Omaha daily bee., 1909-09-22
Council Bluffs
CONVENTION OF The MIKES
Gathering to Appear Before the Court
and Grand Jury.
DISTRICT ATTORNEY TALKS
No sympathy for the Victims, but
Governments Sole Interest e. 60
Prevent Crime and Punish
Criminals.


Governments Sole Interest Is 60
Prevent Crime and PunIsh
Criminals.
When the late Judge Woolson pre- sided
over the sessions Of the United StaJcs
court for the southern district Of Iowa
the court in Council Bluffs came TO be
known as "bootleggers' conventions" on
account of the large number Of cases Of
violation OF the federal laws. The pres
ent term of United states court, which
was opened yesterday morning by Judge
Smith Mcpherson. might be aptly termed
a Mike convention" owing to the large
number Of witnesses who are here to
testify before the grand jury in the Ma
bray cases. These witnesses include many
Of the victims Of the alleged gang Of big
store" swindlers. and they are from all
parts Of the United States. A number Of
these Mikes" are plaintiffs in the suits
brought in the district court to recover
their losses and their names have become
known since the arrest Of Mabray and
his associates. But there are many whose
identity has not yet been disclosed. They
are men who had kept quiet about their
experience with the gang untiI their evil
dence was sought by the government.
Ihen again these witnesses include sew
eral local men and people from other
states who are supposed to have more or
less knowledge OF the operations OF Ma
r and his alleged associates. They
nave all been subpoenaed by the govern
ment TO appear before the federal grand
jury which was convened yesterday,
Gang Makes big Money.
"heh the federal grand jury in Coun-
Gil Bluffs and Omaha get through with
the Mabray cases the m~arshals office will
nave enough work to keep IT busy for the
next ten years." said Colonel Marceuus
l.. Temple, United States prosecuting At
torney for the southern district of Iowa.
who is personally conducting the lnvesti-
CATION before the grand jury.
The operations OF this gang" said Colo
mel Temple, were far More extensive than
Is generally known. During the five or
more months during which this depart
ment has been securing evidence against
the big store swindlers, IT has secured
sufficient to show that the earnings Of
the gang during 1907 and 1908 exceeded
t1,OOO,OOO. We have the figures which show
this. How much more the gang got is
unknown, as of course there are quite a
number Of Mikes who have refused TO
say anything about their losses. The de-
partment has but little sympathy for these
Mixes as the evidence in its possession
demonstrates that most of them at least
went up against the game in the expec-
tation of securing some easy money or
course, this phase of the case cannot and
does not enter into the prosecution of
criminal cases. 1t is safe to gay, how
ever, that almost every fraud perpetrated
and especially such as the Mabray gang
Is accused Of, Is due to mans avaricious-
ness. While the government is doing
everything in its power to secure evidence
to convict the members of this gang. Il
is not giving out any of the
1t has obtained to assist these Mikes in
their civil suits In this or the state courts.
The government, however. intends to show
these men and all others that the United
States mails cannot be used to further
fraudulent schemes Of any character what
Among the witnesses who arrived in the
city yesterday are the officers who made
the raid on the residence occupied by
Mabray and his associates In Little Rock,
in which the trunk load Of records
and memoranda of the operations of the
gang was captured. They are Sheriff B.
L. Roberts, Deputy Sheriff ]. ]. Hawkins
and Deputy Constables James Rothery and
W. Ray.
Deputy Sheriff Hawkins is the officer
who captured Maybray and 1. J. Warner
as they were attempting to escape from
the rear of the building. Both attempted
to draw revolvers, but Hawkins was too
quick for them, and kept them both COW
cred with his gun until the other officers
arrived and disarmed them.
Dan Weir, for many years a member
of the detective force of this city, arrived
here Monday night from Dakota, where he
has a homestead, having been subpoenaed
by the government in the Mabray cases.
Mabray Files Demurrers.
Demurrers to the two indictments re-
turned against Mabray at the March
term of federal court were filed yester-
day by his attorneys and Judge McPher-
son set Thursday for hearing the argu-
ments. In the demurrers 1t is asserted
the indictments fail TO allege the de-
in, or taking from the malls of
any letters or packets by the defendant in
execution OF the scheme charged in the
1t Is also asserted that the
indictments do not allege or claim that the
pretended letters upon which the charges
are based were written by Mabray.
Marney Martin. the alleged ''steerer" In
the Sutor case. who was indicted Jointly !
with Mabray, has not been arrested.
Sheriff McCaffery served fifteen bench
issued in connection with in
returned in the district court,
on Mabray yesterday. There ought to be
remarked Mabray. as he counted
the documents, and Sheriff McCaffery told
him there was plenty of time I'm which 20
serve the others. Eight Of the warrants
were on charges OF conspiracy and seven
on charges OF larceny. 1t is understood
that the district court grand jury, which
is still In session, has returned several
more Indictments against Mabray and
some Of his alleged associates, but they
have not yet been made public. Under
each OF the indictments returned last March
and May against Mabray the bond was
placed, at $500, so Mabray would have 10
furnish bail In the sum Of at least 500, 900
to secure his liberty unless both the fed
eral and district courts saw Tit to re-
duce It.
SutOr Case Continued.
The civil suit brought by Samuel sutor.
the hotel keeper Of Csss Lake, MINI. who
claims 10 have been swindled out OF 5000
by Mabray and his associates, against the
First National bank Of this city, Ernest
y uU,~e a,E nfhara A. continued -.