament together and
that, with Otto Schmidtke. they were
walking down the street looking for
souvenirs when Capt. Newberry was
attracted by the show window OF
pawnshop, went in, and finally picked
out the stud. He was shown the dia.
lllb CAulDIlOu Ny ANCWOtltJ
the morning, but failed TO identify II.
1T wasn't a ring, II was a stud"
he said
rs that stone about the same size
as the one he bought"
Just about the same"
On cross-examination Mr.. Yerkes
brought out that Young was a close
friend OF Capt. Newberry and had at
tended birthday party In his house
six or seven months ago.
His birthday Is In April" said
Yerkes.
We'll, then. IL must have been
year ago." corrected the witness
1t also developed that Young had
been a witness before Justice Jeffries
and was asked about the captains
punch bowl He was not questioned
about any diamond on that occasion.
Otto Schmidtke. proprietor of the
bowling alleys at No. % Macomb-st.
who has been a member OF the same
bowling team with Newberry, also tes-
tilted to the purchase of the diamond.
His testimony was substantially the
same as Young's. They were just
taking stroll. looking In at the shop
windows. when the captain went into
a pawushop and bought the stud They
went into no other shop. no one else
made any purchases, and Capt. New
berry had said nothing previously
about buying any diamonds.
Schmidtke didn't know where the
shop was located except that II was
somewhere In the downtown dis
trlct." He could not name the street
Newspaper Man Testifes.
Fred Van Fleet, a newspaper man.
was put on the stand TO tell OF con-
versation he had with Charles Violin
Saturday, In which Violin said he
saw Commissioner Smith In Annie
smiths place sometime last fall. On
the stand Violin denied, having fixed
the time as last fall.
Attorney Frazer rather took the
prosecution by surprise by asking
first Mr.. McClear and then Prosecutor
Yerkes to take the stand. Both re-
fused TO do so unless ordered by the
court. and Justice Stein declines 10
make such an order One purpose OF
the defense was 70 show. as they
claimed. that Annie Smith spent near
ly the entire day. last Thursday, In
going over the case with Yerkes and
McClear.