Omaha Daily Bee Newspaper, March 10, 1910, Page 1

THE OMAHA BEE a clean, rellable newspaper that s admitted to each and every home. HE OMAHA DAILY BEE. = — ' PN VoL XXXIX_No. 22 7 OMAHA, THURSDAY MORNING, MARCH ENFORCETHE LA OR WIPE IT AWA Federal Brief in Big 0il Case Says Sherman Act Should Ae Repealed or Obeyed. THOUSAND PAGES IN ILENGTH It Will Be Foundation for Oral Argu- ment to Be Presented Monday. ANALYSIS OF THE EVIDENCE It Shows that Rebating and Discrimi- nating Continue. COMPETITORS CRUSHED OUT Contended that Methods e Been Pursuned that Give cern a Practical Monopoly. WASHINGTON, March 9.—"Bither the Sherman act should be repealed or it should be enforced in @ manner to make the peo ple respect it.” With this declaration of its guilding prin- jivle the Department of Justice today filed Qiith the' supreme court of the United States a 1,000-page brief in support of ils petition that “Standard Ofl" be dissolved as In violation of the Sherman antl-trust law. The brief will be the foundation of the government's orah argument at the hearing of the case by the supreme court next Monday. le bears the names of At- torney General Wickersham and of Frank B. Kellogg, Charles B. Morrison and Cor- denfo A. Severance as speclal assistants. One of the two thick volumes of the brief Is devoted to an analysis of testimony taken in the circult court of the United States for the epstern district of Missouri, which decreed that “Standard Ofl is dls- volved.”” It represented years of govern- mental Investigation of the ofl business. The government declares this shows the rebates and discrimnatory rates received by the Standard Ofl combination, not only during its formative perlod, but during the last ten years, “whereby the Standard was enabled to bring a large part of the con- cerns) into the combination and to crush out knd eliminate from the fleld of com- petition the principal part of the balance.” Tho briet follows very closely the argu- ments made by the government In the cir- cuit court of the United States for tho east- ern district of Missouri, before the supreme court for review. Meaning of Sherman Aect. “If the anti-trust act is to be made ef- ' says the brief, ‘it the monopoly is to be stopped, if corporations or hold- Ing companies are not to be permitted through thelr aggregate wealth and power to control all the Industries of the coun- try, the ecourt must adopt the broad and reasonablq construction of this act which whl net permit iopoly’ 10 - whatever form It may be m”a?n.a, for If 1t ts possi- ble to control the commerce of the coun- try and suppress comipetition by acquls tion of stock Interests, incorporations cn- gaged in a glven business or by combin- ing all of the oapital in one oconcern through purchase or otherwise, it 1s per fectly idle to maintain this act merely inhibiting the less effectual method tween independent concerns to limit prices, divide territory or to restrict output combinations with the same object. “It 18 of the highest Importance In right to earn a llvelihood, any ocommerce, employment kept free and untrammeled. Effect on Individual. to engage “It, Is not sufficlent that the citizens be to earn a the avenues of commerce and The man who has eonstantly before him the prospect of always belng an employe in a subordinate glven merely an opportunity livelthood; trad should be kept open. position, who can never rise above It, who has no prospects of being a proprie- tor, who cannot enter the fields of com- petition in Industry is not ve of man, “The gquestlon Is frequently asked:" 4 3 : : ‘g’ wurt Acquits whose decree Is of monopolisation by means of contracts be- or the preservation of soclety and of the devel- opment and elevation of the race that the in or wvor ve| Hogs Reach $10.10 in a position to develop those faculties of independence and enterprise, which make the highest Is | iliegal for an individual to purchase all | i ?