Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-11
GAY SQU[ALS ON Pals
ONE OF THE MAeRAY GANG
isTEERERs FIRST WITNESS
FOR THE STATE
TELLS OF FAKE RACE
IN WHICH HE HAD PART
Jury Completed at Council Bluffs and
Taking of Evidence is Commenced
Court Scores Some Of the Men Sum-
moned as Jurymen For Talking With
Defendants.
Special to Times Republican.


Council Bluffs, March 1.-THE de-
cision of the three Seattle men to plead
guilty in the MabEay case, caught quite
a number of newspaper men and even
the Associated Press correspondent
mapping. The men returned into court
an hour after all had lined up before
Judge Mcpherson and had plead not
guilty" and entered a plea of guilty"
AS the court. had announced that the
matter was disposed of for the day the
newspaper men had scattered.
Ole Marsh, one OF the three
to, change their plea to guilty.
is one of the men whom. it
is understood the government has re-
lied upon to turn states evidence. Ihls
he denies. declaring that he will not
take the stand against his alleged pals.
II would hang before / would take the
stand in that case he said to q re-
porter.
Il had no assistance in coming to q
conclusion in regard to a plea OF guilty.
The three of us talked it over for two
hours after our arraignment and then
decided to take our medicine, whether
it be a fine. Jail sentence or pen1ten-
tiary''
did you not have some sort OF ar
agreement with. the prosecution in re-
gard to that plea of guilty he was
asked. "A;
absolutely none was the answer.
These three men, will probably not
be sentenced until after the conclusion
Of the trial of the others.
Mahrav Eninvinn AinoseIf
Mabray appears to get considerable
enjoyment from a contemplative exam
ination of the other fifteen defendants
as they are lined UP in the court room
and he smiles la crescendo asshe lets
his gaze wander from one to the other
of the crowd. Is he recalling past
events? Mabray is always communi-
cative and always good natured. He is
affablenesS itself and this is said to
explain, in IL measure his success as an
organizer and his great influence over
men.
Half in soliloquyia and half in answer
to the query of a couple Of newspaper
men-Mabray. after several moments
of silence, said quietly: Il do not bear
any ill will or grudge against anyone
on earth, but when I get out, which
will not be long now, l have a thing
or two to remember on both sides Of
the score Mabray is the picture of
good health, and when some one re-
marked that he did not show any signs
of confinement, he said: mo, and I've
been III jail fourteen months. and for
fact haven't missed a meal. Even
when they We're shifting me from Des
Moines to Council Bluffs jails it was
on a train with a dinerf and was
always at the tablesto make out a good
hand.'
Jury is Completed.
The selection of the jury proved
more than usually tedious. Strange as
it may appear, large number Of
prospective jurymen said they had MOI
heard Of the Mabray cases. The mn,
Der of men who gave their occupatlon
as retired farmers was surprising.
Judge Mcpherson caused quite little
stir at one time in the, proceedings,
when a member of the panel, answering
questions said he had overheard diff
ferent persons at the hotel where he
was stopping, talking OF having been
feeced by the Mabray gang.
Did they know you were jury
man % fiercely demanded the court.
81 couldn't say" was the reply.
can you polnt any Oh tAlein OUT III
the court room 2?
Il will give them enough to keep
them busy for several days if they can
be apprehended and identified" con-
cluded the court.
Extra precautions Will be made to
keep the jurymen from coming in con-
tact with the general public. The jury
as constituted, is as follows:
y y J,,,t,, tive fc
James Sitter, Atlantic. retired mer-
chant; Charles Grumkow. Persia,
H. P. Mundt. Manning, re-
tired farmer; T. E. Koolbeck. Harlan
harness maker Gales Penrod, Logan,
jeweler; Frank A. Foote, Logan. re-
tired farmer: w. l.. Paup, Harlan, re-
tired farmer; /. w. Deems, Harlan. re-
tired farmer; d. P. Robertson, Man
illa painter; j. b. HarriY Logan, road
contractor and road supervisor; "A. F.
Hollander. Schleswig, farmer
Tom Gay, Steerer, First Witness.
The first witness introduced by the
was Tom Gay. of Streator.
ILL.,, one of the steerers in the swindling
Of James Tierney, of Streator. in a
fake wrestling match in New Orleans
in 1905. Tierney lost $4,000. Gay. be-
fore he was allowed to retire. also told
of his connection in the swindling of r.
{. : W S!h.:i!i! CT n i..,,eanois. who was
swindled on a fake prize fight in this
city District Attorney NJ. l.. Temple
conducted the examination of the wit
ness for the government.
Z Gay, sitting in the witness box. look
ed straight into the faces of his former
IT