Omaha daily bee., 1910-03-20
Some of the Defendants for First
Time Hear Law Expounded.
MABRAY IS AGAIN AGTTATED
Shows Some of the Feeling He Dis
played the Evening Before.
JURY STOPS TO EAT A BITE
At Seven O'Clock Twelve Jurymen
Went to Room to Deliberate
what to Do with the
Defendants.

The question of the guilt OF John c.
Mabray and twelve codefendants in the
prosecution Of the big store gang is now
under consideration by a jury in United
States court at Council Bluffs
The jury began It's deliberations yester-
day afternoon at o'clock, when Judge
Smith Mcpherson completed his instruc-
tlons, which occupied an hour.
At 8 o'clock last night the jury adjourned
for dinner and was taken to the Grand
hotel under guard fthe United States
marshal and deputies. After dinner they
returned at o'clock to the jury ROOM
The men whose liberty is now at the dis
posal Of the twelve village merchants and
farmers in the jury ROOM are:
John c.! Mabray, I'D Leach,
Leon Lozier, e.. Harry Forbes,
Frank Scott, Clarence Glass
y. >. Robinson, Edward n Morris,
Ed Mccoy, Robert e. Lee Goddard
Mabray and the dozen OF his associates.
nine of whom had been at their liberty on
bond, are in the county jail, where they
Will remain until the verdict is erturned.
The turymen filed out Of the room fol-
lowing the delivery OF the instructions. The
judge ordered the defendants all taken in
charge by Frank Clark United States
marshal. They were taken to the county
Jail, searched, booked and locked up Many
of these defendants had not before been
in jail In connection with this case.
Jail Fare Now.
Instead of the sumptuous fare that they
have been enjoying about the hotels of
Omaha and Council Bluffs during their
trial these loud vested gentry will until the
jury decides enjoy the somewhat plain ac-
commodations Of the Pottawattamie county
jail.
When court oponed yesterday afternoon
at O'clock two OF the defendants on trial
larence Class and Clarence Forbes both Of
Chicago, were absent. Secret service men
and deputy marshsls. in Omaha and Coun-
oil Bluffs were spread out over the city
The two men were found near the court
house and hustled into the room. The de-
PENDANTS were lined up In answer TO the
roll call. The roll of. the jury was called
and the delivery OF the instructions began.
The question Of the guilt of Robert E.
Lee Goddard Of Dallas, Tex, charged with
steering DR.. j. b. Titterington, was taken
up by Judge Mcpherson In his instructions
AS to the defendant Goddard, you will
consider the time that he was at New Or
leans, at which time DR.. Titterlngton claims
to have lost s. 900, This evidently was some
time in 1906, but Just when in that year
does not satisfactorily appear. The evil
dence does not show that tho defendant
Goddard was at any time thereafter en-
gagged In any conspiracy such as charged in
the Indictment. AS to the defendant God
card the government must show to your
satisfaction and beyond a reasonable doubt
that what the defendant Goddard did was
Ihann 80,
and for the reason that three years is the
period OF the statute of limitations and the
Indictment herein was returned September
2S, 1909.
As to Mr.. Goddard.
Therefore, unless you find that Goddard
was connected with conspiracy subse-
quent to September %. 1906, he is entitled
TO an acquittal. The witness, DIR. litter
lngton, was apparently in a chaotic frame
OF mind when on the witness stand and in
answer to the question when he lost his
money he said that he could not state
whether Il was in 1904. 1905 or 1906"
The court room was packed through the
Iast hour OF the trial. Lawyers from Omaha,
Council Bluffs and surrounding cities were
mere to be In at the finish The crowd Of
ordinarily curious spectators packed the
room TO overlooking and lined the halls.
Maoray displayed nervousness as on the
night before He expressed no confidence
In the outcome. The other defendants were
considerably crest-fallen when they were
bundled off to Jail. Mabray, Leon I.ozier
and Eddie X. Morris, the negro pugilist
have been In jail since their arrest
Judge McPherson's instructions were long
and In many places drastic and highly
technical They produced a marked effect
on the defendants, who had for the first
time heard the law in the case expounded
In It's entirety The lawyers for the de-
Tense entered exceptions to large num-
eer Of clauses. These exceptions were