““schaikovsky; z} Exiles Woman . ushkovskaya is Found Gui]ty' vt Revolutionary Activity in Closed Session. » Mn | ST. PETERSBURG, Trchalkoveky was today acquitted charge of criminal activity in the revolu- tonary organization. Madame Breshkov- | skaya, who was also charged jointly with | him, was convicted and sentenced to be exiled Both have been In prison for over a year J. Tschaikovsky pleaded not guilty, and | Madame Breshkovskaya, when arraigned, sald: “I admit that T am a | st when their trials on charges of criminal mctivity In the revolutionary or ganization bega- yesterday. The public was not admitted to the court room, the audi- ence being confined to the prisoners, court officers, Tschalkovsky's wite and forty gendarmes and plain-clothes officers. The witnesses included a political con- viet, who appeared in chains. Tschalkovsky was brought to the zourt room escorted !by ten gendurmes. He waved a cheerful greeting to friends and his face was radi- | |ant as though at the thought of again |suffering for “the cause.” He said his oe- | cupation was that of a preacher and he ex- | pounded the doctrine of socialism. | All of the testimony of the prosecution |was introduced today. The government's chief witness, Pateuk, the informer, made an unsatisfactory impression even upon | the judge. March 9.—Nicholas of the | ‘soclal revolution- | w X “Acquitted!” exclaimed Judge Sutton, when he heard that his friend had fared well. “Acquitted! Why that is almost to g00d to be true. When a secret trial was ordered 1 thought he had little chance, | though I felt confident he would be ac- | auittea it a fair and public hearing were given. 1 now wonder why they had the proceedings in camera. “I shall write and congratulate Tsch- alkovsky this very day.” Iowa Regulars Meetin Des Moines and Plan to Fight Administration ;;mblicnm WillI Begin Active Campaign to Con- trol State Convention. (From a Staff Correspondent.) DES MOINES, March 9.—(Special Tele- gram.)—The political campaign was started for all Towa today at a largely attended meeting of the administration republican: who organized by selecting officers of a permanent organization and a member of a committes of each congressional district. National Committeeman E, E. Hart was present and other state leaders/ J. L.'Long of Osceola was made president and Senator Savage secretary. Resolutions were adopted declaring it the intent to capture the state convention for the purpose of endorsing the principles of the republican party as endorsed and in- terpreted by President Taft. This means immediate organization for a hard fight all along the line for Iowa, the issud being whether the senators shall be endorsed or the organization It is planned to hold a mass convention in Des Moines the latter part of this month, which will be endorsed by speakers of national reputation. | on Local Market |Wild Trading and Increase Both Here and Elsewhere is Marked. \ The price of hogs on the South Omaha market reached a top of $10.10 yesterday. ST. JOSEPH, March 9.—Hogs sold on the | South St. Joseph market today for $10.% {per 100 pounds, 20 cents higher than yes- terday’s record price, Also a new record for lambs, $9.40 per |an order will be made in the senate. of the manutacturing plants in one branch | of business in the United States? It fs, | of course, unnecessary to argue that ques- | 100 CHICAGO, pounds, was paid today. March 9.—Hog prices at the tion In this case and the condition will probably never arise. “As has often been pointed out, span of human life I8 too short and un- ceptain and Individual wealth is not great endish for any length of time to con- trol by purchase all great industrics of the country. “It 18 Aifferent, however, ations. They are the creation of the legis- lature the gift of soverelgn authority, whereby there *tual combination, control of neces- & few men, wealth and insuring perpetuity and remov- ng the those arising dividuals held mon from disagreement together merely by understanding. COLLEGE BOYS GREET CARRIE of In- com- WITH SOME _DRINKING SONGS Tempernnce Lecturer Roasts Yankton for Haying Saloons and Cre- ates Disturbance. YANKTON, 8 D, Maren 3--(Snecial Tolegram.)~With college Loys singing drinking $ongs in fun, the curtain went up for Carrle Nation last night at the opers house With & full house. Carrle roasteq this college town for having s0 many saloons, &nd parents for sending boys heve. She went strongly after the masons DOW In reunion here, and after the lecture was turned out of John Behm's saloon for making a disturbance. LICENSE RETURNS ARE EVEN Vote Against Ssloons. all over Minnesota held elections yesterday for lquor saloons. these sixty-two voted for no loense and About Half ot Holdiug Rlections " PAUL, March 8—Towns and villages and In most of the election precinots the important lssue was license or no license The vote was about evenly divided so far as returns from 138 towns show. Of sixty for license, and in the town of Becker the vote Was a tis the or any one of the with corpor- may be amalgamated the wealth and labor of thousands of persons thereby consolidating uncertainties of human life and their Minnesota Towns stock yards continued to soar, several cars selling at $10.60 per 100 pounds. KANSAS CITY, March 9.