The Detroit times., 1908-11-26
NEWBERRY VERDICT
MEANS H|BBLER
GOES FREE
LATTER CANNOT NOW BE TRIED
ON CONSPIRACY cHARoE-JuRy
FOREMAN EXPLAINS WHY CAP.
TAIN WAS ACQUITTED.

Police Captain Frank A. Newberry's
acquitted by jury in Judge Connol-
ly's court, late Wednesday afternoon.
means that Frank b. Hibbler will also
go free Newberry was charged with
conspiring with Hibbler TO refrain
from prosecuting Annie Smith In con-
sideration OF the payment, by the lat
ter, OF $500. IL Newberry Is nor gull
ty of the conspiracy charge. II natur-
ally follows that Hibbler cannot be
guilty. Accordingly there Is nothing
for the prosecutor to do. as far "a
the conspiracy case against Hiboler
is concerned, but to ask the court to
dismiss It.
Separate charges of compromising q
felony were made against each Of the
defendants at the time of their arrest
on the conspiracy charges. When
these cases were called In police court.
Annie Smith was mysteriously miss
ing and the cases had to be dismissed.
with the understanding. however. that
they could be reopened at. any time.
Prosecutor Yerkes stated. Thursday
morning. that he would have to look
the ground over before deciding
whether To start these cases over
again. AS matters stand now there Is
nothing against Newberry and Hibbler
Is as good as acquitted on the con-
spiracy charge. -
The jury In the Newberry case re-
tired at 4:23 o'clock, Wednesday af-
ternoon. Exactly two hours later, TO
the minute. came the knock on the
door and the announcement that q
verdict had been reached. There was
a little furry of excitement as court
officers fastened to notify the Judge,
the defendant and others Interested.
and presently they came hurrying IN
from the corridors and adjoining Of
fees.
The verdict, in which the number
90 figured so conspicuously, meant
"skidoo" for the captain.
The defendant is discharged" said
Judge Connolly as soon as the Tore
mans announcement had been record
ed. But Newberry remained sitting
for a moment, his face apparently I'M
changed. His manner was calm and
his face passive, as II had remained
throughout the trial. Then came the
reaction from the nervous strain un-
der which the captain must have la
bored during those long two hours OF
deliberation.
A friend stepped forward to con-
graduate him. The captain received
the Fluctuations in silence. Then the
crimson rose to, his cheeks and tears
glistened in his eyes. convulsive
sob shook his sturdy frame and he
broke down completely. Crying like
child, he was led from the court
room and II was not until after he had
reached the street that he regained
his composure.
Nearly a dozen ballots were taken.
The first stood seven to five for ac-
quittal.
I'VE finally got together on the
proposition that there was a reason
able doubt as to Newberry's connec-
ton with the alleged $500 deal" said
Foreman Charles +. Baxter. There
was no testimony on this point except
Annie Smiths and that was not sup
ported"
WAS the womans story disregarded
because of her character" Mr.. Baxter
was asked.
mo, | wouldn't say that. We have
some of her testimony credence. But.
as | say, Ii was the question OF rea-
sonable doubt that freed the captain
Mr. Baxter Is an insurance man and
is a member OF the committee OF 100.
He was well acquainted with both
Prosecutor Yerkes and Allan II. Fraz-
er, attorney for the defense. and the
fact that he knew both equally we'll
was one reason he was left on the
jury. AS he himself stated. on his ex-
animation. Ii was about a standoff as
far as his acquaintance with counsel
was concerned.
The other jurors were: George &,
Funk. No. 1852 FOREST east; John t,
Batty, No. 504 McGraw-ave.: Joseph
n. Clifford, No. 65y Twelfth-st.; VIII
liam Abednathy. No. CAT st. Antoine
ST.; Louis Mussehl, No. 90 Hecla-ave. (;
Anthony Gluecklich, No. S97 Jos. Cam
pau-ave.; James Couser, No. ga Mt
Elliott-ave.; Oliver Lardie, No. CTS
Monroe-ave.; William III. Granger. No
101 Orleans-st. Edward +. Goetz. No
275 Amidst: Matthew C.. Jordan. No
800 Toledo-ave.