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NEWS SECTION PAGES 1 TO 10. THE OMAHA DAILY BEE. VOL. XXXIX-—NO. 229. ORDERS ISSUED BY BALLINGER Engineer Davis Testifies that Secre- tary Personally Directed Restora- tion of Power Sites. DIRECTION WAS MANDATORY Action Was Not Taken at Request of Reclamation Service, CRITICISMS FROM BALLINGER | | Superior Took Many Excep- | tions to Bureaun's Work. Witne: LISTS T0 BE PREPARED SLOWLY | Reclamation Official Says Secretary Not Want Pablic Attention Attracted to Orderm—Per- Jury in Affidavit. WABHINGTON, March 1L—Arthur P.| David, chief engineer of the reclamation serviee, testiffed before the Balliager-Pin- chot investigating committes today that in | prepating lists of lands to be restored to| the public domaln by Secretary Ballinger he felt he was acting under mandatory or- ders from the wecretary. These lands had been withdrawn, thel witness said, by formar Secretary Garfleld | for conservation of water power sites. Mr. | Ballinger, according to Mr. Davls, repeal- edly gave verbal orders that the lands so withdtawn should be prepared for restora- tion and that their withdrawal had been in direct violation of law and eould not be sustaihed. No written orders, however, were ever lssued. Mr, Davis Is before the committee on a summons issued by . counsel for Gitford Pinehot. The “prosecution” claims that President Taft's letter of September 13 last exonerat- ing Mr. Ballinger from the Glavis charges showed that Mr. Taft got the impression trom Mr. Ballinger that he nad made these restorations only upon recommendations of the réclamation service. The chief engineer of the reclamation service also declared today that Mr. Bal- linger had directed that the lists of land to o restored should be prepared slowly so as not to atirpet public attention. Just before adjournment of the commit- tes yesterday the members engaged in a discussion as to whether or not the stat- utes regarding perjury would cover the ex pafte affidavit ot Clarence Cunningham, which included the statement by him on May 6, 1908, reiterated on September 4, 1908, the the Guggenheim syndicate had no in- terest’ direct or indirect in the Cunning- ham group of ‘coal land claims jn Alaska. A hearing before the senate committee on territories recently developéd the fact that an option by the Guggenheims on one-half the Curningham claims was accepted by the clatmants December 7, 1%07. When today's session began Attorney ! Brandels caid he desired to call the com- mittee's attention to the revised statutes regarding perjury and subornation of per- Jury, which -he thought covered the oasa. The Cunningham affidavit of September 4, 1908, was left with, Secretary Garfield by Mr. Ballinger. Chiet Engineer Davis this morning con- tinued his detailed statement as to oper- Mons of the reclamation service under the | firection of Mr. Garfield, He went over most of the wholesale with- arawals of power site lands by Mr. Gar- fleld. He declared there was no subterfuge at any time. i The policy of withdrawals, Mr. Davis stated, was not initfated by the reclamation service, but was ordered by Secretary Gar- tield. When the technical features of his testl- mony had been exhausted Mr. Davis was asked to tell of an interview he had with Secretary Ballinger in this city the even- ing of March 1, 1900 - - - - s £ ““The secretary telephoned me to come to his hotel,” sald the witness. “We talked together for two hours, disoussing prin- cipally the power site withdrawals. He critielsed the past conduct of the reolama- tion servioe and sald that the withdrawal of the large areas was illegal. He also sald that there were many settlers on lands in the west who had been promised water and had néthing but the promises to live on. Ho criticised our system of ‘force accounts’ or {he direct employment of labor and sald wo ought to have everything done by con- tract. ¢ “He critlcised our publicity bureau. I t0ld him it was for the purpose of dissem- inating information as to various projects, that it saved the tima of officers and pre- vented inaccuracy in newspaper accounts. \@o criticised what he termed our oppres- slon of econtradtors and said he had heard much complaint on that score. I told him I was entirely responsible for any oppres- sion, but that I had always tried to do do justice to them. . 