—Live hogs | here today sold at §10.25 per 100 pounds, a record price in Kansas City. SIOUX CITY, Ia., March 9.—Hogs took & 20-cent Jump here today selling at $10.20. ST. LOUIS, March 9.—Live hogs of ordin- ary quality sold here, today for §10.50 per 100 pounds, an advance of 17% cents since | yesterday. ENGINEER SCALDED TO DEATH| Broken Flange Cnuses Double-Header Freight Train to Leave Trrek: DES MOINES, la, March 9.—Engincer Joseph Keenan of Des Molnes was scalded | to death and other train men were in- jured, when a *double header” freight on the St. Paul & Des Molnes road left the track near Racine, Ia, today. A broken OBJECTION TO PROPOSED COURT House Committee Makes Important Amendment to Administration Railroad Bill. COURT SECTION IS CHANGED Work of Proposed Tribunal to Be Done by Commerce Commission, SENATE WILL HURRY MEASURE Steering Committee Arranging to Give it Right-of-Way. BILL READ FOR FIRST TIME Number of Senntors Will Make Anti- romd Speeches of a Political Character—Debate Wil Ae Long. WASHINGTON, March 9.—The admnis- tration raflroad bill was amended in an important particular b ythe house com- mittes on Interstate and forelgn com- merce today, when the committee voted, 9 to 7, to substitute the Interstate Com- merce commission for the proposed court of commerce as the tribunal designated to reecive petitions or applications of rail- roads desiring to acquire interests in other rallroads. The six democrats ovted for the sub- stitute and were joined by Chairman Mann and two other republican members. Repre- sentatives Esch and Wanger were absent, but their votes could have no greater effect than to cause a tle. 10, 1910—TWELVE PAGES. As this section provided one of the chief dutles of the court of commerce, it 1§ ex- petced that the administration will use vigorous efforts to have today's vote recon- sidered in committee and the action re- scinded. Section 1, which involves many: fmportant poitns, is yet to be disposed of. Senate Will Hurry Measure. President Taft today recelved from Sena- tor Aldrich a verbal report of the action of the steering committee in voting to take up the admisistration raliroad bill and hold it before the senate to the exdlusion of any other business, exoept appropria- tion measures until it Is passed. The presi- dent was pleased by this declsion. As the steering committee Is in favor of this program, it is not doubted that such The Indications point to a long debate in the senate on the raflroad measure. A number of senators have in view the making of anti-rallroad speeches of a poli- tical character. Somewhat unexpectedly, the raflroad bill recelved its first reading in the senate today. Let it go over" Gallinger. “Oh let it be réad,” rather pleadingly re- sponded Senator Kéan, who was presiding tro the day. ““Then let | tgo," comsented the New Hampshire senator. A single objection would have sent the bill over for another day. Nothing was gained by this proceed- | ing, except time necessary to read the bill | for it was understood generally that no further proceeding beyond making it the unfinished business would be undertaken | today. suggested Senator CARLOAD OF BABES GIVEN ! AWAY TO EAGER CLAIMANTS Supply of Foundlings Gives Out at| New Orleans Long Before De- mand is Satistied. NEW ORLEANS, March 9.—This was the day they give bables away in New Or- leans. A carload of the little tots arrived | |aay, From the Washington Star. Speaking of Harmony Dinners—A Few Suggestions are Ventured. MACONDOUBTS PEARY'SCLAIM Congressman Opposes Voting Reward Until Records Are Shown. TO0O MUCH SPEED, HE THINKS Calls Attention to Fact Peary Must Have Walked Three Times an Fast After Bartlett Left Party Than Bafore. 4 WASHINGTON, March 9.