Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-09-08
JUDGE MCPHERSON BECOMES AN.
CRY AT TESTIMONY IN MA
BRAY SUITS.
VICTIMS OF SWlNDLING GANG
MAKING POOR HEApWAY
Ten of the Suits Against Bankers and
Others to Recover Funds Dismissed
in Order to Secure Trial of Strongest
Ono - Federal Judge Admonishes
Plaintiffs Attorneys.
to Times Republican.

Special to Times Repuollcan.
Council Bluffs, Sept. S.-Incidents
even more exciting than any that oc-
Cured during the trial of j. c. Mabray
and his pals for swindling the people of
this and other countries out of $1,000
600. occurred today and yesterday il.
federal court in the trial of the case
one of fourteen civil suits brought to
recover 100000 lost to the Mabray
gang.
The defendants in the civil suits are
Benjamin Marks, reputed king gambler
of Council Bluffs in the days when
gambling was allowed full sway; the
First National Bank of Beatrice; Ern-
est E. Hart, president of the bank and
John j. Spindler, cashier of the bank.
1t was alleged that these defendants
had guilty knowledge of the operations
of the gang All the drafts used in the
swindles were cashed thru this bank
Late last night, at the conclusion of
a day of sensational clashes between
Judge Smith Mcpherson and witnesses
for the plaintiffs, the plaintiffs DIS
missed the Sutor case without pre-
iudice and called the case of W. IL
McGrath of Minneapolis, who sues for
the recovery of $4,000. The McGrath
case is No. II on the docket, and ow-
ing to ruling made at the time the
cases were set for hearing, that the
suits should be tried in their numerical
order, the plaintiffs, in order to get to
the McGrath case, We're compelled to
dismiss the nine cases between the
Sutor and the McGrath cases, which
was done.
Outside Jurors Summoned.
At this juncture the court ordered
the deputy United States marshals in
charge Of the court during this trial, to
summon twenty-five men from outside
this county, from whom to select jury
to try the McGrath case. The court also
made the task of the deputy United
States marshalS the more difficult by
requiring that the panel of twenty-five
men should be brought into court by
9 o'clock this morning.
Judge Mcpherson, during the Sutor
hearing. frequently admonished the
plaintiffs attorneys that they must es-
tablish prima facie case against some
one or more of the defendants, and that
If this was not quickly done he would
DISMISS the suit HolIOIlS SNldSllSS " eAo
brought out against Ben Marks but the
evidence as to the bank and it's of
fcers was very weak. Ira NJ. Day OF
Omaha, who, at the time Of the opera
ton of the Mabray gang, was employed
in an establishment located across the
alley from the rear of the residence
of Benjamin Marks. was an important
witness He testified that he many
times saw Mabray enter the Marks
home thru the rear or alley entrance
Sometimes Mabray was accompanied
by various members of his gang when
he visiting the Marks home. Witness
Day testified that he was able to ident-
ify Mabray and the others thru having
seen them in court during their trial
here last fall.
This is the first direct evidence
showing that Marks and Mabray were
working in cooperation. That Marks
aided the Mabray gang has always
been believed in Council Bluffs, but
no direct evidence to this fact has
heretofore been brought out
Mcpherson Becomes Angry.
AT one time during the trial Judge
Mcpherson became very wrathy. Will
liam Scott, Of Pawnee, Okla, an ad-
mitted member of the Mabray gang,
was testifying. He was telling what he
had heard various members of the or
ganization say relative to police and
county ifficers being fixed to enable the
gang to operate without molestation in
Council Bluffs; also of newspapers be-
ing fixed and leading citizens paid to
keep quiet.
at is an injustice to allow public
officers, financial institutions and
newspapers to be slandered by the
recitation of gossip of this gang of
scoundrels. This court will not permit
itself to become smut MILL" declared
the court with show of much agita-
ton.
A new witness on the case, whose
appearance added interest and spice to
the case, was Thomas Gale of Mime
sofa. former representative from
Alaska Gale was to have been a wit
ness in the previous trial but was not
brought here for some reason. He told
how he was swindled out Of $4,000 by
the gang.