Omaha daily bee., 1909-11-23


hand on any officials upon whom such a
charge may properly rest. ! will see that
he or they are brought to justice"
The attorney general spoke highly in
praise Of County Attorney Hess and COM
plimented him on the conduct Of the case,
in the course Of his argument.
Attorney Harris TaIk.
This is in fact the case Of T. w. Bal
lew against John r. Dobbins, not that Of
the state Of Iowa as It appears on the
face OF the record" exclaimed Charles
Harl, attorney for the defendant, on trial
for larceny, as steerer for the Mabray
gang, in district court at Council Bluffs.
The argument for the defense began at
the opening morning session OF Judge
Green's court. The indications are that
the case will now go to the jury tonight.
Attorney General Byers will close for the
state.
The defense was true to its promise in
taking up T. w. Ballew. complaining wit
ness. Attorney Ha-l made an impassioned
and bitter a~rraignment or the Princeton
banker.
The attorney general of the state Of
Iowa is here to aid the prosecution. He
has come here to assist j. J. Hess, the
county attorney, who has made such an
enviable record in the prosecution Of Grim
inals, There have been men tried here for
the most henious OF crimes, the most
bestial Of assaults, but never before in the
history Of this county has the attorney
general, the chief law officer Of the state
come down from Des Moines, leaving an
important session of the supreme court to
aid in the trial of a criminal case.
Back of this, gentlemen OF the jury. Is
T.. w. Ballew. This is the case OF T. w.
Ballew against John r. Dobbins. The
indirect Influence OF T. w. Ballew is re-
sponsible for the presence Of the attorney
general here"
BHIler Not Content.
1T seems as though Ballew would have
been satisfied with his-but no, he hires
the most able criminal lawyer in south
western Iowa, James P. Organ, to assist
in the prosecution.
The voice you hear in this case is that
of Attorney General Byers and County
Attorney Hess, but back OF it looms ]. w.
Ballew. Back in the shadows has been
the cold, incisive abilities and genius of
this John P. Organ. These men are the
tools Of the spite Of T. w. Ballew."
Harl in opening his argument defined to
the jury his view OF the issues of the case.
making much Of the point that larceny
and larceny only was the charge made by
the state In this case.
'The Indictment charges that John r.
Dobbins did take, steal and carry away
money to the value Of $780, OO, the property
OF T. w. Ballew. This and this only are
you to decide.
"Ballew has made himself an issue in
this case and we accept the challenge.
Mr.. Hess has said that Mr.. Ballew got
into the deal involved in this case 10 re-
form Dobbins; TO help this little woman
win her husband away from the gambling
tabfe, for sympathy for her. God help
Mrs. Dobbins, II she is committed to the
care Of this man.
If he had wanted to help Mrs. Dobbins
win her husband away from the gaming
table would he a gone into a forced
horse race and encouraged the Peffidy OF
an untrue secretary"
Mrs. DObbins WeepH.
Harl made many comparisons OF the va
rious mikes" who testified in the case
and centered his attack on T. w. Ballew.
When he made his closing appeal for the
saving Of his client from the penitentiary
Mrs. Dobblns broke into tears.
Mr.. Harl concluded shortly before noon
and Emmett FINLEY began his address. He
placed emphasis on the attitude he wished
the jury 10 assume toward the testimony
OF the mike witnesses put on by the state
to show conspiracy.
You have been trying J. c. Mabray since
Wednesday morning. 1t is John r. Dob
bins whose fate is in your hands. not
John c. Msbray's."
The argument OF the defense was much
engaged In explaining the letter Of intro.
duction through which W.. II. Martin OF
the Mabray race machine was introduced
to 7. w. Ballew, he victim. This lettel
and the testimony OF Ballew stood, the
lawyers said, as the only evidence which
could have bearing on Dobbins. Ballew. de.
clared Harl, was impeached by his owr
statements. The letter he held did no
show Dobbins to have known more OF
the schema han Ballew did five minute,
after he met Martin.
The instructions TO the jury are I'm IN,
process Of composition and will be read,
FOR submission tonight.
The court room is packed with intereste,
people from Council Bluffs and Omaha
More than a score Of women are sittin,
through the argument. Some OF the mike,
are lingering to hear the oratorieal fire
works and be In at the finish.
AttOrnew Harl may leave for Denver IN
day on account OF the illness OF his mother
in-law, AIRS. n. v. SlsAd, formerly OF Coun
ell Bluffs, who Is al the point Of death.
!