—By a unam- mous vote the sub-committee house maval committee today deelded against bestowing any reward upon Commander Robert B. Peary until he had furnished further proofs that he discovered the North pole. “I confess that I am exceedingly skept- ical about Mr. Peary's ever having dis- covered the pole,” declared Mr. Macon to- and I am going to protect against any honor being conferred upon him by congress untll he has established beyond u reasonable doubt that he did discover it and it must be established in the open and not in the dark.” Mr. Macon sald he. wanted to direc attention to one discrepancy in Mr. Peary’s | story. This was the speed which the explorer declared he made from the time Captain Bartlett left him until he reached the pole. here today from New York foundling and orphan asylums, with an eager crowd of | claimants awaiting their arrival. In addi- | tion to those who had previously made | successful claim to a baby, many pressed | about the car in the hope that there might be some “left over,” but.those who had | applied In advance got every baby in the | car. TEMPERANCE FORCES JOIN Association to Boost Constitutio Prohibition in Yowa Formed at Des Molnes. DES MOINES, Ia., stitutional Prohibitory Amendment assocla. tion was organized in Des Moines today at | the state convention of the allied temper- | ance forces. Into this new assoclation fs merged all of the varlous temperance or- | ganizations of the state. The object s to secure constitutional provision. Plans for | electing a leglslature favorable to this | amendment were laid. | LOUIS JAMES’ BODY BURNED | Then | | 1 March 9.—The Con-| Ashes of Dead Actor Will Be Taken to Kansas City. KANSAS CITY, March 9.—The body of Louis James, the actor, arrived here today. | Funeral service will be held tomorrow af- fternoon at the residence of Mr. James' parents In this clty. Tomorrow night the body will be taken to St. Louls for cre- | mation and later the ashes will be brought | flange is thought to have been responsible. back to this city. | Hopo shines eternal in Lyudwig Ruthardt's breast. Not disconcerted, because Mrs. Kate Buster will not, atter all, marry him, “There are the women,”" says Ruthardt. “You see, yet, Il get me another to marry me." Pending negotlations to this effect, Mr. Ruthardt feels that he can use the §2 he prematurely pald out for a wedding Hoense and the money is now back In his wallet. Mr. Ruthardt, who halls from Lennox, Ia., first apperad in the office of the county Judge of the county of Douglas on the elghteenth of Fubruary of the current year, On this oceasion he made known io License Clerk Charles Furay that in spite of his 7 yoars he contemplated marrying again. The bride, he sald, was to be Mrs. Kate Buster, also of Lennox. The license was made out and paid for Hope Shines Eternal in the Breast of Ludwig Ruthardt Then Mr. Rathardt disappeared from the ken of the county judge's office, and it wi supposed that the wedding bells had rung out thelr wonted joyous refrain. But no. Widnesday Mr, Ruthardt appeared aga'n “You cancel him, please sald he to Furay. “She will not marry me But I get me another woman yet all right. The money it comes back to me?" Why Mrs. Buster has proved coy and untractable does not appear. She s &8 years of age and It may. be that she deems Ruthardt too old For several days after he secured the license Ruthardt walted, hoping that each westbound train would bear her here. Then when he had quit hoping agalnst conviction he went, it is sald, back to Lennox and argued with the bride-not-to- be. But n vain. |panion being his negro valet “The astonishing part of Mr. Poar: statement,” said Mr. Macon, “is the num- ber of miles he “traveled every day after Bartlett left him and when no white man’ was with him as witness, his only com- and four Eskimos. “‘His greatest marches, singularly, were all north of the Bartlett camp. From that time forward, going to the pole and return- ing to Cape ‘Columbla, he clalms to have made an awerage of 204 miles per day until he reached the pole, 44 miles per day on his way back from the pole to! Morgan Backing Monster Combine of Auto Concerns Capitalization of Consolidated Inter- ests Will Be Several Hundred Million Dollars. NEW YORK, $arch 0.