Omaha Daily Bee Newspaper, March 11, 1910, Page 1

THE OMAHA BEE goes to the homes-—Is read by the women-selis goods for advertisers. THE OMAHA DAILY BEE. WEATHER FOREOCAST, For Nebraska— Fair. For lowa--Fair For weather report see page ——————————————————————— VOL. XXXIX—NO. 228, OMAHA, FRIDAY MORNING, MARCH 11, 19 10—-TWELVE PAGES. AFFIDAVITIN | (AL CASE FALSE Garfield Says Sworn Statement Made by Cunningham Was Presented | to Him by Ballinger. “ | REFERS Tu THE GUGGENHEIMS Masouredis Prefers Lafe to New Trial Greek Who Killed Officer Lowery Loath to Leave the State Prison. John Masouredis, convicted of the murder (CHICAGO CORNER IN PORK SUPPLY? South Omaha Men Think Market is Being Handled by Windy City Bulls, | FIFTEEN-DOLLAR HOGS IN SIGHT It Says Copper Men Had No Interest of Patrolman John Lowery of South Omaha | Present Price Likely to Go Much in Cunningham Claims, i BOND ISSUE NOT NECESSAR {-:-, Former Secretary Defends His Irri- gation Certificate Scheme. TAFT WAS Intimates Secretnry Ballinger Might De i sident as to His THINKS MISLED | Mesponaible tion of P for formma- Reclamation Plan. March 10.—James R.! Garfield, former secretary of the interior, | was finally excused from the witness wtand at the Ballinger-Pinchot investiga- tion late this afternoon. His final half- hour before the committee furnished the rensation of what had been up to that | Ume a dectdedly dull day. | Mr, Garfield stated that Mr. Ballinger, | ufter having been commissioner of the land office, submitted to him on Septem- ber 17, 1908, an affidavit signed by Clar- | ence Cunningham and containing the | statement that the Guggenheims had no interest whatever in the Cunningham group of coal claims in Alaska, while as a matter of fact the record of a recent hear- | ing before the senate committee on terri- torfes shows that prior to the making of the affidayit the Guggenheim syndicate | had been glven an option of a half inter- | est in all the Cunningham claims. | Attorney Brandels, who was questioning | Mr. Garfield, followed up this declaration by reading from Secretary Ballinger's re- port to President Taft on September 4 | Inst, comcerning the Glavis charges, the | statement that Mr. Ballinger had sug- gested to Mr. Cunningham to an affidavit made prior to the one | which ho presented to Secretary Garfleld | in September, 1908, and that Mr. Cunning- | ham made the amendment by explaining in degall what he meant by certain terms | used In his former affidavit. | Mr. Garfleld said Mr. Ballinger (n giv- ing him the affidavit left the impression that his motion was entirely casual and that he had been reguested by friends in | Seattle to leave it on file for whatever | it might be worth. Mr Brandeis then called attention to the fact that the name | of Mr. Ballinger's law firm was prined on | the backing of the affidavit. | The former secretary of the interlor| wae examined and cross-examined as to| his administration of the oftice which he | gave up to Mr. Ballinger on March,5, 1909. Mr. Garfleld, In explaining what he did | in the matter of the withdrawal of lands without - speciffe nmvlnlon}:f‘ :-w. t“;‘ aced he, worki n the interest of | ::m xm‘»? o -'.:v:'aE 'N";fa‘};lh monopolistic control of power sites and consequent ex- tortionate prices to the consumer. ‘When he had concluded his testimony | Mr. Garfield ‘took @ seat beside Gifford Pinchot, and with @rms about each other's shoulders they sat for some time in smil- ing discussion of the day's events. A. P. Davis, chief engineer of the recla- mation service, followed Mr. Garfield on | the stand. Mr. Davis sald he preferred | not to testify unless directed to do 80 by | the committee. Chalrman Nelson gave the Mrection and Mr. Davis had just fairly stated his testimony when adjournment was taken until tomorrow morning. Bond Issue Unmnecessary. The testimony of Mr. Garfield was en- livened by the declaration of the witness | that he did not belleve the $30,000,000 bond | isaup recommended hy President Taft to CONgEToss WAS necessary for the proper for- | warding of frrigation work In the west. | Mr. Garfield said thw in defense of the co-opergtive agreements he entered into with water users' dssociations and of the reclamation certificates he ixsued In evi- dence of work performed and which have come to be known as “Gartleld currency.” Mr, Gartield claimed that it was evident Attorney General Wickersham and Presi- dent Taft dld not have the proper facts before them woen tney reached opinions 2\~-r e to the legality of the reclamation iertiticates. The witness immediately implied