Omaha daily bee., 1910-03-18
John h. Beath Set Free Because of
Lack of Evidence.
s. E. H. GODDARD HAS CHOICE TOO
Evidence Given Against Him May Be
Thrown Out.
CASE SOON IN JURYS HANDS
Defense Has Not More Than seven
witnesses and Tonight or sat-
urdey WIN See Instructions
Given By Court.

EpochaI steps came fast in the trial Of
MabFay and his associates at Council
Bluffs yesterday, The prosecution rested
its case at 4:45 in the afternoon ana the
defense, after putting on two alibi wit
nesses for Willard Powell, announced that
1t would have but one more witness,
His testimony will be given this morning
and argument will then begin. The usual
formal motions are already entered IN be-
half of the defendants and one Of them
has been discharged. The fate OF another
trembles in the balance, but It is regarded
as altogether likely that the Jury will pass
upon Mabray's guilt and that Of ell his
associates except these two.
The testimony Of Powell5s alibi witnesses
was given at the night session, and It had
been expected that the case would be pro-
longed until midnight, but with the excep-
ton of the one witness, who was not in
the city, the defense was ready to rest its
case and proceedings went over until this
morning.
John H. Beath. defendant indicted as
a steerer, a sailer of the high seas about
Jacksonville, Fla, was discharged last
night at the opening OF the session. An
entry of an instructed verdict OF not guilty
has been recorded because OF the failure
of the prosecution to introduce evidence
against eBath. The witnesses against
Beath among them a mike from Bloom
| ington, ILL.,, credited to his list, begged off
and were at last excused, thus removing
the possibility of getting a conviction. No
other indictments will stand against Beath.
In closing, the prosecution fired another
shot at Powell, the Jacksonville race horse
man, charged with being steerer and Jockey
| for the gang at the Los Angeles and Dem
yer stores. He was for the third time iden-
titled in court by mikes as the man who
rode the races as Tom Rogers.
The testimony of DR.. ]. B. Tittcrington
of Dallas, Tex, is to be reviewed by Judge
Mcpherson at once, and II IS possible that
motion for the dismissal of the charges
against r. e. L. Goddard may be sus-
tained.
Court officials are inclined to believe that
Dr. Titterington was over-enthusiastic
when he partially identified Goddard in the
court room. Titterlngton's testimony was
incoherent.
SwensOn Fires Last Shot.
The closing hours of the prosecution were
filled with a flood Of testimony and docu-
mentary evidence introduced through ]. =.
Swenson, postoffice inspector, the man who
has run to earth the leaders OF the big
store" syndicate He also testified as an
expert in handwriting, thus putting many
letters and documents sent through the
malls anonymously into evidence through
comparisons with the known signatures of
Mabray and his lieutenants.
The exhibits now number more than 200
and include several hundred more docu-
ments which form parts OF each separate
exhibit. The accounts, codes, ledgers and
| directory of the Mabray gang are all in
evidence, despite a bitter fight made by
the defense. This evidence will be turned
over to the jury for examination when the
case is submitted.
Authorities CheapIy "Fixed."
] The authorities OF New York City and the
| whole state of New Jersey were, fixed for
$75 a week, according to the declaration of
one letter sent between members of the
gang read In court yesterday afternoon by
Assistant District Attorney Stewart
Fixing" was a regular item of expense
in the operation Of the branches of the big
store" IL the statements of the letters writ
ten by the operators and read In court by
the prosecution may be believed
A letter from Monte Mccall, written
while he was working in the Council Bluffs
store" to a friend and fellow worker
says:
''The newspaper here has been bad until
yesterday, but the paper came through all
right today"
A page from Mabray's log book relates
in the terse language Of his literary works
OF the kind:
Mike went to bank, could not draw &c
fixed bank, mike made good"
The remainder OF the account relates to
CONTINUED on Second Pagel