Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-11-23

LARCENY OF $4,000
FROM BANKER 7. w. eALLEW
Jury Deliberates Five Hours in Reach
ing Its Findings - Dramatic Scenes
Mark tho Progress of tho Trial :
Attorney General 5yers Makes Clos
ing Argument.

ing Argument.
Special to Times s-Republican,
Council Bluffs, Nov. 23.-"Guilty as
charged in the Indictment, of the lar
ceny of 100000, the property of T. w.
Ballew," is the verdict in the case of
the state against John r. Bobbins, the
first member of the Mabray gang Of
alleged race track swindlers.
The closing argument of Attorney
General Byers was concluded late last
evening and the jury was sent out.
After dei:oerating five hours the jury
agreed to a verdict of guilty as
charged.
Instructions Severe Defendant.
The instructions from the court were
regarded as especially severe upon the
defendant and leaving little room for
my verdict other than that of conyic
tion. Judge w. r. Green, before whom
the trial was had, said, in part: 1T
Is not claimed by the state that the
defendant himself took and carried
away the money of Ballew, and it is
not necessary that it should show; al
tho to make out the crime charged, it
must be shown that some person or
persons did take and carry away the
money which was the property. of T.
w. BalleW with intent to steal the
same, and that the defendant under
the instructions hereinafter given you,
Is responsible for the acts of such
person or persons. = If the defend
Int censpired or confederated with
pthers to the end that they might thus
obtain possession of Ballew's money,
or some of it; and then appropriate it
md convert it to their own use, he
would be held responsible for their acts
In carrying out the conspiracy. if they
did carry it out. p If you are salts
fed from the evidence that he UNDER
stood that in some way Ballew was to
be tricked or defrauded out of his
money, thru or by means Of confeder
hteS he will be held responsible If it
was carried out. Whether Bal
lew expected the same money to be re-,
turned or that it would be exchanged
for its equivalent which would be re-
turned to him. would make 90 differ
ence in this connection If either is
shown. 1t is claimed on behalf of
defendant that Ballew put his money
in the hands Of stakeholder as a
bet On this point you are instructed
that even tho you find that Ballew
parted with his money by delivering it
or having 1t delivered to another to be
held as stake upon bet, if the evil
dence shows that he was induced so to
III INV ;.,
a conspiracy to defraud him (among
whom was the stakeholder); that the
betting of the other parties was mere
ly stimulated, the race a mere pretense
and a sham, and all the transactions
had with him merely part of a scheme
to obtain possession of his money by
trick, deceit or fraud, and then appro-
PIRATE and convert it; and pursuant
thereto the money of Ballew was ap-
propriated and converted to their use
by the parties so dealing with him,
this would also make out the crime
charged in the Indictment and if the
defendant was party to such con-
spiracy he should be found guilty On
the other hand, if you believe from the
evidence that Ballew gave his money
to a stakeholder, and the stakeholder
received the same in good faith, and
not pursuant ITO a scheme to appro-
pirate the same regardless of the event
on which the wager was made, in which
the stakeholder participated, then there
should be no evidence of wrongful talk
ing rs would make out the crime
charged. The defendant is not
responsible for the acts of others in
defrauding Ballew. If he was defraud-
ed, and the acts of such parties should
not be taken against him, unless it be
shown that he colluted with them to
that end. 1t should be observed, how
ever, in this connection, that it is not
for the defendant to make out such a
statement of facts as under the fore
going instruction would require his ac-
quittal, but for the state to show be-
yond reasonable doubt that the facts in
the case are such as to warrant his
conviction, before a verdict of guilty
can be rendered.
1T should carefully be borne in mind
that the fact, if it be a fact, that Bal
lew intended, In the transaction. to
take an unfair advantage over others,
is in itself no defense, and you should
your duties to make comparison Of the
conduct Of the defendant with that of
others, and 1t should be highly improper
for you to base your verdict on such
comparisons. The question for you to
determine, Is not whether the defend
ant from a moral point of view, is bet
ter or worse than Ballew; but whether
the defendant is guilty under the evil
dence and the law as given to you in
these instructions. excluding from your
consideration all matters that do not
bear thereon"
Mabray Case Continued.
Judge MCPHERSON filed an order IN
THE federal count here today continuing
the trial of J. c. Mabray ITO the March
term OF court. He says that he will be
engaged In sDes Moines until Dec. 4.
Mabray was to have been tried Dec. z.
MCPHERSON states that many OF the
defendants In the Indictment with Ma
bray have not been arrested and that
demurrers wdu no doubt be dled to