that Mr. Ballinger might have been responsible in | this cennection, but he did not make an out- | right statement to that effect. ‘The former secretiry toolk issue with Mr. Ballinger as to certain statements made by the latter in hig reply to President Taft regarding | the varlous charges made against him. | MryOarfleld sald he could not recall any | conference wth Mr. Ballinger regarding | the Cunningham coal claims, although Mr Ballinger #ald he had immediately con- WASHINGTON, | while had nd sentenced to hang June 10, would | rather serve a life term In the penitentiary | ) take his chances in another trial lyway the Greck rebelled st leaving the penitentiary at Lincoln % pxpressed his desire remain In z to z uredis was convicted of first degree %, and sentenced on September 11 die on the scaffold. Lately the court granted the prisoner & new Ahe basis that there were errors nission of testimony at the trial. 1 was convicted In district court “ige Sutton. Since convicted the Greek has been doing manual labor in the prison workhouse. Prison life has evidently agreed with him for ho has increased considerably In welght. Officer Lowery was shot down In the street by Masouredis in the presence of Lillle Breese American girl, and h little brother. The trio was under arrest at the time. nI a pistol fight that took place the Greek received a flesh the policeman dying shortly after the shooting from a mortal wound in the ab- domen. Masouredis was captured later, hiding under the bed of his room. A mob, mean- formed and talk of lynching s c 2 b 8352 e L 4 in S an was rife, It was brought out in the trial that Masouredis had been in the girl's room to receiv writing the English language. Portal to Fortune Opens to Knox, Jr. Disinherited Son of Secrctary Job as Reporter, PLATTSBURG, N. Y., March 10.—An op- out a fortune and future for himself and his bride was tendered to him today when a Plattsburg evening newspaper wired him an offer of a position as a reporter. Young Mr. Knox, who eloped with Miss May Boler of Providence, R. I, and married her in Vermont, was quoted yesterday as saying his father had warned him he would have to shift for himself. PROVIDENCE, R. I, March 10.—Phil- ander C. Knox, | id today that he had been offered so many postions that he was bowlldered. Telegrams are coming in from all parts of the country containing offers of positions i mechanical lines. - He ‘sald: I have more friends than I thought. T have twenty-five offers of positions now and more are coming, 1 am considering an offer In this city very serfously. It Is along mechanical lines and I think I may accept, at least for awhile,” Young Knox will begin next Monday sell- Ing automobiles. “I think I am sulted to the business,” he sald, “and will show my father the stuff I am made of and perhaps | I will own a factory myself some day.” Mexican States Fight Corn Trust Effort to Relieve Poor Op- pressed by Corner. GUADALAJARA, Mex., March 10.—War on the so-called Haclendos Corn trust is now being waged by the Guanajauto and Jallsco state governments, which have ordered 1300 bushels of American corn shipped at once from the Pacitic port of Manzanillo. This corn will be sold to the poor at cost by the state governments. In an effort to secure a higher price for the Mexlcan product the commission men and others have secured a practical corner on the market, which the government is now trying to break. TAFT TO VISIT NEW YORK President Will Make Two More Ad- dresses in Metropolis on March 22, NEW YORK, March 10.—President Taft will make his third visit In five weeks to thig city on March 22, when he will come to make two addresses. terred with Mr. Gurfleld afier the receipt of Glavis' protest against the clear listing of the Alaskn claims. | Mr. Garfleld admitted that in urging gen- | eral legislation by congress early in 1s08, | he had made the statement that he willing to condone fraudulent entries in | Alaska provided the entrymen were com- | pelled to pay an increased price for the land to the government. Garfleld ou Alaska BIIL Former Secretary Garfield, resuming his testimony, made an explanation of the Alaska coal bllls that were introduced In congress during his administration of the Interlor department. At the hearings on these bills Mr. Garfleld sald he and Mr. Ballinger, Who was then commissioner of the jand office, differed on the question as t0 whether proposed future classifica- tion of coal lands in Alaska and an in- crease of price over $10 an acre should #pply to locations already made and or- dered, The witness sald Mr. Balllnger