Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-12-08
.HUMMEL TELLS OF
TRIP WITH SMITH
CONTINUED from First Pase.)


Sheriff Monahan or Undersheriff Hy-
land. The prisoner was returned to
the Jail at $3.50 that night he averred.
On question by Mr.. Quackenbush
Hummel said he had prisoners in his
custody for years at his own iiscre-
tion and at all hours of the day and
night.
Mr.. Hood objected to Mr.. Quacken-
bush asking the witness il he knew
why Smith was in jail at the time,
and whether he had been convicted of
crime.
Judge Henry interposed at this
time that the question was relevant
one and Commissioner Fordyce de-
cided to allow 1t. Hummel answered
that Smith had not been tried for
any crime
Ends Cross-Examlnatfon.
Mr.. Hood asked the witness If it
was not the custom to feed prisoner
at the nearest place. Sometimes the
nearest place may not be adaptable"
responded Mr.. Hummel. "Ofter you
take them to the nearest adaptable
place." dryly remarked the prosecutor,
at the same time announcing that his
cross-examination of Hummel was
finished
the next witness called. On a ques-
ton of Mr.. McSherry Mr.. McDermit
declared he was associated with other
counsel in the defense of Smith. Mr..
McDermit told of a conference with
the other lawyers engaged in Smiths
defense and added that at no time
during the conference had Smith been
out of sight of Hummel and Kane.
Mr.. McDerrnit said the automobile
had been summoned by him to take
Smith back to the county Jail In or
der to avoid the curious throng, who
were manifesting a great interest in
Smith at the time. Smith, was not
feeling well, Mr.. McDermit said, and
1t was for this reason and to avoid
publicity that they went to McCloud's
farm for supper.
The meal was all prepared upon
their arrival, the witness said, in an
swer to question of Mr.. MacSherry.
"Was there any drinking?" asked
Mr. MacSherry.
"Well, 1 had q couple of glasses of
lager. / always do with my meals,
responded McDermit. "HuIlmel had
O drink, too, but Kane, I think, stuck
to Coffee
The witness said his only. motive
was to give Smith substantial meal
too much attention. Hummel and
Kane sat on either side of Smith dur
ing the entire trip in the machine,
he declared.
On cross-examination by Prosecutor
Hood the witness said Hummel was
doing double work on that day. using
his machine to serve papers for the
prosecutors office and working for
him also in bringing Smith to the
eating place.
"Oh, Hummel was working for you,
too, then, was he?" responded the
prosecutor.
Kane was next called and said he
had been told on the day In question
by Hummel to go to the county jail
and bring Smith down to the Court
House. Hummel, he added, had CIV
en- him a written order for the pris-
oner.
The prisoner had not been out of
his sight during the entire proceed
irigs, Kane said.
Questioned by the prosecutor, Kane
said that il was Mr.. McDermit who
had invited him and Hummel to have
something to eat. Asked where they
had eaten dinner that noon Kane said
at the corner of Bank and Washing
ton streets.
Of the trip to McClouds until after
the court adjourned. Kane said he
knew then Mr.. McDermit was going
to take them some place to eat, but
that he did not know they We're going
to McCloud's until they arrived there.
Kane seemed to be trying to give the
impression throughout the cross-ex-
animation that Hummel had been In
charge of the trip and that he mere
ly assented to the arrangements.
Mr. McGuinness. warden of the jail,
test fled that prisoners at the Jail are
fed twice g. day, at 7:30 a. m. and at
p. m.
Undersheriff Hyland said he had
delegated Hummel and Kane Jointly
to take charge of the prisoner. Both
men were equal, Mr.. Hyland de-
clared, and point of service did not
figure in the matter. Both Hummel
and Kane were very good men, Mr..
Hyland averred.
At this point Mr.. Hood questioned
Warden McGuinness as to how "A
prisoner who Is in court would be fed
il he returned to the Jail after 3
o'clock. Mr.. McGuinness declared
that arrangements were always made
for such emergencies and that they
received the same fare as the others.
Mr.. MacSherry at this juncture be-
gan the summing up, briefly stating
that there was absolutely no evidence
against the defendants that they had
even been indiscreet.
Mr.. Hood declared that they had
subjected the sheriff's office TO great
criticism. They had taken the pris-
oner "joy riding" at the. request of
his counsel.
Smith had no desire for the dinner
in the mountains because he was
sick, according to the testimony. Mr..
Hood averred McDermit and Hum
mel were the ones. who, wanted the
dinner. The excuse that they took
the prisoner to McClouds to avoid
publicity was merely a pretence, he
added.
Mr. MacSherry said that the whole
matter was "a tempest In a teapot"
and the proceedings were very harsh
and unnecessary. Mr.. MacSherry
said that while he was representing
Kane he did not want to serve the
latter by sacr ficlng Hummel. al
though there was no question, he said,
in his mind but that Hummel, as the
more experienced man, had charge of
the arrangements.
1t was a very unusual proceedings
to have the sheriff represented by the
prosecutor, Mr.. MacSherry declared.
To his mind the county counsel
would be the proper ~ resentative.
Former Judge Henry, In summing
up. said that Prosecutor Hood has
entertained us with fairy tales, but
he has not dared to say that any law
was violated by the defendants"
Judge Henry referred TO a similar
case of man named Noyes, which
he said might be read in the Newark
Daily Advertiser OF some years ago
In which it was held that the law had
not been violated.
Woman Sent to Jail