Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-09-10
Council Bluffs
ALL MIXES OUT OF COURT
Judge McPherson's Ruling on Evi.
dence Causes Lawyers to Act.
FIVE MORE CASES DISMISSED
Court Holds Character of Cases such
that IL was Impossible 90 Inn
plIcate Local Persons
As COnspirRtOrs.

The long procession OF mikes" who filed
into Council Bluffs Monday morning TO be
present in the United States district court.
where fourteen Of their suits against local
men to recover part Of the $3.50 900 they con-
tributed TO Colonel Mabray and his assoc
GATES filed out OF town yesterday with
completely dashed hopes and several dollars
poorer than they were a week ago. Every
one Of their suits, which they had come
hundreds, and In some instances, thou
sands, Of miles to prosecute, we're dis
missed upon motion of their attorneys,
Messrs Crawford and Robertson, when the
ruling OF Judge Smith Mcpherson made II
impossible for them to get to the Jury in
any OF their cases with the class OF testi-
mony they had to submit.
Judge Mcpherson was advised OF the de-
cision to dismiss all of the cases In time
Wednesday evening to permit him to recall
the order to summon twenty-five extra
jurymen from points outside Of Pottawat-
tamie county. but the formal action was
not taken until yesterday morning. on
the previous afternoon the Sutor case and
eight of the others were dismissed, and
yesterday morning the remaining five went
the same way. All were dismissed without
prejudice, following Judge McPhersons rul-
the private memorandum book containing
the names of all of the victims and steer
ers, with complete history OF each case
which was found In Mabray's effects when
he was arrested at Little Rock by Postof-
flee Inspector w. swenson. This was the
only evidence the plaintiff had to estab-
lish the necessary conspiracy to maintain
| the action in court, and which is said to
contain the simple memorandum at one
place, "B. Marks"
Judge Mcpherson held that any mans
name might have been written in the book
and that It was worthless as evidence OF
conspiracy.
| Attorney Robertson said last evening thai
he would have nothing further to do Will
any of the cases, for he felt it would b'
utterly impossible to establish the con
spiracy feature, but Mr.. Crawford said thai
/ new filings would be made in all Of thC
cases for the next term of court and tina
he would have Mabray and others on thu
stand. 1t is questionable, however, IL thu
! suits are not barred by the statute of limit
alton.
Judge Mcpherson declared again yester
| day in reviewing the evidence that Their
was not the slightest grounds for the belle
that any Council Bluffs defendants haC
guilty knowledge of the purposes Of TIL
Mabray scoundrels, and that the reasonable
view to take of II was that their creates
success and safety lay in secrecy, and tina
IL any outsiders were taken into their con
fIdence It meant division OF the loot ant
opening the opportunity for the looter
themselves to be blackmailed and robbed
of their gains.
After the dismissal of court yesterday
Judge Mcpherson went to his home at Re-
Oak, where he had a chance in the after
noon to meet about 5000. of his friends ant
neighbors who had gathered in the town {,
hold the annual county picnic