thought lands already entered should be allowed patent at the $10 an acre rate provided by the old law. This would have aliowed the Ounninghem claims to be paid for at that price. Questioned by Senator Sutherland, M Garfield sald he believed himself that as to locations “made In good f. trymén should pric en- L 1o the 0 AJm” wnd “Diek” Lette aGrtield then an exchang beem hlnselt and Mr. Ballinger, after thé™jatter had left the land office In April, 1563, and while, the coal bills were still pending. Mr, Ballinger addrescod Mr. Garfield as “My Dear Jim” and the iatter replied “My Licar Diel My, Ballinger's lettw videatly,] o —— | (Continued o8 Second Page. of lettors The first will be before the American Peaco and Arbitration league on ‘“Naval Armament in Its Relation to the Preserva- tion of Peace.” The second address will be at the banquet of the New York Re- Va5 publican County club. Other speakers at | the poMtical banquet will be Senator Depew, Representatives Parsons and Ben nett and Collector of the Port Loeb. On May 9 President Taft will be at Pat- erson, N. J., where he s to mak: a speech. wound, | instruction in talking, reading and | ,| butlding Local Governments Import Grain in| | Higher Yet. strongly |ONE PACKER IS BEING SQUEEZED | |Man Who Thought Seven Dollars J High is Caught. iNEW RECORD ON OMAHA MARKET i'l‘rn-l’nrty-l'lvr Pald for One Load Thursday and Supply is Short | at All of the Big Markets. Fifteen dollar hogs! That's the prediction made by a South {Omaha man, who is In close touch with the | market. He says it will not surprise him | 1f hogs go to $15 per 100 pounds “before the | bubble bursts.” Ot course, it Is a bubble right now,” he | argues ““for even $10 is an unnatural price | for hogs and it 1s not warranted by natural | condittons. 8o 1onk as the price was going | up a nickel or a dime at a time, it scemed | like an outcome of the scarcity, but when |1t begins to jump by quarters, ‘then the |only rational conclusion fs that there's | something back of it all more potent than | Just supply and demand. “Who do I think it s? | body not far away from the Board of Trade in Chicago. The South Omaha | boys have had this In mind for several |daye, and are keeping as close to shore {as possible. It is the general bellef here- | abouts that one of the big packing firms, | whose name has been much In the papers of late, is getting beautifully squeezed in a pork deal. The head of this firm thousght an amendment | Plattsburg, N. Y., Newspaper Offers when hogs touched § it was too high, | and sald he was willing to sell provisions |on that basis. When the $8 mark was | reached, he was still of that opinion. Now it Is up to $10 and fs going up by wild jumps. He Is sald to have sold a lot of | portunity for Philander C. Knox, jr., son | Provisions on the §7 and § basls, and just [of the secretary of state to begin carving how he s golng to get out is now keeping him up at nights. Little Being Salted. “Not a great deal of this $10 pork is going into the cellars. The supply of hogs on the market s scarcely more than what is required for the fresh meat trade, so that the actual stock of provisions is not being extended by the costly pork. But a lot of stuff packed months ago Is coming out now at the fancy figure. How long it will keep up can’t be told; but the short supply of hogs 18 favorable to the corner that is ap- parently in full swing, and its no. wild Buess to say that somebody's going to get an awful bump when the blow does fall. Tt will be worse than the lard deal one of the packers tried to pull off some years ago. His firm still has some of that lard for sale. Hogs sold in South Omaha yesterday for 110.45, the highest price ever paid at the lo- cal yards. On other markets the upturn was still noticeable, Cheap Stuff on Market. Another feature of the situation Is that animals that ‘a year ago would not be looked at by the packers are being sold now at fairly good prices. For example, sheep that would'nt have been touched last seas- on, being worth less than a dollar a hun- dred, are now going at $ and $4.50, and cows that were being turned over to dalry- men are belng taken on by the packers at prices around 3 to $5.50. | Recelpts continue light at all big markets. The reports for the first week In March show a shortage of $215,000 head as com- pared with the same time last year. FIVE RECORDS ARE BROKEN ON LOCAL STOCK MARKET Hogs Lead Off at South Omaha with $10.45 Per Hundred Pounds. Five records were broken on the South Omaha live stock market Thursday, when Clay Robinson & Co. pald the highest prices in the history of the market for hogs and sheep. Sixty head of hogs were bought from C. A. Swedeborg, a farmer from Hampton, that averaged 331 pounds and brought $1045. They also bought 496 head of Mex- fecan lambs that averaged seventy-six pounds and brought $9.45, 211 ewes that §7.70, 176 western wethers that averaged ninety-four pounds and brought $7.95 and fifty-one yearlings pounds and brought $8.75. CHICAGO, March 10.