—A consofidation’ of ‘certain largo aufomobile Intérests having a capitallzation of several hundred million doilars 1s belleved to be under way. J. P, Morgan & Co., who yesterday purchased the E. M. F. company of Detroit, will, it is understood, flnance the combination. The names of some of the manufacturers of motor cars and kindred companies are being mentioned in connection with the proposed consolidation. At the office of J. P. Morgan & Co. the following statement was issued today. “Pursuant to an arrangement with stock- | holders of the Studebaker Bros. Manufac- turing company, J. P. Morgan & Co. have | purchased substantially all of the stock of the Everitt-Metsger-Flanders company, De- troit, mot already held by stockholders of the Studebaker Bros. Manufacturing com- pany.” The sum of $4,800,000 is said to have been paid by the Morgan firm for the E. M. F. holdings. ALBANY, N. Y., March 9—The Stude- baker Vehicle Company of New York was incorporated today, with a capital of $8,600,- 000, to manufacture automobiles and other vehicles and supplles. Negro Attacks High School Girl Students Join in Hunt for Man Who Attempted to Assault Miss Downs (OWIN BACK, BUT IS SILEN Father of Mrs. “Jack” Cudahy Re- fuses to Discuss Cutting Affray. ‘WRITTEN STATEMENT DUE TODAY General Says He Will Apprise Omaha People of the Case Through Papers, but is Mum Upon Arrival, Gemeral John €. Cowin, father of Mrs, John P. Cudahy, returned from Kansas |City alone last night in time for dinner, Ibut it was not until breaktast was over that 'his family heard the story of the Cudany- Lillis trouble according to his version. General Cowin declined to discuss the affalr in any terms last night seeking so |tar as possible to relleve himself of the |strain of the past few days. Mrs. Cudahy |1s still in Kansas City, but may visit her parents here later. | “I am not goin to talk this matter over tonight, not even at home,” declared |General Cowin good naturedly. “I shall |see no one outside of the family tonight.” “Is Mrs, Cudahy to come to Omaha in the near future?’ he was asked. “I don't know," replied General Cowin, edging his way toward his big automobile, standing at the Burlington depot. “Tomorrow I shall issue a written state- ment to the papers about the case, but I shall say nothing tonight. 1 am very tired.” | The deor of the big car closed and Gen- eral Cowin rolled off down the viaduct |toward home. | He was met at the train by his son, Cap- [tatn Willlam C. Cowin of the Eighth Cav- |alry, who came to Omaha to remain here with his mother at the family home until the return of his father. Captain Cowan was waiting at the Burl- ington station for nearly a half hour before the train bearing his father arrived. He avolded the waiting room of the depot | | Bartlett's camp to Cape Columbla. at Kensas City, Kan, he greatest speed he had made before Bartlett left him was 9.06 miles per day, so Peary must have made nearly three times as great speed after Bartlett left him as he did before in order to reach the pole.” Mr. Macon quotes Lieutenant Shackle- ton, General Greeley and others to show that “10 to 12 miles per day or slightly more perhaps, Is considered the limit of human endurance, traveling over polar SUSPECT IN STANFIELD CASE Man Taken at Falls City Belleved to Have Attacked Woman in Hadar Case, NORFOLK, Neb, March 9.—(Special Telegram.)—A man suspected of being the assallant of Mrs. Stanfield in Norfolk a week ago was today arrested at Falls City, Neb. The sheriff there describes the sus pect as having a dark skin and a scrateh on his face. A reward of §100 was offered for the man. Out in California they say that every- body uses want ads at some time or other. It’s interesting. Have you ever tried one of The Bee's? On the coast, soclety people use about as many want ads as any- body else. If you haven’t tried one, just you try it today. Phone 238 and you will find a cheerful staff to serve you. KANSAS CITY, March 9.—Determined to avenge an attempled assault made upon Miss Cora Dowas, 17 years old, by an uni- dentified negro today in Kansas City, Kan., fifty high school students, classmates of the girl, joined a sheriff's posse in search for the fugitive tonight. Many of the students are armed. They declare they will deal summarily with the negro if he is caught. Miss Downs is a member of a prominent family. Her grandmother is Mrs. Cora M. Stockton, an old Kansas writer, who as- slsted Mrs. Potter Palmer in conducting the women's department at the Chicago | World's Falr in 1893, Mrs. Stockton Is seri- ously 11l at a hospital and it is feared the shock caused by hearing of her grand- tchild's experience may pr fatal to her. ! Miss Downs was returning trom school through a railroad cut she was attacked. She screamed, the negro away before he injured her. As he ran he dropped his overcoat, which may prove a clue to his ldentity. Downs zave the alarm and a band of citi- ens soon began searching for the negro. A negro was captured and brought before Miss Downs. She could not identify him, 50 he was released. Friteh Sentenced. DETROIT, March 9.