1 defended all the things he criticised to | the best of my ability. Mr. Ballinger did not show any great familiarity with the work of the service. He seemed interested in all I said, and when I was through he declared that matters looked better to him. Ho sald he wanted me to help him get scquainted with the work and I promised to do so." No Comnfidence in Newell. “DI4 you xnow he had previously gone over thess matters with your superior, Director Newell?" asked Attorney Pepper. Ballinger make any referenc: to Mr. Newell?" “He expressed a lack of eonfidence in him. T had also seen newspaper clippings which sald Secretary Ballinger intended to reorganize the reclamation service and to eliminate Mr. Newell." “What impression did Mr. Ballinger's comment on the power site withdrawals leave with, you?" e spoke though a great crime had been committed by these withdrawals. I sald T did not think s was eo serlous; that the lands could be readily restored and that no great harm could be dome. He asked me specifically If I could segregate the withdrawals made for conservation of power from the others. I sald I could. He told me to g0 ahead, but that he did not care to have It done suddenly. I got the tmpression that he wanted it done slowly, | of over $30,000,000, | Telephone TrL;st to Make Capital Half a Billion Company Announces No Reason for Increase of $200,000,000 in Btock—Expansion Rumored. NEW YORK, March 11.—A recommenda- tion that the capital stock of the American Telephone and Telegraph company—the so- called telephone trust—be Increased to $500,000,000 is contained in the company's an- nual réport made today, but other than to say that the company desired to be ‘‘fore- handed” no reason Is given for the re- quested Increase of $200,000,000. Wall street Dellaves the company purposes still greater expansion, though the report states “that none of this increase will be needed during the current year for ordinary capital ex- penditures.” The report shows that the number of tel- ephone stations in the Bell system was in- creased to more than 05,000,000, Including 1,300,000 operated by connecting companies. The wire mileage ls shown to be moré than 10,000,000, while the traffic has Increased to nearly 2,000,000 connections & day or about ,600,000,000 connections a year. The company has a net revenue for 1909 while the Bell system earned gross $149,014,700, an increase of $i1,- 790,400 over last year. Net earnings for the Bell eystem wero $43,37,600, out of which 23,010,000 were pald in dividends, $10,221,400 paid in interest and $14,23,600 placed in the surplus. Out of the gross earnings nearly $45,000,00 was charged to deprecia- tion and maintenance. No new phase of the taking over of the Western Union Tel- egraph company by the telephone company were developed In the report. 'Big Jumbo Dam Near Julesburg is Washed Out Two Miles of Union Pacific Track Are Gone and Limited Train Has Narrow Escape. JULESBURG, Colo, March 11.—The Big Jumbo reservoir dam, belonging to the Julesburg Irrigation district, went out sud- denly this morning, washed out two miles of Union Pacific tracks and did about $150,000 damages. A Unlon Pacific limited train enroute from Chicago to Denver stopped close to the waters, the engineer seeing the flood spread out for miles before him. So far as known no lives were lost. One report has It that only: the block signal, which was recently established; saved the limited from plunging Into the river. Officlals of the irrigation district have been unable to discover the cause of the accident. The Union Pacific 4s detouring tralng over the Burlington via Bterling, nd a short delay will be the only incon- venience pending the repalring of the tracks. Progressives Name Ticket in Dakota Full List of Candidates Put Up by Progressives for State Ticket, HURON, 8. D., March 1L—The South Dakota insurgent republicans in conference here named the following state ticket this morning: Governor—R. S. Vessey. Lieutenant Governor—F. M. Byrre, Secretary of State—S. Poliey. Auditor—John Blebelhelmi. Treasurer—A. W. Ewart. Commiagion of School and Public Lands— F. F. Brinker. Attorney General—Royal C. Johnson. Superintendent—C. G. Taurence. Rallrodd Commilssioner—W. E. Benedict. Congressman (First District)—Thomas Thorson. Congressman Shrader. Dakota Towns Are After Milwaukee State Railway Commission is Hearing Complaints of Poor Rail- road Service, YANKTON, 8. D, March 1L—(Special Telegram.)