Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-11-21
LAWYERS TONE IS DERIsIvE
Prisoner Sits Like Statue, and, Unlike
Wife, Shows No Emotion.
DEFENSE SPRINGS BIG SURPRISE
Attorneys Rest Case Without Testi-
mony When State Concludes.
INDUCES ARGUMENT AT ONCE
Attorney GencrrI Opens the Debate
and Defense VIII Continue Argu-
ment MOndny-Chse May. Go
TO Jugy Tuesday.

to Jusy Tuesday.
The argument for the prosecution OF 4
John r.. Dobbins, whose trial for larceny /
as "steerer" for the Mabrsy race in .
which T. w Ballew, a Missouri banker
lost $4,000 Is nearing the end In district |
[ court at Couacil Bluffs
In this man Dobbins we have a good !
man to start with to bring about a deal |
similar TO this one" said j. j Hess county
attorney Look into his past, which the 1
evidence OF this case has shown YOU /
gent emen."
, The lawyer was leaning far forward |
speaking directly into the faces of the 1
jurymen. His voice was cold, cutting de /
risive
Mrs Dobblns who has shown so much
bravery through the trial in the face OF |
ell the determinations and allegations that |
have been showered upon her husband !
gave way at last. Covering her face with |
her handkerchief she tried her best to hide |
her grief in silence. She trembled with the |
pain OF her emotion but, steadying herself |
with al her summoned strength, she dried
her tears and again faced the court room !
full Of lawyers and spectators, with the |
same brave front.
Dobbins sat as a statue through the ar |
gument. He has never given evidence in /
the court room of any other feeling than ,
a cold interest in the trial.
THE defense rests" said Emmett Tinley |
lawyer for Dobblns, yesterday when the
state announced the close of its evidence |
and Judge Green had made his ruling In
regard to the motions for exclusion of GER
tain evidence.
Defense Springs Surprise,
This move the surprise of the hear
ing The court room was packed with a
curious throng, gathered there In the expec !
tatlon that Dobbins would be put on the |
stand to tell his story.
The attorneys for the defense had said |
early IN the hearing that Dobbins would /
be the principal witness in his own behalf I
when the evidence was put on. He was on
that account expected to have something TO |
say to substantiate the plea Of the defense |
In the opening statement that Dobbins had |
himself been a Mike" and a victim in the |
Mabray race in which his former fellow |
townsman, 7. w. Banew. the banker and
millionaire Of Princeton, No. was fleeced
out of $4,000.
Not a word of evidence was offered in
behalf of Dobbins and his lawyers are rest
ing on the expectation that they will be
able to bring the jury to believe through |
argument that the state has not made a
case
County Attorney Hess opened the argu-
ment for the defense at the beginning Of
the afternoon session. He made strong
appeal to the jury, reviewing the history
OF the Ballew case and those of the other
Mike" witnesses who have been contribu-
ting to the merriment Of the trial for the
last week.
1t was an artless slip OF the tongue
which led Mr. Hess in heated portion
~ his argument to deliver this startling
Passage:
One Rascal at n Time.
mo matter how much the defense may
try to blacken Mr.. Ballew's part in this
: ease; no matter how much they try to
vnify him, Mr. Ballew is not on trial;
let us get one rascal at a time"
Mr. Hess dwelt long and earnestly on
the question of the motive that had ac-
tuated Dobbins to write letter of intro
duction with which he sent the man who
broached the race" proposition to Bal
lew.
u III It had not been for this man Dob
bins. then Mr.. Ballew would not have lost
his s3OOOO." declared the county attorney.
When Mr.. Dobbins called on Ballew at
Kansas City when they were framing the
race deal he said that he did not have
but $40 in the world. On the train on
his way east on october 1b 1908, two days
after the race, he had one roll OF 5000
and another OF some hundreds. Mr..
Young, travelling man, has testified that
he counted the money and that Dobbins
told him that he had won $500 shortly
before
Men with $40 capital do not pick up
$500 in honest transactions. Gentlemen
OF the jury. this defendant, Dobhins, was
at the race; he was az the hotel; he was
ON the spot when Ballew lost this money.
He got Ballew into the race. Now where
do you suppose he got that 1880 he told
about and what do you suppose the deal
vase"
The arguments are to be embodied in
the stenographic record of the case.
The argument will be continued by the
state when court convenes Monday morn
ing at $50 o'clock The case will probably
mot so to the jury before Tuesday. 7. W
= Balew, the complaining witness, win re-
main in Council Bluffs until this case is
disposed OF.
Completion of Testimony.
The argument over the competence OF the
testimony OF the mikes was practically a
revival Rf that which arose when the. wit
ness in Question took the stand. The states
cOntentioh is that Dobbins assumed
resp Ansibllity for part In con-
spiracy q fsr the mixing of victims previous
20 the ailew incident with which the
state has made effort TO connect the de-
fendant.
An objd tion 20 the evidence Of John s.
s,venson. postoffce inspector. was over
ruled.
NJ. b. Rrk. chief clerk OF Grand hotel.
during IN month OF October 1905, the Ma
brays' bu ia season in Council Bluffs, tesu-
fled IN rleard 20 the registration OF the
.1niilionai 8es" and others OF the party en-
eased IN We mikeing OF 7. w. Ballew.
- NJ see Mr.. Dobhins during the