Omaha daily bee., 1910-03-10
Three Members of Gang Plead Guilty
While Others stoutly Protest
Their Innocence.
ALL WILL FIGHT FOR LIBERTY
Seattle Trio Pins Faith on Mercy Of
the Judge.
MARSH DIsCLAIMS COLLUsIoN
Says He Would Hang Before Testify
ing Against Others.
FAMOUS TRIAL BEGINS TODAY
Government aud Defense Have Called
Together One Hundred ana Two
witnesses for the Council
Bluffs Case,
ILL WILL FIGHT FOR LIBERTY
ANGUS TRIAL BEGINS TODAY


John c. Mabray and twelve co-defendant
who appeared in United States court
Council Bluffs yesterday will stand trs
and fight for their liberty. Three-the Sc
atte members OF the gang-Bert Shoret
Wnford Harris and ole Marsh-declded 4
take their fate as suits the court an,
pleaded guilty, after first assuming tn.
same attitude Of innocence as their fellows
Mabray and other principals are almos
aggressive in the stand that they haw
taken and stand by their pleas of no
guilty. The trial promises to be BATH,
of witnesses and many technicalities.
When the defendants present in oour
were lined up for arraignment before judge
Smith b. Mcpherson, the Seattle trio an
swered up stoutly, mot guilty" as theh
names were called.
They left the court room together, ant
two hours later returned to enter pleas OF
| Guilty" throwing themselves on tho
mercy of the court
Marsh viii Not "PeRch."
Marsh according to report, and, In fact
a general understanding was to have been
witness for the prosecution. This he nov
denies declaring that he will on no con-
dition take the witness stand against his
fellows.
II would hang before I would take the
stand in that case" declared Marsh.
Il came to my own conclusions in regard
to this plea Of guilty. The three Of us
talked 1t over for two hours after our ar
raignment and then decided to take our
medicine, whether it be fine, Jail sentence
or pententiary."
Did you not have some sort of an agree
N regard tO
that plea of guilty?' he was asked.
absolutely none" was the answer,
why, l have not even talked to those
fellows for the government" continued
Marsh, smiling.
"tf / could have had separate trial l
would have fought it to the last ditch, but
rs It stands now 1 thought 1t best to plead
! guilty. 1 don't know how much, they may
have against the rest of those fellows.
ghey were to try us together"
Trio out Under bonds.
Marsh, who is better known as Joe Car
rol, together with Shores and Harris were
arrested at Seattle last fan. They have
since been out on bonds. The three prob
ably will not be sentenced until the COM
pletion Of the trial of their fellow-defend-
ants They will, however, remain In Coun-
Gil Bluffs until the completion OF the case
! The trial proper will begin before Judge
Smith B. Mcpherson at 10 o'clock Thurs
day morning. The session will be imme-
diately occupied with the impaneling OF the
jury. All preliminary matters concerning
motions having been decided.
! The court has prepared for long IlEhI'
Night sessions will be held.
| Judge Mcpherson will demand prompt
ness and punctuarty on the part Of all
concerned in the case
'If the defendants can't get here on time
viii have to take steps that will secure
their presence here at all times he de-
clared, when several defendants were re-
/ ported tardy.
| The government and the defense have
called together 1902 witnesses, most of whom
are now in Council Bluffs.
! Among the most important of the wit
! nesses for the prosecution will be four OF
the defendants who despite their formal
| pleas of not guilty In court are to turn
states evidence and throw themselves on
. the mercy Of the court. These men are
Frank Scott, j. e. Coons and Ernest
/ Fenby. The governments long list
nesses includes scores Of people coming
from all sections OF the country, many
of them village postmasters and inspec'
tors from other districts. The story Of J. s.
Swenson, postoffice inspector, will be
among the most important OF the prosecu'
tion's offerings in evidence.
Among Those Present.
Those of the gang" who appeared ia
person entering pleas of mot guilty" werei
Leon Losler, Battle Mountain, New.
| Ed Leach, Montrose, la.
John r. Dobbins, Centerville, Ia
J Robert Goddard Fort Worth, Tex.
/ Clarence Glass, Chicago.
Clarence Forbes Chicago.
Harry Forbes Troy, N Y.
Winford Harris, Spokane, Wash
John II. Beath Jacksonville, Fla.
George N, Marsh Seattle, Wash.
Edward K. Morris Troy. N. Y.
Bert Il. Shores. Seattle, Wash.
Those who appeared by counsel enterlnG
pleas Of mot guilty and waving arraign.
ment, were:
Millard Powell Jacksonville Fla.
Frank Scott, Pender Neb.
T, S, Robinson, Farmlngton, Ia.
number of other defendants are yet I.
appear Among these ]. M Coon OF shep-
herd Mich, and Louis w. Stone, Miles
city, Mont.
MHbray n Good Listener.
John c, Mabray, alleged leader and gen
GRAZ IN al OF the operations charged to thl
vast array OF defendants, appeared In court
as an interested listener. He himself had
no part in the proceedings. He entered a
plea Of not guilty at his arraignnent in
| court on December T. 1909
Mabray came from the jail at Council
Bluffs TO the court room in the custody
OF w. w. Groneweg. deputy United States
marshal. Mabray was resplendent IN a
| new suit OF sober gray freshly shaven nd
the height Of good humor His tie was Of
a frolicsome. happy tint.
you may say for me that am Innocent,
neither liar nor thief. and In good
health" said Mabray as he took his seat
near the press table
Mabray then turned IN his chair and
surveyed the long row OF defendants with
an air Of interest There was a twinkle
OF smile as his eye shifted from one
TO another OF the crowd.
After the formal proceedings OF the ar.