The Detroit times., 1908-11-25

torneys. The boldest OF these was
the swearing OF Dan Scarf. one OF
the court officers In charge OF the
jury. who, like the other witnesses
summoned in this connection, swore
that he had known Capt. Newberry
for number OF years and knew his
reputation for truth. veracity and In
tegrity To be good. He was imme-
diately relieved from service as jury
guard by Judge Connolly and another
officer substituted.
Character Witnesses Testify
Other character witnesses sworn
during the afternoon were Judge Rohn-
ert. OF the circuit court; John Martin.
former superintendent OF police; De
tective Lieut.. futile. Willis r. RAM,
Alfred Easter. manager OF the Detroit
Creamery Co., and William T. Gregory.
OF the American Express Co.
The defense scored when IL showed
by Matthew Gainey. the police court
stenographer who took the testimony
given in the grand jury investigation.
that Annie Smith, testifying In that
Investigation, had first fixed the date
of her meeting with Hibbler as the
latter part OF September or the first
part of October, instead of Nov. 10, As
she now claims.
Capt. Newberry's cross-examination
by Mr.. Yerkes was uneventful. The
captain was able. on this occasion, 10
tell where the punch bowl he has IL
his house came from. He said he had
taken the trouble to find out about
the bowl since the police court ex-
animation and had learned that his
wife and daughter bought it four years
ago In local crockery store.
Mrs. Newberry on the Stand.
Mrs. Newberry took the stand and
partially corroborated her husband as
To the purchase OF the diamond In st
Louis. whittier she accompanied him
on the bowling trip In March, 1907.
She also declared that her husban
invariably spent his Sunday evenings
with the family and swore positively
that be was home on the evening OF
Sunday Nov. II, 1907. when he was
supposed TO have visited Annie
Smiths place, according to the latters
story. There had never been cut
glass lamp In the house, she said. AS
sistant Prosecutor McClear was un-
able to shake her story.
Miss Mary Newberry, the captains
daughter. preceded her mother on the
stand and gave substantially the same
testimony
Mr.. McClear attempted to show that
there had been meeting Of she pedro
club OF which the Newbsrrys are>mem-
bers In the Newberry home short
time ago and the members had been
asked to deny having seen lamp
there. Both Mrs. Newberry and her
daughter denied there had been any
such meeting or that such a request
had been made OF the members.
Mrs. Mary Converse, mother Of Mrs.
Fred p. Striker, the prosecutions
missing witness, was called In rebuttal
and contradicted the Newberrys when
she said that she had been a caller
at the home. No. 81 Myrtle-st shortly
after the holidays, last year, and had
been shown lamp by Mrs Newberry
with the remark: How do you like
our new lamp" She was unable 10
describe the lamp, however, except to
say that she thought It was all glass.
Miss Mary Newberry had testified that
Mrs. Converse had not been a caller
at the house since the holidays and
that no lamp had been shown. to he.'
knowledge.
Several members Of the pedro club,
subpened as witnesses. sat In the
court room all afternoon, and came
back after supper. Only one OF them
Mrs. Wohlfeil. was called, however
and her testimony was so unsatisfac-
tory that the prosecution decided not
TO call the others. At the end Of the
evening session. called by Judge Con-
molly to enable the prosecution to ex-
anime Matt Gainey In rebuttal. the
ladies were very angry with Mr.. Nc
Clear and raised storm OF protests
at being hailed into court to no pur-
pose. Annie Smith sat in the same
row with the ladies during the after
noon, and there was great craning
OF necks to get a glimpse OF the wo-
man who was at the bottom OF II all.