Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-02-02
BYERS AIDING STATE
ATTORNEY GENERAL APPEARS IN
PROSECUTION OF MA1RAYs
PAL, SCOTT.
RAILROAD ATTORNEYS
INTERESTED IN DEFENSE
Lawyers For Scott Succeed in Landing
Three Rail Employees on the Jury.
Farmers Conspicuous by Their Alb
sence-Mrs. Scott, Wife of Defendant,
Attending Trial.
to Times Republican

Council Bluffs, Feb. Attorney
General Byers conducted the examina-
ton Of John Hermelbrecht, the states
principal witness in the case of the
state against Frank Scott, one of the
alleged Mabray steerers who heeced
Hernelbrecht out of $1,000. Hermel-
brecht's story was substantially as
forecasted in these dispatches and did
not vary materially from his statement
given before the federal grand Jury
and in the Dobbins trial. where it was
the feature of the case. The only new
feature brought out in the trial today
was the statement by Hermelbrecht Of
| the manner in which he became ac-
qualnted with Scott. He testified that
While on the train coming from Pender
to South Omaha with cattle, he met a
young man named Roy Fletcher and
Scott Scott had a shipment of cattle
for South Omaha also and on arriving
at South Omaha the three We're much
together. At this time, however, Moth
ing was said about horse races or any,
thing of the character the first APP
proach to the game being made in d
brecht is German and talks with a
marked brogue which gave a delightful
flavor to his testimony and his naive
replies to question propounded by the
attorneys and the court, raised numer-
Gus laughs in the court room.
Mrs. Scott who is a comely young
woman, modestly yeet well dressed, sits
by the side of her husband during the
trial She appears greatly interested in
the proceedings and occasionally en-
cages in conversation with her husband
and attorneys. Interest in the trial
and in the Mabray cases appears not to
have diminished in the least, seats in
the court room being at a premium
from the opening Of the case and even
during the selection of the jury.
The personnel of the jury is quite in
contrast with the membership Of the
men who decided the fate of John r.
Dobbins. The Dobbfns jury with two
or three exceptions We're farmers. while
the Scott jury has but one farmer upon
it. Another feature in striking contrast
is the presence of three railroad men
on the Scott jury, whereas on the Dob
bins jury there were none. Some have
called attention to the fact that the
leading attorneys for the Mabray men,
the attorneys for practically every rail-
road line running into Council Bluffs.
The presence of the following railroad
men on the jury, for this reason, is
comented upon: F. A. Messmore, yard
foreman for the Northwestern rail-
road; Louis Whitehead, stenographer
in the Burlington offices at Omaha; w.
III. Spies, car inspector.
See Hope for Dobbii1s II Ruling.
From lawyers standpoint, the rul-
ing of Judge A. B. Thornell on the
question of admitting testimony of
mikes" other than John Hermelbrecht,
in the trial of Frank Scott, indicted
in the district court on a charge oil
larceny in connection with the swindle
of Hermelbrecht out Of $4,000 on a,
fake horse race in this city in the
spring of 1908, was the big feature of
the opening of SCOTS trial.
The question was put up to Judge
Thornell when, following the evidence
of Hermelbrecht, the state called to
the stand W. H. Bedford, of Bolckow.
Mo- Bedford it is alleged, was swindled
out of $4,000 on a fake horse race in
the summer following Hermelbrecht's
experience. He was one of the star
witnesses for the state in the trial of
JOnn Il. l)OODlnS ldSI DeCelnDef. JuuSe
ThornelPs ruling on the admission of
his evidence fixes the status of the tes-
timony' of several other Mabray victims
who are expected to testify in the Scott
trial.
Judge Thornell ruled that the testi-
mony of Bedford and other victims Of
Mabray swindles was admissible in
the Scott trial solely to show that rep
reservations made by Scott and his al
legged co-conspirators to Hermel-
brecht were untrue. Evidence of these
witnesses will be limited in the Scott
trial to this point.
Judge W. r. Green, in the Dobbins
case, admitted the testimony of other
Mikes for the purpose of showing a
general conspiracy.
Attorneys for Scott also represented
Dobbins. They claimed yesterday after
noon that Judge Thornell's ruling, If
followed by the supreme court, would
overthrow the verdict in the Dobbins
case.
Attorney General Byers, on the other
hand, declared that Judge Thornelrs