—The price of live advance today carrylng the figures up to $109 per 100 welght. In 188 the price soared to §13.%5, which is the highest point ever touched in the history of the market, KANSAS CITY, March 10.—Live hogs | here today sold at $10.5 per 100, a jump of |50 cents above yesterday's close. INDIANAPOLIS, March 10.—Live hogs | s0ld here today at $11.10 a hundred weight. Passenger Takes Motorman’s Place and Prevents Accident H. A. Broberg, general manager of the rter White Lead works, Is a real hero. Sixty passengers on an East Omaha street car were at least saved from serious injury, If not from death, when Mr. Bro- berg rushed to the assistance of the mo- torman who had lost control of the car and stopped It as it was about to be run down by a switch engine at Thirteenth and Locust streets. As it was the rupaway was stopped just at the tracks and the locomotive, rushing by, clipped off the fender of the car, but 414 not damage it otherwise, Passengers were terrified and there was a mad scram- ble for the exits. After bringing the car to a stop and thus preventing one serlous mocident, Mr. Broberg turned on the current and ran the car safely over the network of tracks, and in this way removed It from further danger of being cought by a traln, then cowing from an opposite direction, The East Omaha car was coming down the hill at a falr rate of speed about 7 o'clock In the morning. H. J. Klok, said to be & new and Inexperienced man, held | the controlier. Half way down the hill it was evident that the car was gaining | speed and Mr. Broberg, comprehending the | situation, rushed to the front platform. In the meantime the motorman jumped when he saw the switch engine bearing down the track. With a simple twist the hero-passenger reversed the current and applied the brakes. The car was brought to a stand- still just at the edge of the tracks. The engineer on the ewitch engine also showed presence of mind by opening the throttle |and putting on speed, for in this way he calculated on clearing the crossing ahead |of the street car. “It was all very simple," sald Mr. Bro- | berg, after the evént. “The motorman lost his head and I simply took his place and did the natural thing.' Well, it's some- | averaged ninety-five pounds and brought | that averaged “elghty | hogs at the stock yards here is rapidly ap- | proaching the civil war times level, a fresh | | From the Minneapolls Journal. INGLE COPY TWO HURRAK FOR POSTAL SAVINGS LEGISLATIORN & The Democratic Party and Postal Savings. RETAILERS SELECT OMAHA | State Federation Votes to Meet Again in This City. |RE-ELECT FRED DIERS PRESIDENT |Profuse in Thelr Expressions of A preciation at What Has Heen Done for Their Comfort ang Fleasirs, Fred Diers, Madisan, president. Henry Bolton, Schuyler, vice president. W. H, Avery, Tilden, secretarsy. M. A. Hostetler, Shelton, treasurer. Executive Committee— 8. F. Langhorst, Elmwood. H. Finch, Kearney. ed Deweber, Arlington. | ' John Gallogly, Atkinson. Sugene Battan, Hastings. These men. were elected officers of the Federation of Nebraska Retailers, and Omaha was selected as the next place of meeting at the closing session yesterday. Fred Diers was re-elected president of the organization, although he announced that he did not wish to serve for another year because of his personal affalrs. But he bowed to the wish of the convention, as he sald he realized the work would be much lighter this year because R. D. Me- Fadden, fleld secretary, would be able to relleve him of a large share of it. Not a vote was cast against Omaha as the next meeting place of the convention. Invitations were read from the Commercial clubs of Hastings, Lincoln and Omaha. | The applause which greeted the reading |of the Omaha invitation showed clearly | the way the wind blew, and a motion was { at once put and carried without a dissent- ing volce to hold the convention in Omaha next year. Task of Giving Thanks. The resolution committee reported that it { was overyhelmed with the task of drawing a resolution which would sufficiently thank | Omaha and the Commercial club for the | magnificent manner in which they enter- | talned