—Chairman Dr. W. G. Smith of Sturgls, Georgo Rice of Flandreau and F, C. Robinson of Groton, members of the State Railroad commission, are in session here, going Into troubles arising from the poor Milwaukee service on the Platte ex- tension. The following are represented at the meeting: Platte, Geddes, Lake Andes, Ravinia, Wagner, Dante, Avon, Tyndall, Tabor and Yankton. l (Second . District—J. F. Charged with Decelving Court. MANILA, March I1l.—Lieutenant Frank B. Davis of the Twelfth infantry, United States army, h been ordered before a court-martial charged with having misrep- resented the law to a similar court while defending an enlisted man. OMAHA, SATURDAY NEW MOVE T0 END | TRACTION STRIKE Philadelphia Business Men, Repre- senting Thirty Organizations, Discuss Situation. ’ e < PR S 1o % Sides. THREE FACTORS ARE. Banks and City. “ & Use Influet 5 APPEAL TO O.vIC FEDERATION Roosevelt Peace Commission Will Also Be Asked to Assist. COMPANY MAKES CONCESSIONS Men Who Desire to Return Will Be Given Work Up to March 20— Pratt Says Offer is a Blatt, PHILADELPHIA, March 11»~Two hours and a half of discussion of the strike ques- tlon by a large gathering representing more than thirt ybusiness organlations of the city was productive of the adoption of a resolution in which three separate Influ- ences are Invoked to bring the industrial war to an end. Of the two local Influences appealed to, stress was lald upon the financial powers of the city. The city's banks are requested to use their Influence to bring about arbi- tration or an equitable settiement. Each commercial body represented was asked also to try to induce the councilmen to call| aspeclal meeting of the city counell for ag- | tion which will Induce the company and fts | men to come to terms. The resolution took & wider scope, how- ever, in directing that a telegram be sent at once to Seth Low, president of the Na- tional Clvic Federation, asking thaf the fed- eration .offer immediately its services as arbitrator. The Traction c¥mpany, many thought, would netilightly cast aside an of- fer from the body to act as mediator, and strikers have already announced they would weloome arbitration. * Petition to Taft. A petition to President Taft, presented by | Alfred H. Love of’the Universal Peace union, was numerously signed by the busi- ness men at the close of the meeting. It suggested that the Commission for the Pro- motion of Industrial Peace, which has at 1ts dlsposal the funds donated by Theodore | Roosevelt from the Nobel peace prize awarded to him, be asked to act in the orisis here. “Immediate action” was the demand of every speaker of the afternoon. The blook< ing of a gettlement was variously attributed in the speeches, some of which were. ex- tremely warm in tone, upon the transit company, the city officlals and In a few inatances upon the attitude of the strikers themselves in forcing a general walkout | and Insisting - upen recognition of their union in any darbit, .tion they were willing to endorse, : “The city hall could settle this in twenty- four hours it it would,” was one orator's declaration. ‘ Doubt s expressed In many quarters whether any action taken by the business men would have any immediately beneticial effect upon the situation. There was hope, however, in the results of the appeal for intervention from outside, while many of the business men seemed convinced that their firm stand for actlon at home to end the strike would have its due effect and bring results, Tonight the company, through President Kruger, announced its willingness to com- | ply with Mayor Reyburn's request for con- cesslons to men willing to return to work. | In his letter to Mayor Reyburn, President | Kruger sald: | “I take the responsibility of saying that as far as there are vacancles we shall recelve the men back unitl March 2, 1910, under the terms of our resolution of Feb- ruary 2 and belleve that in some way we can give them the financial assistance that you request. Of course we must loyally guard the rights of the men who have been loyal to us, and we think it only fair to point out In tis connection that we are now rapidly filling our ranks.” C. O. Pratt, leader of the striking car- men, declared tonight that the action of the mayor and the responsive offer of the company was a “bluff.” In its usual daily statement to the com- mittee of ten tonight claimed increases in the ranks of the gencral strikers dur- ing the day and declared that the work- ers of the state only awaited the word to £0 In the movement here. The statement indicated possibility of further trouble in declaring: “If within forty-elght hours the present general local strike is not settled every labor organization now on strike will be instructed to formulate demands for wages, hours and conditions of labor they deem commensurate with the increased cost of living now upon us. 1 “Raflroad employes, miners' unions and | labor organizations of every craft and trade throughout the state will be noti- fled to take similar action.” Trenton Strike Settled. TRENTON, N. J., March 11.