—Dr. George A. Frite was today sentenced to serve from seven and one-half to fifteen vears in the state penitentiary for manslaughter in causiu the death of Maybeil Miliman | ve home when had serfously Dr. trightening | Miss | until the train from Kansas City was s:and- | ng in the sheds. On the platform he met his {whom he had not seen since the atfalr in Kansas City. “Why, hello, Will; you're looking well," exclaimed the father, grasping the son's| hand as they met half way to the entrance to the station. Lillis on Way to Recovery. KANSAS CITY, March 9.—Jere F. Lillis, president of the Western Exchange | bank, who was assauited Sunday morning by John P. Cudahy at the latter's residence, was reported this morning to be steadily | recovering. Attendants at St. Mary's hospital said, however, that {t was uncertain just when |Lults would be removed from the hos- pital to his home. Asked it his injurles would be of & permanent nature, they sald |1t would require some time to determine that, General John C. Cowin of Omaha, father of Mrs. Cudahy, left for Omaha today. The hospital physician stated today lhlll | there 1s now no fear of blood poisoning developing In the case of Lillls. A kitchen | knife used by Cudahy on the banker, was #aid to have been rusty and the fear of blood polsoning came from this fact. Lillls is unable to talk as his lips were | badly battered. Nurees at the hosp'tal says | ! he has not spoken since his arrival there. | I As the knife did not touch any vital part of Lillts' body he will probably be able to be out in & few days if blood polsoning does not set In. Mr. Cudahy remains at *he .Cmiltu’ house and refuses to talk. tather, tragic NEW YORK, March 9.—A cablegram has been received today by friends of Frank Gould, in which he says that his marriage with Miss Edith Kelly, the English dancer, | may be an event of the future. Mr. Gould's triends sent him congratulatory messages last night on the report that he had wedded the little chorus girl in Burope. | Mr. Gould is reported in his cablegram as saylng there will be no ceremony until permanent disposition of the two children by his former wife. Curiously enough the! F}ank_ Could to Wed Ano Chorus Girl Named Kelly| ther | malden name of the first Mrs. Gould was | Miss Helen Kelly. ‘While the divorce proceedings were on Frank Gould met Miss Edith Kelly, the dancer, here and his attentions to her were marked. Five months ago Gould and | | Miss Kelly departed for Europe. | Recently Bessie De Vole, an actress, brought suit against Frank Gould for | breach of promise and asked for $100,000. | 8he made public some love letters, which sho alleged were written by him. WEATHER FORECAST. For Nebraska-—Snow or rain. For lowa—Increasing cloudiness. For weather report see page 2. COPY ONE CENT. MABRAY RANKS SPLIT IN COURT Three Members of Gang Plead Guilty While Others Stoutly Protest Their Innoceice. ALL WILL FIGHT FOR LIBERTY |Seattle Trio Pins Faith on Merey of the Judge. MARSH DISCLAIMS COLLUSION Says He Would Hang Before Testify- ing Against Others, FAMOUS TRIAL BEGINS TODAY vernment and I)ef:u-e Have Called undred and Two Witnesses for the Council Blutts Case. Together One John C. Mabray and twelve co-defendant who appeared in United States-court a Council Bluffs yesterday will stand tris and fight for their liberty. Three—the Se attle members of the gang—Bert Shoret Winford Harris and Ole Marsh—decided t take thelr fate as sults the court ani pleaded gullty, after flrst assuming th same attitude of innocence as thelr tellows Mabray and other principals are almos aggressive In the stand that they hawvi taken and stand by their pleas of no gullty, The trial promises to be a batth of witnesses and many technicalities. When the defendants present in cour, were lined up for arralgnment beforc Jude( Smith B. McPherson, the Seattle trio aw swered up stoutl; “Not gullty,”” as theh names were called. They left the court room together, ani {two hours later returned to enter pleas of | “Guiity,” throwing themselves on