Omaha daily bee., 1910-02-02
Council Bluffs
PLAYS TO WIN AND LOSES
John HermelbreOht Thought He Could
Beat the Mabray Game.
THAT'S WHY HE WENT AFTER IT
SO He Tells An Court where the Mat
ter OF HIS Five Thopsand Dol
lars is Charged up to
Frank scott.
He played 10 WIN and u.

He played to win and lost.
Il went straight home and tells mine
frau dot 1 loose 5000" declared John Her
mslbrecht, a Bancroft farmer, complaining
witness against Frank Scott, on trial in
district court at Council Bluffs, charged
with larceny as a steerer for the Mabray
gang. which Is alleged to have mixed the
Innocent German by a fake horse race.
Hermelbrecht was the first witness called
when the state began the taking of testi-
mony. Hermelbrecht told his story with
the same frankness that he did as a wilt
ness against John r. Dobbins In the notable
case brought by T. w. Bellew. the mil
iiohaire banker-mike from Princeton, Mo.
To. those in the court room who had heard
the Dobbins trial there was a very appar-
ent change IN tactics on the part Of the
defense as compared with the Dobbins
case. Emmett FINLEY, lawyer for the de-
Tense, conducted the cross-examination in
a much more gentle way than he did when
he was engaged IN the process Of putting
"Buck-em-Ail' Hsllew on the grid.
Hermelbrec6t told his story under the di-
rect examination OF II. w. Byers, attorney
general, who is leading the prosecution.
The examination of this witness probably
win take up the entire. day.
The defense did not Overlook the point
brought out in the Dobbins case in en-
deavoring to make the mike confess to
culpsble motives in getting into e race
scheme.
You thought you would get somebody's
else money sure without risking your
owh2' asked the lawyer.
Sure, I vas sure der ben no chance to
lose" answered the candid farmer.
The jury selected to try Scott is com
posed as follows: G. p. kemp. II. steffen-
sen, r. C. Hartwell, f. A. Fox, C. w.
Boyer. William Umble. s. T. McAtee,
Claus Rus, ". II. Spies, Louis Whitehead,
F. a. Messmore and Peter Smith. with the
exception of Hartwell, who is a farmer of
Harden township. the members of the jury
are residents of Council Bluffs.
At the close Of the opening statements of
the counsel, Judge Thornell adjourned court
until this morning and placed the jury In
the custody Of Captain l.. b. Cousins, the
court bailiff. The jury, while engaged in
the trial Of the case will occupy at night,
the new quarters fixed up in the large
room formerly known as Farmers hair in
the basement Of the, court house.
Byers HELPING In Case
The opening statement for the state
was made by County Attorney Hess while
that for the defense was made by Attor-
ney Emmett FINLEY. In reply to a query
from the court as. to the probable length
OF timssthe trlaIsof the case would take
County Attorney Hess said he thought
1t would occupy three or four days at
least. Judge Thornell accordingly ex-
cused the members OF the petit jury panel
not engaged on the case until Thursday,
unless notified that they need not appear
until a later date. fi0 - '""ir''~ 'H"''''
Attorney General II. w. Byers Is present
and assisting County Attorney Hess in
the prosecution OF the case on behalf OF
the state. Scott is defended by II. o.
Ouren and Harl & Tinley. Col. Stokes
of Craig, Mo-, attorney OF Craig, Mo,
which was Scott's home before he moved
to Pender, Neb., is In attendance but is
not expected to take any active part in
the defense.
John Hermelbrecht, whom Scott Is
charged with steering against the Ma
bray gang, Is on han and will, 1t is ex-
pected, be the first witness for the state
this morning Hermelbrecht kept in the
background while the jury was being en-
paneled but as soon as County Attorney
Hess commenced TO make his opening
statement to the jury and describe the
methods Of Mabray and his gang by which
they parted their victims from their
money, he became deeply Interested and
moved up to the front SO that he could
hear all that was said.
Empaneling of the jury was but par
TALLY completed at the time of the noon
adjournment for dlnner and but four OF
the twelve peremptory challenges al
lowed had been exercised. AS Attorney
FINLEY was engaged In an examination Of
q witness in the Soldier ditch matter
brought here from Harrison county, which
was had before Judge Wheeler in the
other court room, Judge Thornel at
noon ordered an adjournment until
o'clock in the afternoon. The empaneling
Of the Jury was completed shortly before
5 o'clock. sG,.f &