—The trol- ley strike In this city was practically set- tled late this afternoon when the Trenton Street Rallway company granted the men the wages asked—23 cents an hour. Other concessions are being discussed, Ice Out at Plerre, PIERRE, 8. D., March 11.—(Special Tel- egram.)—The ice in the Missourl ran out quietly here today, the run lasting about | two hours, showing that the stream s | open for several miles above here. | street, thought he wanted to drown him- welf, but when he got out into the Missourl river and found how cold the water was, he changed his mind and waded back to dry land. The young man trudged out Into the byt I did not attach any significance to Didn't Mr. Ballinger say he wanted it Sone slowly S0 as not to attract public at- tention ™ *Yes, that is my recollection,' “Did Mr. Ballinger, In speaking of his [ ——— water about 100 feet at & point seventy feet north of the Douglas street bridge on the Towa side Friday morning. Pete Donnelly, % Avenue B, Councll Bluffs, who works at the smelter, thought he saw an up- turned boat out in the river. He looked more closely and perceived it was a man struggling in the water. He telephoned to the Council Bluffs and Omaha police and Geneva Man Changes Mind About Drowning in River John Kennedy, 2 years of age, 1715 Dodgescon an Omaha police’ auto was out on the bridge, where it met a drenched ani shivering man coming toward it from the east end of the bridge. Kennedy was glad enough to get the re- llef the police offered and appeared quite eatistied with life when he found himself in the care of the police surgeons on ‘the Way to & hospital. The man Is from Geneva, Neb., and s a baker by trade. He had a Geneva bank book In his pocket when found, and under date of April 1, 1308, had a balance in the Geneva State bank of #%. He has been sick and Dr. Thomas haa visited him at his rooms the night before, when he had some fever, WEATHER FORECAST. For Nebraska—Fair. For lowa—Falr For weather report see page MORNM MARCH From the Washington Herald. SINGLE COPY TWO CENTS. BROKERS' MOBAKTER PATTEN English Speculators at Manchester Attack American Corn King. VENGEANCE FOR COTTON SQUEEZE Chicngoan is Bustled Out of Exchange Buflding by Friends and Finds Refuge in Nearby Ottice, LONDON, March 1l—James;A. Patt the Chicago_speculator who came to. Eng- lapd as sald to “look around,” had ovca- &lon to look sharply today from the mos ment he appeared on the floor of the'eot- ton exchange at Manthester. His appear- ance was the signal for a, hostile demon- stration, which resulted in his forcible ejection from. the exchange and a flight through the streets from'a mob that was prevented only by the police from doing him serious harm. Patten was hidden for awhile In a business office and later smug- gled into a cab and driven to & more se- cure refuge. Patten's coming to Manchester had been widely heralded and the reception was ready for him. There are persons in Man- chester who were squecaed in. the Patten riso in the price of cotton last year and they have neither forgotten nor forgiven the man who at times has forced the price of cotton and grain to new figures. As soon as Patten appeared on the floor of the cotton exchange at the ‘“cottonopo- l1s" today a broker shouted ‘Patten.” In- stantly hostile cries were raised and the air was filled with ‘booings” and hoot- ings. The brokers rushed toward the Ameri- can, who was quickly surrounded by a threatening mob and jostled hither and thither as the pressure of exclted throngs behind carried those in the center of the circle up and down the floor. After awhile the brokers made a final rush and drove the wheat king into the street. The business of the exchange was sus- pended and hundreds of men left the pit and followed the speculator into Bank street. Here the visitor recelved a recep- tion even more riotous than that which greeted him inside. A hundred fists were shaken at Patten, who turned deathly pale as the threatening crowd pressed closely and seemed on the point of assaulting him. At & eritical moment a strong force of po- lice arrived and Patten was hustled into an office and out the back door into & cab, in which he was hurriedly driven to & rallroad station. He took the first train for Liverpool. IRockcfcller Bill to Be Reported Favorable Action Taken by Senate Committee After Statement from 0il King's Representative. WABHINGTON, March 11.