the | mercy of the court. Marsh Will Not “Peach.” Marsh, according to report, and, in fact a general understanding, was to have been a witness for the prosecution. This he now | denles, declaring that he will on no con- dition take the witness stand against his | tetlows. | "I would hang before I would take the stand in that case, declared Marsh, “I came to my own conclusions in regard to this plea of gullty. The three of us talked it over for two hours after our ar- {ralgnment, and then decided to take our { medicine, whether it be fine, jall sentence jor penitentiary.” | “DId you not have fome sort of an agree- the prosecution in regard to that plea of gullty?’ he was aeked. “Absolutely none,” was the answer, “Why, 1 have not even talked to those | tellows for the government,” continued | Marsh, smiling. “1f 1 could have had a separate trial I would have fought It to the last ditch, but 4s it stands now I thought it hest to plead ity. I don't know. mh.yvmfl ave against the rext of teliows. They were to try us together.’ Trio Out Under Bonds, Marsh, who 18 better known as Joe Car- rol, together with Shores and Harrls, were arrested at Seattle last fall. They have since been out on bonds. The three prob- | ably will not be sentenced untll the com- pletion of the trial of their fellow-defend- ants, They will, however, remain in Coun- cil Bluffs until the completion of the case. The trial proper will begin before Judge Smith B. McPherson at 10 o'clock Thurs- day morning. The session will be imme- diately occupled with the impaneling of the jury. All preliminary matters concerning motlons having been decided. The court has prepared for & long fight. Night sessions ‘will be held. Judge McPherson will demand prompt- ness and punctuality on the part of all concerned in the oase. “If the defendants can’t get here on time 1 will have to take steps that will secure thelr presence here at all times” he de- clared, when several defendants were re- ported tardy. The government and the defense have called together 102 witnesses, most of whom are now in Councll Bluffs. Among the most important of the wit. { nesses for the prosecution will be four of the defendants who, despite their formal pleas of not gulity in court, are to turn | state’'s evidence and throw themselves on the mercy of the court. Thess men are Frank Scott, J. E. Coons and Brnest Fenby. The government's long list nesses includes scores of people coming from all scctlons of the country, many of them vililage postmasters and inspec- tors from other dlstricts. The story of J. & Swenson, postoffice inspector, Wwill by among the most important of the prosecu- tion's offerings in evidence. Among Those Presen Those of the “gang’ who appeared in person entering pleas of “not gullty,” were: Leon Losler, Battle Mountain, Nev, Ed Leach, Montrose, Ia. John R. Dobbins, Centerville, Ia. Robert Goddard, Fort Worth, Tex. Clarence Class, Chicago. ‘Clarence Forbes, Chicago. Harry Forbes, Troy, N. Y. Winford Harils, Spokane, Wash. John H. Beath, Jacksonville, Fla. George N, Marsh, Seattle, Wash, Edward K. Morris, Troy, N. Y, Dert It Shores, Seattle, Wash. Those who appeared by counsel entering pleas cf “not guilty’ and walving arraigne ment, were Millard Powell, Jacksonyllle, Fla. Frank Scott, Pender, Neb, T. 8, Robinson, Farmington, Ia. A number of other defendants are yet te appear. Among these J. M. Coon of Bhep- herd, Mich., and Louls W. Stone, Miles ty, Mont. Mabray a Good Listener, John C. Mabray, alleged leader and gen cral in all of the operations charged to th vast array of defendants, appeared in eourt as an interested listener. He himself had no part in the proceedings. He entered a plea of not guilty at his arralgnment in court on December 7, 1909, Mabray came from the jall at Councl Bluffs to the court room In the custody of W. W. Groneweg, deputy United Btates marshal. Mabray was resplendeat i a new wuit of sober gray, freshly shuven and the helght of good humor. His tle was of a frolicsome, happy tint. “You may say for me that I am lanocent, nelther a llar nor & thief, apd in good health,” said Mabray as he took his seat near the press table, Mabray then turned In his chalr' and surveyed the long row of defendants with an alr of Interest. There was & twinkle of a wmile as his oye whifted from une to another of the crowd. After the formal procecdings of the ar { ment with |