Omaha daily bee., 1910-02-03
CASTLE IN SCOTT CASE
Country Banker of Iowa is Feature Of
Mike Trial Again.
HERMELBRECHT IS CALLED HOME
Farmer who Was bumped
out of $4,000 by Mabray
Gang Goes 20 Attend
sick son.

John Hermelbrecht, a victim Of one OF the
Mabray races at Council Bluffs. F. II.
Castle, a country banker from Britt, Ia,
put on the same amusing sketch that fea-
tured the trial Of John r Dobbins, Will
liam Brown. a farmer from Norton county,
Kansas. who lost a matter of 5000 on a
race similar to that in which Hermelbrecht
became so unfortunately enthusiastic, was
put on the STAN at the opening Of the
day.
Hermelbrecht has been excused to go to
his home at Bancroft, Neb., because Of the
serious illness OF a son. The hearing is in
many ways following the lines of the Dob
bins case. The defense has not yet given
an intlmation of its probable line of action
following the close Of the states evidence.
The state will possibly conclude Thursday
morning.
Family Jar Out I'm Court.
John Hermelbrecht, the prosecuting wit
ness, and II. G.. Campbell, an aged farmer
who will be so years old in April, father
in-law Of the defendant, divided honors as
the star witnesses in the trial yesterday
Of Frank Scott. alleged ',seeerer'' for .hS
]. c. Mabray gang Of big store swind-
lers.
The story told by Hermelbrecht of the
WY ~ Ah[A ~ hoRRNtAN1 ~ ehN -
5000 to the gang Of alleged millionaires
varied but little If anything from his tes-
timony in the trial of John r. Dobblns.
last November in the same court room.
Campbell, however, was & new witness
and his cross examination by Attorney
FINLEY for the defense, was one Of the
features of the proceeding yesterday, The
examination of w. H.. Bedford. of Boil
CHOW, Mo-, an alleged victim Of the Ma
bray gang who was placed on the wit
ness stand during the afternoon, was
Interrupted in order to take the evidence
Of Campbell who was anxious to return
to his home.
Campbell is almost deaf and nearly
blind owing to catarscts on both eyes,
but despite these infirm1ties he proved a
somewhat aggressive witness and his evil
dence was decidedly against the defend
ant, his son-in-iaw.
Poor Opinion of sOn-in-Law
Counsel for the defense tried to show
that Campbell was prejudiced against his
son-in-law and the witness did not take
especial pains to show that he did not
have any particular ondness for the man
who had married his daughter.
Attorney FINLEY during the cross exam
ination asked the witness: us 1t not a
fact that you have no use for your SON
in-law, the Defendant" The aged wit
ness after celebrating some minutes over
his answer replied:
We'll, to tell the truth, 1 have seen
men l have thought more Of"
Campbell was evidently anxious to- tes-
tify that his son-in-law, according to
his statement, had come to him and told
him all about beating the Dutehman out
Of 5000 shortly after the visit Of Her
melbrecht to Council Bluffs. On being
pressed, however, to dates, Campbell was
Of the opinion that his son-in-law told
him about the deal in the fall Of 1907,
whereas Hsrmelbrecht claimed to have
gone up against the Mabray gang in
April, 1908.
Counsel for the defense tried to make
Campbell admit that he had told his
daughter, wife of the defendant, that II
she ever signed any papers placing a
mortgage on her farm in order to assist
her husband in getting out of the scrap he
would send Scott to the penitentiary.
Campbell vigorously denied this, but his
further testimony indicated tbs he had
been considerably angered when he learned
that a mortgage had been placed on the
farm to secure the men who had fur
AANNA~A - beAA DpA1 " hI1 oOilTIl-lhWs H
A Few HermeIbrechtiAms.
John Hermelbrecht's recital Of his ex-
periences with the Mabray gang proved
exceedingly entertaining as it did when
he was a star witness at the Dobbins' trial.
Several times the replies Of the witness
to questions Of counsel convulsed the large
audience in the court room and the bailiff
was forced to rap for order.
In reply to Attorney General Byers as to
nature Of his business, Hermelbrecht
stated he was a farmer and in the stock
business. yes, but are you not interested
also in a bank?" asked the attorney gen
eral.
"oh, yes, but I don't call that business
replied the witness.
Another time while telling of a CONVEX
sation with a certain businessman of Ban
croft, counsel asked Hermelbrecht If the
person he mentioned was a man of good
standing in the community.
We'll, 1 don't know exactly, but 1
think he is bit lame" replied the wit
ness and even the court had some diff
Guilty In smothering a laugh.
Point for Defense.
At the trial of John r. Dobblns, Judge
Green permitted the state to introduce thu
testimony of w. H. Bedford of Bolckow,
GNt AONAA oAN6NQ NlcNlh OF InG MaDraY
gang to show that the defendant with
other members OF the gang were engaged
In a conspiracy to defraud persons out Of
their money. Yesterday when the state
called Bedford to the stand, the defense
objected strongly to the admission OF his
testimony. Judge Thornell sustained In
part the objection Of the defense and said
the testimony OF the witness would only
be allowed as showing that the represen-
tations of the men engaged In the al
legged swindiing game that they were mill
~honaires were false and that It could not
be admitted to prove conspiracy on the
part Of the defendant and others. The
court so instructed the jury, and directed
that the evidence of Bedford be considered
FOR NO other purpose.
The examination, of Bedford brought out
nothing, but what had been. recited at the
Dobbins trial. At the conclusion OF his
examination, the court adjourned untn
this morning.
George F. Castle OF Britt, Ia, another
alleged victim OF the Mabray syndicate
arrived yesterday and viii be It Is under.
stood, the first witness placed on the
stand this morning by the state. The
state Mr.. Byers said yesterday. would