—The bill to In- corporate the Rockefeller foundation was ordered favorably reported at an executive session of the senate District of Columbla committee, following & statement made by Btarr J. Murphy, the representative of John D. Rockefe]ler. Little additional light was thrown on Mr. Rockefeller's purpose in asking for a fed- eral charter by Mr. Murphy in his state- ment to the committee to Which the Gallin- ger bill to Incorporate the foundation was referred by the senate. Mr. Murphy explained that Mr. Rocke- teller merely desired to extend and broaden the scope of his philanthroples by estab- lishing & foundation along -the lines of the General Education board, Which was char- tered by congress in 1%8. The amount which he expected to give for the purpose of the foundation had not been determined, sald Mr, Murphy. 3 “I have recelved more than 100 such let- | ters since the pending bill was introduced,” interrupted Senator Gallinger. “Starting with one man who asks §25, the letters range all the way up to the proposition of another for $500,000." “Your case is similar to mine,” responded | Mr. Murphy. “I have & letter from & woman who asks to be supplied with a set of false teeth and others seeking sums all the way up to $100,000,000."% Rumor that Rock Island Will Buy Moffat Railroad Bale of Eleven Millions in Bonds for Acquisitions and Improvements is Admitted. DRNVER, March 11.—The Chicago, Rock Island & Pacific raflway has just sold 8if,- 000,000 worth ‘of bonds, the proceeds to be used ‘for new construction, acquisition and improvements. Reports of a detafled /in- vestigation of the Denver, Northwestern & Pacific (Moffat) railroad by Rock Island experts are now on file In the Rock Island mitted by H. U, Mudge, president of the Rock' Island, ‘during a visit here today. While admitting that an investigation of Denver, Northwestern & Pacific had been made by Rock Island experts, Mr. Mudge Bald that nothing further had been done in the matter and he refused to state whether his road was contemplating the purehase of the Moffat road or a traffic agreement with it From other statements made by Mr. Mudge it Is belleved the Rock Island is contemplating the securing of en entrance to Denver from the east over its own tracks, this possibly entalling the con- struction of a road from Limon to Denver, The Moffat road Is a projected Denver- Balt Lake line, which differs from other mountain roads In that it crosses the Rockies at the summit of the continental divide Instead of following the river courses. It i{s now In operation from Denver to Steamboat Springs, Colo,, a dis- tance of 214 miles. It erosses the divide at an altitude of 11,600 feet, which {s sald to be the highest altitude reached by any standard gauge rallroad In the world. MINE STRIKE IN_ APRIL Coal Workers in Somuth Central Fileld ‘Will Go Out When Con- tract Ends, KANSAS CITY, March 11.—A strike of the coal miners of the southwest on April 1, when the present wage scale ends, can hardly be.averted, according to a state- ment of operators made here today. Miners from one of the affected states, that of Kansas, conferred here today with a com- mittee of the natlonal board of the United Mine Workers of America. OIL CASE COMES UP MONDAY “Octopus” Faces Most Serious Legal Battle in Its History. REVIEW OF THE LITIGATION Findings of the Criminal Court Show that the Monopoly of Refining Selling Ofl is Prac- tically Comple: WASHINGTON, March 11. — The mos erfous legal battle that ‘“Standard Oil" has ever faced will confront it next Mon- day. ~ That 18 the day set by the supreme court of the United States to hear arguments| on the appeal of the Standard Oil com- | pany of New Jersey from the adverse judg- ment of the United States oircuit court for the eastern district of Missourl, which or- dered the dissolution