the delegates and asked the con- | This was vention to express its thanks. | done and the committee was asked to draw | up a suitable resolution. | Omaha was given credit for the large atténdance at the convention. It was stated | that the advertising given the convention | by the publicity department of the Com- merclal club was largely. responsible for the large registration of delegates. The books showed a registration of nearly 300. S. L. Malns, deputy state food commi | sloner, responded to an invitation to a | dress the convention and he told of work dane by his department to see that {the laws of Nebraska were upheld. He asked the co-operation of all the mers chants in the enforcement of these laws. Ho sald Nebraska was too great a dairy state to talk about laws for the promotion of the use of oleo and told of the efforts which were being made to increase the size of puckage goods. The convention adopted a resolution con- cemning the proposed parcels post meas- ure as being against the interests of the retallers. The following were among the resolutions adopted by the association: ‘That we, as merchants, more time and study to é;ulllll!l locally, lalso in state and nation, and give our loyal support to those who will best represent our interests, and as far as possible to have a good representation of merchants in ses- slons of the legislature. Whereas, One of the graetset needs of (Continued on Second Page.) should devote The Bee has made Easter shopping easy. It is printing daily on its want ad pages in the For Easter Column, the announcement of dealers who have made a specialty of Easter finery. Have you read the want ad pages today? Curse of Church Cuts Property Values in Two Decree of Excommunication Against Buyer of Expropriated Lands Costs Millions to State. PARIS;, Mareh 10.—No further arrests had been made today in connection with the scandal developed in the discovery of a shortage of something like $2,000,000 in the accounts of M. Dues, one of the liquidators of the church properties taken over by the state. The severe criticism of the judicial authorities for the lax control exerclsed over the liquidators, continues, however, and the prosecuting attorney's office especlally |is being attacked sharply. The most fantastic details of the meth- ods employed by Duez aro published. Ac- cording to these he obtalned a commission of $39,00 on the sale of the Stanislas col- lege property and gave a long lease of an- other property for $2,00 which lease was immediately sublet for $8,000. The Journal glves some Interesting fig- ures regarding the deterioration of the property of non-authorized congregations and teaching orders which former Premier Waldeck-Rousseau originally estimated would realize $200,0,00 for the estate. After inventorles had been made the esti- mated figures were reduced to 100,000,000 and subsequently to $0,000,00 when the church issued a decree of excommunieation against the purchasers. As a matter of fact, the Bross receipts thus far from this property amount to only $19,000,000, of which sum $13,200,00 has been expended in the ad- judlcation of claims against the property and in other costs, including attorney fees, expenditures and commissions to the liqui- -’Land Void of Power Sites Large Part of Withdrawals Made by Garfield Along Grand River Are Restored. WASHINGTON, March 10.—-A large part of the lands withdrawn by former Secre- tary of the Interior Garfield along the rand river in Colorado and Utah on the ground that they contained power possi- bifitles will be restored to entry by Bec- retary Ballinger, an examination having shown that only 12,392 acres are service- able for that purpose TARIFF EXPERT IS DEAD Charles H. Evans, Who Assisted in Making All Bills for Twenty- Five Years, Passes Away. WASHINGTON, March 10.—Charles H. Bvans, an employe of the Treasury depart- ment who assisted the congressional com- mittees in the preparation of the varlous tariff bills from 1572 till 157, died at his home here yesterday aged seventy-eight years, Because of his familiarity with tariff statistics he became known among his assoclates as “Old Ad Valorem." | moment later was struck with a brick. POLICE PREVENT MEETING Gates of Base Ball Park in Phila- delphia Are Closed. CROWD GATHEPS IN STREET Pratt Demnnds Admission and Files Protest with Officers—=Several Street Cars Attacked, but Police Scatter Crowd, ms SN PHILADELPHIA, March 10—A crowd estimated at 10,000 persons went to the na-~ tlonal eague baseball club park this after- | noon, despite the announcement of the au- thoritles that a