The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-11-18
CAPT. NEWBERRY'5|
TRIAL Starts; No
JURY YET
ANNIE SMITH SAYS FRIENDS On
ACCUSED HAVE TRIED TO ~.
Duce HER TO "FoRoEr' Hga
STORY.


On the anniversary OF his alleged
crime. exactly one year from the day
on which. the prosecution charges. be.
In conspiracy with others, accepted
$500 from Annie Smith with the under
standing that she would not be modest
ed In the operation of her Delray To-
sort, Capt. Frank Newberry was
placed on trial In Judge Connolly's
court, Wednesday, the specific charge
against him being conspiracy to com
pound felony. Jointly accused Il
Frank b. Hibbler. but the defendants
win be tried separately. the prosecu-'
ton electing to take up Newberry:s
case first. Hibbler, however. sits be-
side Newberry and his attorneys AZ
the counsel table. deeply interested
spectator.
1t was 1880 o'clock when the New
berry case was reached owing to the
demands OF other court business, and
throughout the morning the captain,
who had been under suspension since
his arrest ON the graft charges. 1T
In the courtroom, waiting patientlys
while his attorneys. Allan HI. Fraser:
and Stewart Griswold, paced the cor.
ridors. Annie Smith. the peoples star
witness. was on hand early, as she A.
ways Is. looking very prosperous and
quite attractive in black velvet suit,
ermine scarf and black picture hatS
while waiting. Annie fitted about
from one part Of the building TO m
other, holding impromptu receptions
here and there with friends and mere
acquaintances. In the police court
she became quite engrossed In the
case Of the little white girl who
eloped with Negro and was an in-'
terested spectator at the iatter's trial
ON charge OF being q discrderly.
Annie announced that she was pre-
pared to take the stand and repeat thu
story she told In police court, notwith-
standing certain Influences that had
been at work In an EFFORT to make
her forget"
Many people have been to me in
behalf OF Capt, Newberry," she said 70
The Times They were friends OF the
captain who talked to me Of his FAM
lily and pleaded with me to be easy
with him for the sake of his wife and
others dear to him. But | win tell
the truth"
Securing . Jury.
Only nine jurors OF the regular
panel were available when the trial
finally got under way, all the remainQr
err being engaged In other CASES. ~,
these nine, seven remained In the box
at the close of the preliminary exam
nation, when court adjourned until
Thursday morning. Both sides an
nounced themselves as satisfied with
the seven men for the present. ~
though among The seven were at least
four who acknowledged acquaintance
with either Newberry or Hibblsr.
Juror Louis Rubinstein, the first
man examined, had a fixed opinion
and was excused for cause. The next
man was Charles X. Hinkle, No. 70
Milwaukee-ave. east. who, 1t trans
pired, 10 the owner Of the Harrington
hotel property on Lafayette boule-
ward, In which Frank Hibbler has hie
bar
Mr.. Harrington leases the property
from Hinkle and subjects to Hibbler.
Mr.. Hinkle said, however, that his
business relations with Hibbler would
not affect his Judgment az q juror, and
was allowed to retain his seat Tor the
time being.
II. Clifford, No. 652 Twelfthst-. =
man well along In years. had no opin-
ion, although he had read Of the casa.
William Sbernathy. No. CAT St. An
toine-st., admitted that he entertained
prejudice against testimony given
by a woman of disreputable character.
and would not weigh her testimony
as he would that Of q reputable wit
ness. He was passed by Mr.. McClear.
In Dexter j. Briggs, No. 679 Gin
ton-st., the prosecution found an. old
friend OF Capt Newberry. They join
ed the force about the same time, In
1874, and were good friends az fellow
patrolmen. Mr.. Briggs IL now RETIRED
though he has q nephew on the force
who has been attached to Scotch sta
ton, under Capt. Newberry. In the
last. Mr.. Briggs declared that his
friendship would not bias his jnds-
ment in any way. He had no definite
opinion as to the captains guilt o.
innocence. he said.
Henry Felter, No. $50 Champlain-st..
cid not know the defendant and had
no opinion. George Well, No. 2S4
Catherine-st. had q slight scQuaint-
ance with Capt. Newberry and an
opinion that would require evidence
to remove. He Was excused for cause.
Charles e. Baxter. a well-tnown In
sursnce man, whose home Is at NO.
ZOE Palmer-ave., said he was well &C
quainted with both Mr.. Frazer and
Mr.. Griswold. but as he knew Prose-
cutoi Yerkes equally well he guessed
Il was about "standoff." lie had
slight acquaintance with Hibbler and
knew his sisters socially. These facts
would not prejudice him. however. he
said He had an opinion. but could dis
miss Il from his mind In considertng
the evidence.
IL would not consider myself q COM
petent Juror II could not" be added.
Oliver Lardie, No. SIS Monroe-ave-.
said he knows Hibbler by, sight. but ,
had no opinion.
There were less than score Of
spectators In the room during the ex-
animation Of the prospective jurors
CONSPIRE TO ESCAPE;