of the New Jersey corporation as an il combination and monopoly in restraint of interstate com- merce. To point out thé alleged errors of the circult court in’ its findings and M its decree, the keenest intellects within command have been procured. To argue for the affirmance of the decision of the lower court, Mr. Wickersham, the attorney general of the United States, himself will head a brilllant array of counsel for the government. The elrcult court announced grave find- ngs against the individual defendants, John D. Rocketeller, Willlam Rockefeller, Henry M. Flagler, Henry H. Rogers, John D. Archbold, Oliver H. Payne and Charles M Pratt, the Standard Ol company of New Jersey and other defendant companies. The court found that in 1889, by an ex- change of stock by the seven Individuals, the Standard Oll company of New Jersey acquired the legal title to a majority of the stock of nineteen companies, which in | turn controlled a large numbers of others, all but one engaged in the ofl business. Findings as to Trust. ‘What it found as to this combination was: That since 1899 the affalrs of all these companies have been managed by the prin- clpal company as the business of a single person, 80 as to fix for them the price of crude oll, the rates for transportation and the selling prices of its products. That the par value of the combined capital stock in. 18% was about $100,000,- 000, and that in 1903 it was $150,000,000, (Continued on Second Page.) The Squeal of the Stuck Pig When a pig squeals and kicks with might and main. Kicks down and out, and up, and sideways and agound, all the time whirling; all of the time squealing, butchers say, ‘‘That pig is stuck.”’ The Bee has started out to get the want ad business of Omaha because it belongs to The Bee. Everybody reads Bee want ads. and squeal some time ago. They pay. The World-Herald began to squirm Its cry is amusing. Everybody knows why that paper squeals like a stuck pig. Observing citizens recognize from day to day that The Bee is the paper making the real gains in its want ad columns. The Bee refers its subscribers to the columns of the two papers of yesterday while they are still before them. Yesterday The Bee gained over the same day a year ago 430 advertise- ments. The World-Herald gained only 334. Yesterday The Bee was the strongest in announcements in real estate, in au- tomobiles, in spring offerings, ors, in dressmakers. in medical, in florists, in tail- The World-Herald carries its help wanted free. The Bee has met this kind of competition and the squeal of the stuck pig shows that it is hurt. That paper has run advertisements ordered out and were not stopped, of people whom the postal authorities couldn’t deliver mail to because they had moved away. It has, and is running indecent ads. Run over ads to swell its columns, * Ads of every sort with World-Herald addresses (the easiest kind of fakes). All done to make a show and to fool the people. But all of the fuss that it makes is the squeal of the-stuck pig. Keep your ears open for that squeal. You will recognize it when you hear it again. TWO MIKES TELL SAD, SAD TALES J. H. Secrest, nTF:mer John,” and Sam Sutor, the “Wise Guy,” Unburden Their Souls. MABRAY'S CUNNING DUPED THEM Both Men Blurt Out Stories of Losses in the Boxing Matches. THOUSANDS OF LETTERS SHOWN Prosecution Well Armed with Corre« spondence and with Witnesses, MABRAY GIVES PIECE OF MIND Alleged L Seerest Ga ader of Gang Rubs Fur of the Wrong Way—Joe Prize Fighter, May Be Called. A Mike grown 0ld and wealthy in tho bucollc environment of an lowa farm-— J. H. Secrest of lowa Clty—and Sam Sutor, the “wise guy” Mike of the village of Cass Lake, v were thrown Into cone trast in the testimony introduced by the | prosecution of the Mabray gang in federal | court at Council Bluffs yesterday after- | noon. Secrest, the.living delineation of “Farmer John," typleal victim of the green goods | man, unburdened his soul of many an- gulshing facts, telling the jury how he lost §,000 on a boxing matoh at New Or- leans and went home for $,00 more to | loso. Butor tried to tell how he was “next" |the time, but lost anyway. He blurted |out his word pleture of the operation which cost him $6,000 without regard to what lawyers and court might have to say, and in terms all hls own. The introduction of documentary evie dence by the prosecution 1s now well under way. The prosecution probably will