mass meeting called by the general strike committee would not be per- mitted. There was no disorder of conse- quence near the park, the gates of which were kept closed. At one o'clock the crowd filled Broad street for six blocks north from Columbla C. O. Pratt, the leader of th» striking car men and the car mens counsel got as far as the ball park gates in thelr automoblle and formally demanded admit- tance. When. this was refused they entered a protest with the police tnd started back toward the ity hall. The crowds followed them at Fifteenth and Norris streets a band of men attacked a car, breaking all the windows. street and Columbla avenue another car was assaulted with missiles. The po:l man on the car drew his revolver and a He was sent to a hospital. Newspaper Men Arrested. Five newspaper reporters who came down Broad street in an automobile ahead of the crowd were placed under arrest. The authorities at the city hall were kept Informed of events at the ball park and when the crowd started away from there all the reserves in the building were massed in the city hall courtyard to await events, and other steps were taken to prevent a march Into the hall. When the leaders of the crowd reached Ridge avenue, a mile from the city hall, they found a line of policemen stretched | The police | across the wide thoroughfare. soon controlled the situation. The five reporters were charged with in- citing to riot. After a hearing they were each held in, $1,000 bail. More Figures by Committee. The cemmittes of ten of the Central Labor Union which is conducting the gen- eral strike has given out figures to support | its olaim that between 125000 and 150,000 persons are idle. It announced that the total number of men, women and boys and | girls on strike up to last night was 139,671, The committee gave out the following ap- proximate figures: Bullding trades, 40,000; metal trades, 20, 000; textile trades, 30,000; garment workers, men's wear, 10,000; 9,000. Miscellanecus trades: Asbestos workers, 105; cloth hat and cap workers, 210; oiga makers, 2,500; shirtwaist and laundry work- ers, 1,000; plano movers, 151; bakers and confectioners, 34i; pavers and rammers, 465 suspender makers, 211; electrical worker: %5; walters, 410; upholsterers, 142; street hackmen, 110; chsuffeurs, 150; street car men, 6,200; hatters, 274. According to the labor committee the garment workers, wo- (Continued on Second Page.) PITTSBURG, March destroyed the bolt and nut manufacturing plant of M. Lanse & Son. fn Carson street, south side, collapsed today burying twenty workmen, killing two and probably fatally injuring ten. None of the twenty men escaped Injury. Thirteen were foreign- ers. Five workmen caught on a scatfolding on the third floor, temporary Jumped to 10.—A fifty foot safety. brick wall left standing in the ruins of the | brulsed from a perilous position astride a fire which early Tuesday morning partly |swaying wall. J | Rescued Man’s First Request ~is for a Chew of Tobacco Two others were rescued badly Injured and dylng men were dragged om under plles of brick and mortar. An hour after the accident, two work- men were found allv but crushed in & crevice between timbers and brick pile Directing the efforts of the rescue party, one of the buried men asked for a chew of tobacco, which was handed to him be- tween a crack In the plled up timbers. fry At Broad | MABRAY MIKES TELL OF DEALS Testimony Oivcn—‘b;' Members and Victims of “Big Store" Gang at Council Bluffs Trial. THREE “WRESTLERS" ON STAND ‘Tcll of Turning $10,000 Trick One Day at New Orleans. | | LETTER PLAYS IMPORTANT ROLE | %Trsnsminion Through Mail Part of Technical Charge. |MANY WITNESSES YET AVAILABLE | Prosecution Has 124 More Who Cam Be Used in Cases Agalust Mabray and His Eighteen Fellow Defendants, victims began Mabray before the trial of {John and elghteen fellow-de- fendants a jury of farmers and jtradesmen in United States court at Coun- | el Bluffs vesterday. The prosecution has ‘wnw-m'd fire with the stories told, by work- |Ing members of the gang who have been | sated (o the Immunity bath. One hundred {and twenty-seven witnesses for the govern- ment are avallable in court, including a vast array of “mikes,”” and “mikers” who {have turned state’s evidence. | Mabray has burned his bridges behind ]hl"l and thrown down the gauntlet for a battle In hls refusal to accept a proposi- | tion for a plea of guilty. On the condition that he should enter a plea of gulity in { federal court and give testimony before the | grana jjury of Pottawattamle county with |reference to men