Omaha daily bee., 1910-02-05
Council Bluffs
CASE TO JURY TONIGHT
Trial of Alleged steerer for Mabray
Nearing Close.
ARGUMENTS ARE IN PROGRESS
Attorney General Byers to Make Clos
ing Appeal for PrOsecutiOn-Her-
meIbrecht Called Back 70
witness stand.

witness stand.
The question of Frank SCOTS guilt or
innocence will soon be in the hands OF tht
iurv in district court at Council Bluffs.
The opening argument against the man
accused Of larceny as a steerer for the
Mabray gang was made by j. ]. Hess,
county attorney. Charles Harl occupied
the early part Of the afternoon session in
his argument for the defense. He will be
followed by Emmett FINLEY, his partner
Fl. w. Ryers, attorney general, will close
for the state.
The state closed the taking OF evidence
Friday morning by calling John Hermel-
brecht OF Bancroft, the complaining wit
ness and Mabray victim, to the stand.
Hermeibrechts redirect examination and
that of Postoffice Inspector Swenson VINO
preceded him, were very brief.
The close Of the evidence finds the de-
Tense with little before the jury in behalf
Of Scott aside from a number OF testimo-
malls from members Of his family and as
sociates tending to show his good char
acter, and scott's own denial of guilt en-
bodied in his story told the jury Thursday
afternoon.
The follow in many respects
those presented In the highly similar trial
Of John r. Dobbins.
Sheriff Dorsey was important among the
witnesses called Thursday afternoon.
sheriff Dorsey Again.
Sheriff Dorsey testified as the other wit
nesses In rebuttal did, that Scott's repu-
tation was not Of the best, in fact Dorsey
declared It was bad.
How did you happen to come back here
today asked Attorney FINLEY, of the wit
ness.
II was asked to-" replied Sheriff Dorsey
somewhat reluctantly 1t appeared.
who asked you,'' demanded FINLEY.
'Postofice Inspector Swenson," said the
witness finally.
..Well, why did you not say so in the
first instanee2 Why are you so afraid IL
you. came back at the Instance of Mr..
Swenson?'
II suppose 1t was you who gathered up
this bunch of witnesses and brought them
here from Fender said Attorney FINLEY.
mo"
well who did?"
inspector Swenson," replied the witness,
and with this he was permitted to leave
the stand.
scott Tells the Story.
Frank Scott took the stand during the
afternoon and told his story OF his con-
nection with the swindllng of JOhn Hermel-
brecht. He denied that he had ever re-
ceivsd one dollar of the money. which the
Bancroft farmer claimed to have been bun
coed out OF, although he had been promised
a share Of the piece Of money" which was
to be made out Of the horse race.
The defendant, who was quite composed
/ ~, the uitnaca-gtap nd told hie erOrv with
out hesitation and during the grilling
cross examination of Attorney General
Byers never once contradicted himself.
His story in brief was that a boyhood
friend, w. j. Connors. who was going
under the name of Richmond, came to
Pender and told him about a deal in
Council Bluffs in which there was a
chance for both to make a piece Of
money" Connors wanted him, so the witt
ness said, to mortgage his farm to raise
some money to, go into the deal with
him. but he, Scott, declined to do this.
Connors then suggested that Scott hunt
up someone else who put w the money.
Copnors said he would get half and would
give Scott half of what he, Connors, re-
ceived on the deal.
Scott suggested some saloonman he
knew, but Connors said a saloonman
would not do.
Enter HermeIbrecht.
He said he wanted some good honest
farmer who could put up the money"
said the witness. John Hermelbrecht, the
German farmer of Bancroft, then came
into the story. Scott brought Connors
and Hermelbrecht together. Hermel-
brecht was willing and the rest OF the
story varied but little from that told
by the other Mikes except that Scott
all along insisted he did not profit finan-
cially by the Fleeing Of the good honest
farmer Hermelbrecht.
Some time after the date Of the race
in Council Bluffs, Scott said he met Con-
nors at Wayne, Neb., expecting to get
his share Of the ''swag." but onnors re-
fused to divvy up and told Scott to go and
get some man and take him to Council
Bluffs and make some money the same
way he had done.
On cross examination the witness de-
MED fatty telling Postofflce Inspector
swenson last December that the money
he got out of the Hermelbrecht deal he
got from Billy Connors. He also denied
asking Campbell to buy off Sheriff Dor
sey as Dorsey's was the only testimony
he was afraid OF.
Colonel ], fs Stokes, an attorney OF
Craig, Mo, which was the defendants for.
mer honey testified regarding efforts tc
secure a bond for Scott. He said tina
Campbell. in discussing the matter, de.
olared he did not know whether his son.
in-law was guilty or not, but that he ought
to be In the penitentiary, anyway. Camp.
bell, Colonel Stokes said, was unwilling
that any effort be made to secure bond
for his son-ln-law and expressed a deslrt
to rave him remain in Jail.
Mayor Mcnamara testified to Scott,
character being good. He was the las
witness for the defense.
SEARCH FOR CENSUS TAKERS
Examinations VIII he Held Saturday
fn Court House.
The civil service examination of appli