not rest before Tuesday night or Wednesday morning. The defense has not subpoenaed witnesses and hae not glven an intimation of the line of defense to be taken up aside from the obvious points of the case on trial. d Letters that Were Not Durned. No less than 2,600 letters and other doc- uments are In_the possession of the prose- | eutlon, though it is possible that but a | part of these will be introduced. Nelther | | 1s it lkely that all of the 120 witnesses yet remaining on the list will be cxamined, Willlam Scott of Pawnee, who has turned stato's ‘ovidence after a falthful term of service to/ the “'bi gatore” gang, came in for & bit of keel-hauling In the afternoon, be- cause of his fallure to come across with. the testimony in willing style for the prose- cution in the morning sesslon' when he was on the stand for more than an hour. His wife, on belng recalled to the witners stand, gave evidence concerning a “big store" - letter in a remarkably vivid and startiing statement, which was later ruled out of evidence. The evidence today will follow In general | direction the course of that of yesterday, A fight is to b made by the attorneys for the defense against the admission in fevidence of the fetters and mmoranda contlscatd by J. S. Swenson, postotfice inspector, at the raid of the Mabray res- idence In Little Rock, Ark., when Mabray ‘was arrested. Argument on the admissabliity of this evidence is to be heard this morning by Judge McPherson. The defense will con- tend that in a measure the Introduction of these letters puts Mabray in the position of testifying agalnst himself. Colonel Mar- cellus L. Temple, district attorney, Is con- fident that the prosecution will 'be’ able |to put the confiscated documents in evi- dence. J. 5. Cavanaugh of Oklahoma City, the blggest mike of the many--victim of a job worth $37,000 to the credit side of the “big store's” ledger—arrived Friday afternoon and appeared in the court room. Mr, | Cavanaugh took a seat In the back of the room and did not allow his presence to be- come noted by the throng of defendants along the railing In front. Mabray Says a Few Things, At the .ciose of the afternour ‘session, | Mabray. gave J. H. Secrest, the Iowa tarmer-mike, a piece of his mind about | what he had sald on the witness stand | about his innocence In being drewn into | the game. Secrest had maintained that he | had only loaned the money and at no time had intended to actually bet it on a horse | race. “'ou ought to go home and preach that to your grandchildren,” snorted the manager of the “big store.”" “The idea nf sitting np there and dealing out that stuff. Oh, ne, { you @)dn't bet that money; oh, no." “Never mind, maybe there will be another horee race in Council Bluffs some da; said another bewhiskered mike, coming up to get Into the row. “1f you walt to bet on it with me you will walt a long time,” safd Mabray. “I hope that's right,” answered Secrest, Then Mabray turned about to talk to | Emmet Tinley, his lawyer, who was calling him aside for a conference. JOE GANS MAY BE A WITNESS Former Colored Champion sud Clare ence English May De Subpoenaed. Joe Gans, the colored pugilist and former lightwelght champlon of the world, to- gether with Clarence Epglish, the Omaha pugllist, may be subpoenaed as witnesses | In some of the Mabray cases now In prog- |ress in Council Bluffs. A certain lttle fistlc affalr transpired in Denvér gome 6ix | years ago on which the authorities think they would like to have some light thrown and they belleve Messrs, Gans and. English might aid them In this particular. The mike who became wise in time, Peter Vorhees, lllumined the mornin's session of the trial of the Malray gang in' United Btates court at Councll Bluffs Vorhees came. to Council Bluffs with “Mike" C. A. Nelson, saw tho race that cost his friend $2,000, kopt his own money close, and got back home to Alms, Mich., unscathed, The morning was filled by stories thus told by mikes and confessed “steerers.” Mrs. R, B. Herrlman, the young woman in the picture hat whose jewelry has won her the name of “the dlamond girl” In the court room, has been excused end will return to San Franclsgo, where ghe will oln her husband. She was called as a witness by Colonel M. L. Temple, district attorney Peter Vorhees, real estate and loan agent of Alma, Mich., second mike witness, was put on the stand by the prosecution at the (Continued on Sixth Paga)