under susplcion, but yet | not indicted, the ten indletments against him in the state court at Councll Bluffs were to bo dismissed. Mabray Stands Pat, “You can hang me first before I will turn |on those fellows,” Mabray is quoted as having answered the proposition made by | W. H. Byer attorney general of lowa. | Thomas Gay of Streator, IiL; Ernest | Fenby of Shepherd, Mich., and James K. Coons of Oswassa, Mich., wrestlers who | worked for the gang, were the prineipal | witnesses of the day. C. A. Neleon, & | tarmer from Alma, Mich., who was vie- | timizea for $2,00 on the typical Council Bluffs horse race in the fall of 1908, also {told his story. Gay, Fenby and Coons, while under indictment, are not to be pro ecuted In federal court, according to the understanding reached, Fenby and Coons have not been arrcsted and came to Coun- efl Bluffs on subpoenas. Through the testimony of Fenby, the prosecution scored a point in connecting Mabray with a part of the anonymous cor- | respondence of the gang. The names of the jury which Is hearing the case are: Elght Farmiers. on Jory. T. B. Koolbeck, harness maker, Harlan, ! arles Graukow, retired farmer, Persia, | 4. P. Hol ander, raftéd farm.r, Schle wiz. | D. H. koberts, printer, Manla. Frank A. Foote, retired farmer, Logan. W. L. Paup, retired farmer, Harlan. imes Stier, retired grocer, Atlantic. . Penrod, feweler, Logan. orrls, farmer, Logan, Boems, farmer, Harlan. McCord, farmer, Harlan, | . P. Mundt, farmer, Manning. | The jury was completed at 12:20 o'clock after three hours of fast work, The exam- Iination of the talesmen was brief and in | marked contrast to the procedure that ob- tained in the impanelling of the jury which | tried John R. Dobbins in the state court, | the first trial of a member of the gang. | Farmers constitute a majority of the jury, ! while the remainder are tradesmen. Most | of the members of the panel are men past | middle age. When court opened three more defend- |ants appeared and were arréigned and | pleaded not guilty, They were Bd McCoy |of Sait Lake City, Fred 8. Mull, Solon |Springs, Wis., and George R. Morrison, Superfor, Wis. This brings the total num- ber of defendants up to elghteen, Thomas Gay came all the way from Chi« (cago to be arralyned, bfit when he at- | tempted to plead gullty, he was ‘“‘shoved" back in a chair by Colonel Marcus Templs, Mike Wagner of Denison and C. H. |Sampson of Auduboh, talesmen, told the court that they had been approfiched by {a man who told them he was & “mike" and attempted to get them to talk about the case. The talesmen dld not know what the man's name s, but both assired the court that they wolld know ‘him if they saw him again John R. Dobbins and Ben Marks were granted continuances until next term ‘of court. They are both out on ball. Jury Given Warning. In his charge to the jury Judge McPher- son urged them to the greatest caution in positive terms, “The town is full of detectives and sples on both sides,” declared the judke, ‘Make no mistakes. “It seems to me that there Is & bevy of men about here who are attempting to {peddie out what they call facts, You will try this case on what you hear from the | Witness stand.” The opening statements were made by Marcellus L. Temple, district attorney, for the prosecution, and Emmett Tinley, Ma~ bray's lawyer, for the defense, Colonel Temple gave a generalized state- ment of the methods of the Mabray gang and defined to the jurymerditheir duty in the case on trial as only to ‘4- whether {or not the defendants were guilty of hav. |ing used the malls in the perpetration of traud. The crimes involved In these frauds | themselves, he emphasized, weer to be puns ished by the state courts having juris- dletion. Mr. Tinley made much of the technical phase of the case in relation to the question of the use of the malls and followed this lead painstakingly in thé examination of witnesses. Thomas Gay wab called to the stand early n the afternoon at the completion of the opening statements to tell his story, that of the Mabray gang’s operations by & man on the inside. Gay, a wrestler, 18 youthful In appearance for his 33 years, His testi- mony was declsive and frank, delivered with the alr of a man who knew just what he was into and who was willing to un- basom it all. “Are you gequalnted with John C. bray?" asked Colonel Temple. replied Gay, as he turned & bit in { his chalr to look at the principal defendant | sitting surrounded by attorneys at the de- fense's side of the table, “Taking Part as Millionaires” “Where did you meet him? “At New Orleans, when I went dowa