Omaha daily bee., 1909-12-13
Council Bluffs
SEEK TO QUASH INDICTMENT
Motion Filed at Council Bluffs with
* Demurrer in Mabray Case.
CLAIM CHARGE IS INDEFINITE
Allegation Made Letters Set Forth
Were Not written b. Any of
Defendnnts-Crime Out
A District

With a demurrer to the indictment re-
turned by the federal grand jury in Coun-
ell Bluffs against ). c.. Mabray and other
alleged members Of the big store swim
ding syndicate there was filed Saturday
a motion to quash the indictment. The
motion and demurrer were filed by counsel
for Mabray, Benjamin Marks of this city,
John r. Dobbins and Joseph r.. Wright.
The two documents, excepting the form
of the prayers. are identically alike.
After making the usual perfunctory ex-
ceptions to the indictment, the following
objections, in brief, are set forth:
The indictment fails to show that the
crime Of conspiracy attempted to be
charged was committed within the juris-
The indictment affirmatively shows that
the crime attempted to be therein charged
was not committed Within the boundaries
OF the southern district Of Iowa, or within
the state of Iowa CT within the Jurisdic-
ton Of this court.
Not within statute of Limitations.
The Indictment shows that the crime at
tempted TO be charsed y ami AT
period OF the statute Of limitations.
The Indictment attempts 10 charge. the
crime described In section $3.50, revised
statutes Of the United States. but the faces
charged show -that the pretended con-
. splracy into which It was claimed these
Abefendants and others entered, was, IL any
Pming, a substantive part OF the crime
q which these defendants were charged con-
IN facts stated in the Indictment do not
show a conspiracy to commit the acis de,
nounced as crimes rby section 54oO, revised
statutes OF the United States.
The Indictment IS indefinite, uncertain
and contradictory and does not contain q
plain and direct statement of the crimes
offenses or acts with which the defendants
The Indictment fails to charge that the
opening, or design to open correspondence
by the United States mails was an essen
tial part Of the alleged conspiracy Oh
scheme Of the defendants,
The avermsnt as 10 the ideVising or any
fraudulent scheme alleged against the de,
PENDANTS, IL any there be- was OF reclta
and not by direct statement, and there Is
no charge whatever, except by inference
or implication that the defendants In
tended, as q part OF the scneme charged
spondence through the postal establishment
of the United states, or that a design tC
open sucn e9ftesponoemv py m rt w tbe al
legged scheme or design charged asalns
NO Violation of statutes.
The facts tated in the Indictment will
which these defendants are. charged as con
spring to do, would not, IL consummated
T TSTisdg sta 4 1Hela df the q 6 Sedtt9n States seSG 81 'o o
constitute the acts by said act made
crime.
alleged fetters-peferred to were not writ
ten by any Of the defendants to any OF tn
persons WnOIni IL Is cidlHleu' l"-le was III
tent to defraud, nor by any person whon
TO the defendants, and the indictm,n
shows that said letters coulu not have bee
Included within any original scneme to de
fraud, and that the writing or mailing o
said letters did not constitute any OF tn
overt acts required to be done in order I
enable5 the government to maintain thi
prosecution sE
le ne ,s sCaEgpi 2sSs; II p% ShssedsiD e fne IN isndii st
ment.H
The facts in the said p~retended, indict
ment stated do not show that. the de
PENDANTS have committed any crime.
The Indictment seeks to charge these de
Pendants with conspiracy to commit
crime, of which a conspiracy would be a.
essential part, and the facts alleged wit
reference TO az pretended conspiracy b
these Defendants and others, II true, woul
not constitute q conspiracy to violate an
of the. claws of the United states and woul
not constitute conspiracy to violate sec
ton $3.50 OF the revised statutes of tn
limited States. q yrs