Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-03-11
THREE "wREsTLERS' ON STAND
Fell of Turning $4,000 Trick One
Day at New Orleans.
PLAYS IMPORTANT ROLE
Transmission Through Nail Part of
Technical Charge.
ANY WITNESSES YET AVAILABLE
Prosecution Has 124 More who Can
BE USed i'm Cases Against Nabrny
and His Eighteen Fellow
Defendants.

Defendants.
! Testimony OF members Of the big store"
gang and its victims began the trial OF
John c. Mabray and eighteen fenow-de-
PENDANTS before jury OF farmers and
tradesmen in United States court at Coun-
Gil Bluffs yesterday The prosecution has
opened fire with the stories told by work.
| ing members Of the gang who have been
treated to the immunity bath. One hundred
and twenty-seven witnesses for tho govern
ment are available in court, including a
vast array Of mikes" and mixers who
have turned states evidence.
Mabray has burned his bridges behind
him and thrown down the gauntlet for a
| battle in his refusal to accept a PROPOSE
tion for a plea of guilty. on the condition
| that he should enter plea of guilty in
federal court and give testimony before the
grand Jury of Pottawattamle county with
reference to men under suspicion but yet
not indicted, the ten indictments against
| him in the state court at Council Bluffs
were to be dismissed
Mnbrny stands Pat.
You can hang me first before / will turn
on those fellows" Mabray is quoted as
having answered the proposition made by
W H DStlSt dllpiutS BtutTdl OF iowa.
Thomas Gay of Streator Ill; Ernest
Fenby of Shepherd, Mich, and James e.
Coors of Oswassa, Mich wrcstlers who
worked for the gang were the principal
witnesses Of the day. c. A. Nelson, a
farmer from Alma, Mich, who was VIC
tlmzed for $1,000 on the typical Council
Bluffs horse race in the fan of 1905 also
told his story. Gay, Fenby and Coons,
while under indictment, are not to be pros
ecuted in federal court, according to the
understanding reached, Fenby and Coons
have not been arrested and came to Coun-
ell Bluffs on subpoenas.
Through the testimony of Fenby, the
prosecution scored point in connecting
Mabray with part of the anonymous cor
respondence of the gang.
The names of the jury which Is hearing
the case are:
Eight FaFners- ON Jnry.
T. b. Koolbeck, harness maker, Harlan
Charles Graukow, retired farmer. Persia.
A. p. Hol ander, rstited farmtr r, Schle wig.
d H. Roberts, printer Mania.
Frank A. Foote retired farmer Logan.
w l.. Paup, retired farmer, Harlan.
James Stier, retired grocer Atlantic.
j. II. Penrod, jeweler, Logan.
j. B. Norris farmer, Logan
/. w. Boems, farmer, Harlan.
G. M. McCOrd, farmer, Harlan.
II. +, Mundt, farmer, Manning.
after three hours of fast work. The exam
ination of the talesmen was brief and in
marked contrast to the procedure that OBJ
tanned I'm the impanelling OF the jury which
tried John II. Dobbns In the state court,
the first trial OF a member of the gang.
Farmers constitute majority OF the jury,
while the remainder are tradesmen. Most
of the members OF the panel are men past
middle age.
When court opened three more defend
ants appeared and were arraiRned and
pleaded not guilty. They were Ed Mccoy
of Salt Lake City, Fred s. Null Solon
Springs, Wis. and George II. Morrison,
Superior, Wis. This brings the total num-
Der of defendants up to eighteen.
Thomas Gay came all the way from Chi
cago to be arralsned. bat when he at
tempted to plead guilty, he was showed"
back in a chair by Colonel Marcus Temple.
Mike Wagner Of Denison and C. H.
Sampson of Audubon talesmen, told tho
court that they had been approached by
a man who told them he was a mike"
and attempted to get them to talk about
the case The talesmen did not know what
the mans name iH, but both assured the
court that they would Know him II they
saw him again
John r. Dobbns and Ben Marks were
granted continuances until next term of
court. They both out on bail
Jury Given Special warning.
In his charge to the jury Judge McPher-
son urged them to the greatest caution in
positive terms.
THE town is full Of detectives and spies
on both Sides" declared the Judge. make
no mistakes"
1T seems TO me that there is a bevy of
men about here who are attempting to
peddle out what they cali facts. You will
try this case on what you hear from the
witness stand"
The opening statements were made by
Marcellus L. Temple, district attorney, for
the prosecution, and Emmett Tlnley Ma
bray's lawyer, for the defense.
Colonel Temple gave a generalized state
ment of the methods of the Mabray gang
and defined to the jurymei their duty in
the case on trial as only to auolde whether
or not the defendants were guilty Of hav-
ing used the mails in the preparation OF
fraud. The crimes involved In these frauds
themselves. he emphasized, weer to be pun
ished by the state courts having jurls-
diction.
Mr.. Tiney made much OF the technical
phase Of the case In relation 10 the question
OF the use Of the malls and followed this
lead painstalSingly ia the examination OF
witnesses.
Thomas Gay was called to the stand early
IN the afternoon at the completion of the
opening statements TO tell his story, that
Of the Mabray gangs operations by man
on the inside. Gay, a wrestler, is youthful
in appearance for his SS years. His testi-
mony decisive and frank, delivered
with the air OF a man who knew Just what
he was into and who was willing to un-
bosom It all.
Are you acquainted with John c. Ma.
bray?" asked Colonel Temple.
Yes" replied Gay. as he turned a bit In
his chair 10 look at the principal defendant
sitting surrounded by attorneys at the de-
fenses side Of the table
"TRking Part as MnIiOnairea."
Where did you meet him?"
AT New Orleans. when / went down