Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-09-25
MABRAY TRIAL IN DECEMBER
Judge MCPHERSON Fixes the Date and
Council Bluffs the Place.
MAKES NO EFFORT TO GET BAIL
Would BE No Use, rs Bonds Required
in Various Cases in the State
Court Foot Up 20 Hundred
Thousand Dollars.

The trial Of ]. c. Mabray on the charge
of using the United States mails for con-
spiracy to defraud has been set by Judge
Mcpherson for Tuesday, December Z, at a
special term Of the federal courts called
for Council Bluffs on that date.
All the other conspirators indicted under
the general blanket indictment and who
may be arrested in the interval VIII be
tried at this special term.
Judge Smith Mcpherson. after a confer
ouce with the district attorney and counsel
for Mabray, annoureed that a special jury
would be drawn FOR the term in December.
Mabray's bond under the new indictment
was fixed by Judge Mcpherson at 5000.
There is little probability that Mabray will
make any effort to secure his liberty pend
ing his trial, as the bonds required of him
under the numerous indictments in the
state court aggregate 100000. The bonds
Of Ben Marks and John r. Dobbins, who
were included in the blanket indictment
returned Thursday, were placed at $500
each. George S. Wright, attorney for
Marks, filed bond for his client yester-
day afternoon and Marks was not required
to go through the formalty Of being ar
rested and brought to the court. as he is
seriously i'll at his home on Vine street
The bonds of all the other defendants
named in the indictment were fixed by
the court at $3,OOO but this order will be
subject to change to suit individual cases
as the Judge may later decide
Announcement was made yesterday that
the federal court would be moved Sunday
to its temporary quarters in the court
house, where court will convene next Mon
day morning in the south court room. To.
day will be the last day that court will
be held in the federal building until the
addition is constructed and the remodeliur
of the interior Of the present building com.
pleted.
Mabray will not be left in the county
jail here until his trial i'm December but
will be returned to the Polk county iaiI
in Des Moines, where the accommodations
are far superior Since being brought to
the county jail Mabray has not been al
lowed any special privileges and at the
best the accommodations in the county iail
are far from good. United States Marshal
f. B. Clark stated last evening that he
expected to take Mabray back TO Des
Moines in a few days or as soon as
Mabray has had sufficient time to consult
with his attorneys.
number Of the witnesses before the
federal grand jury in the Mabray case
We're served with subpoenas yesterday to
appear as witnesses in the state court In
the case against John r, Dobbins, whose
trial is assigned for October l. subpoenas
were also served on large number Of the
witnesses to appear before the federal
grand jury in Omaha next Monday.
Sheriff McCaffery has been advised by
County Attorney Hess that the service
on Mabray In the county jail on bench
warrants under the numerous indictments
returned against him in the district court
was not legal. The warrants County At
torney Hess said, could not be served
while Mabray was In custody as a federal
prisoner. Consequently warrants cannot be
served until the cases IN the federal court
are disposed Of