Omaha daily bee., 1909-11-25
Council Bluffs
MABRAY TRIAL POSTPONED
Judge Mcpherson Vaoates Order Fix
ing it December z.
ACTION ON COURTS OWN MOTION
Taken Because of Rush of Business,
Expected Preliminary Hearings
and to Save Much Need
less Expense.

-
John c. Mabray and other alleged mem
bers of the big store gang Of swlndlers
who were included in the blanket indict-
ment returned by the federal grand jury
in Council Bluffs on September %, will not
be tried at the special term Of court called
for December Z. The order setting their
trial for that date has been vacated by
Judge Smith Mcpherson, who embodies his
reasons for the vacation in a statement
issued by him in connection with the order
which was filed here yesterday morning.
Attorneys for the defendants are given
twenty days in which to file demurrers,
and If the attorneys for the government
and the several defendants cannot agree
on a later date for the trial the cases will
be assigned for trial on the first day Of
the spring term of United States court in
this city, which will open March 8.
A special jury panel for the Mabray case
was drawn November l, but the members
will now be notified that their services will
not be required on December T.
Judge McPhersOn's order.
Judge Smith McPherson's order, filed
here yesterday morning, is as follows:
9TH court, on Its own motion, vacates
the order heretofore made setting the case
against the defendants down for trial De-
cember Z 1909. Defendants viii file de-
murrers, II they intend to file them at all,
within the next twenty days, and If not so
filed the same will be waived. If counsel
on both sides can agree, the trial Of this
case will be fixed at a later time; in the
absence Of such agreement the case is
hereby assigned for trial on the first day
of the ensuing term Of court, to-wit: March
8, 1910. The reasons for this order are re-
duced to writing and filed herewith.
Done in open court this November %,
1902"
Statement by the Court.
Following is Judge McPherson's state
ment filed with the order:
This case was at the recent term in
September fixed for trial December It'll.
There are something like seventy-five de-
PENDANTS. l am advised that ten or fif-
teen of the defendants have been arrested
and are either in Jail or on bond. 1 as
sumo that many of the. defendants never
will be arrested, but Of course 1 do not
know as to this. l assume that stlll others
will be arrested in addition to those al
ready in custody. Some of the defendants
have but recently been arrested in other
states and are now fighting orders to re-
move them to this district for trial, and
AAN oIRAANaAAOAAD " AtAAAONaA LdNG ~
as yet been finally decided. 1 am advised
by counsel for some of the defendants,
including the defendant Mabray, that de-
murrers will be filed to the Indictment
upon the grounds both as to substance and
form. These demurrers have not as yet
been filed. As, of course, If those de-
murrers should be filed and sustained, the.
cases would be resubmitted to the grand
jury, which cannot convene until next
March.
Expense Would De Great.
"As to some of the defendants who nave
but recently been arrested, 1 am advised
that motions for c-ontinuances will be filed.
The expenses for this trial will be very
great and will take much time. More
than one trial should be avoided If at all
possible. Witnesses must be brought from
far distant states, and they nave already
been subpoenaed. To try some of the de-
PENDANTS in December and some at the
next term works great inconvenience both
to the court and to the officers and to
the witnesses, as well as duplicating the
expense Of the case, with the government
to pay.
Il am now busy at Des Moines in the
midst OF a term of court, with the proba-
bilities of my work there lasting until De-
cember A. before which time 1 could have
no opportunity to consider these demurrers
and pass upon them. In the meantime the
witnesses would be present for the trial
December Z.
In view of all the foregoing facts 1
have termine on my own motion to va
cate the order for trial December 7, and
direct that demurrers be filed within the
next twenty days, and l will then fix a
time for hearing the same at Council
Bluffs, and later on. fix a time for the
trial, If the time can be arranged by agree
ment, and if this cannot be done, the cases
will be set down for trial on the first day
of the ensuing term OF court, namely,
March s, 1870"