Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-09-06
REp-HoT ANSWER TO BANKS
PETITION IN MAYBRAY GANG
MONEY SUITS.
CLAIM lMMATERlAL MATTER
HAS BEEN BROUGHT FORWARD
Castle, of Britt, Says That Charge of
Gambling Was Brought to Intimidate
Him-some Of Those swindIed Ap.
pear to Be Afraid of Violence at
Hands Of Maybray Pals.
Special to Times-Republican.

Speclal 10 I1meS-Republicah.
Council Bluffs, Sept. 6-victims of
the Maybray gang offer some inter-
estlng literature in motions filed in
answer to the petition of the First Ma
tional Bank of Council Bluffs and 9TH
ers whom they have sued ito recover
some of their losses.
NJ. Jackman and George F. Castle.
two Mikes" who are suing j. C. Nav
pray and his associates and number
of Council Bluffs men to recover their
alleged losses, yesterday filed in ths,
district court motions to strike from
the court records the larger part of the
answers recently filed by the defend
ants in their cases The motions allege
that the portions of the answers OBJ
Jected to are redundant, sham, re-
dundant. prevalent and impertinent
matter. and statements that have no
substantial relation to the defense"
1t is the contention of the plaintiffs
mat the general denial of the answers
covers all matters not specifically adj
mltted. and that redundant and irreIe-
want matter has been written into The
answers
Jackman's Claims.
Jackman claims to have lost $4,000 en-
lake wrestling match in this city in
July, 1907. OF this sue, $4,000 Is claim
&c. to have been secured by him on a
check on the Swedish American BANK
OF Minneapolis, and the other $40 he
already had in cash.
Much of the recital in the answer of
what are claimed by the defendants to
have been the facts in relation to the
transaction, the court is asked to strike
out. Objection is also made to that
part of the answer which claims that
j. j. Spindler, cashier of the First Ma
tional bank had nothing to do with the
case. 1t is asserted that Jackman's pc
tition does not claim that Spindler was
concerned in the transaction and does
not make him a defendant.
Castle is alleged in his petition to
have been real estate dealer and
banker of Britt, Iowa. He claims 10
have lost $4,000 on a fake horse race
on Sept. Is. 1908. The answer of tn
local defendants in this suit sets out at
length allegations that Castle wrong
fully represented himself to be a real
estate man and banker and charges
that he was a gambler. 1t sets out
copies Of an indictment returned 10y
the district court grand jury of Han
cock county against him on Oct %,
1908. and a copy of the court record
showing that he pleaded guilty to the
charges of keeping a gambling house
and gambling, and paid fines aggrega.-
ing 1925.
Castles Poker Game.
Castles attorneys move to have all
this part of the answer stricken. They
claim, outside of their motion, that the
record shows that Castles gambling
consisted of playing poker for 50 stakes
and insist that it was merely a little
game of penny ante in Castles office
They argue that man who was sporty
enough to bet $1,000 on a horse race on
Sept. Is, could not on Sept. / have been
when he was playing a So game OF
poker.
\. A. Crawford, attorney for Castle
declared, in discussing the motion, thai
he believed the indictment against
Castle was brought about because Cas-.
tie was threatening to make trouble fol
the men who had swindled him. Ir
support of his opinion that desperate
measures have sometimes been takef
to intimidate victims who refused to
accept their losses quietly, Mr. Craw-
ford related the story of a Mike from
harrington, Iowa, who was swindlet
out of $1,000 in St Louis at the tirpe
of the worlds fair there and who, af-
ter he returned home and continued t.
threaten trouble for the men who haf
swindled him, was one night shot deae
by unknown persons who fired thru a,