Omaha daily bee., 1910-03-21
MRS. MABRAY BREAKS DOWN
Possible Penalty Two Years in Prison
and $4,000 Fine.
JURY GIVES GODDARD CHANCE
Judge Mcpherson Announces Sentence
VIII ne Passed This Morning
on Prisoners Found Guilty
by the Jury.

PLEADED GUILTY.
Winford s. Harris, George N. Marsh.
Bert n. Shores,
UNDH0IDnD BY JURY.
II. z. L. Goddard.
That John c. Mabray, master mixer"
and chief mogul OF the Big Store" swind-
Ing syndicate, and ten Of his co-defendants
We're guilty Of conspiracy to use the United
states mails in furthersnce of a fraudulent
scheme was the verdict returned Sunday
morning by the jury before which the case
was tried in the federal court in Council
Bluffs.
The case, the trial OF which was begun
Thursday March TO- was given TO the fury
at 1880 o'clock Saturday afternoon. The
verdict, which will send at least some Of
the members Of the gang to the peniten-
uary. was returned shortly before II o'clock
sunday morning.
Goddard Likely to Escape.
The Jury reported that it was unable to
reach an agreement as to the guilt Of one
defendant r. r. l.. Goddard of Dallas,
Tex, who was charged with being an ac-
cessory to the buncoing by the gang Of DR..
j. b. Titterngton in New Orleans. Dr. Tit
terington when on the stand was uncer-
tain as TO the year in which he went up
NbdlHsl the game OF lne big store, ana
there was question of whether Goddards
offense had not become outlawed Goddard
was included as a defendant in the indict-
ment returned by the federal grand jury in
Omaha and can be tried there Although
not so officially stated 1t is likely that the
federal authorities VIII release Goddard on
his own recognizsnce and that eventually
the case against him will be dropped.
When The trial began on Thursday
March 10, there were fourteen defendants
besides Mabray. During the course of the
case, however, Judge Smith Mcpherson in
structed the jury to return verdict of
acquittal in the case OF John II, Beath OF
Jacksonville, Fla, and he was discharged.
When the trial was nearing the end the
government dismissed the cases against
Fred Null OF solon Springs, Wis. and
j r. Morrison of Superior, Wis. They
were charged with having "steered" James
Servais and p. w Whalen of Port Arthur,
Canada. against the gang, The govern
ment, however, was unable TO induce these
two Canadian Mikes" to come to Council
Bluffs and testify
Besides the ten men convicted with
Mabray, three others charged with being
connected with the swindling syndicate will
be lined up before Judge Smith Mcpherson
this morning for sentence. They are Win
ford \. Harris Bert r. Shores and George
n. Marsh alias "Ole" Marsh, who were
arrested in Seattle, Wash The three
entered pleas Of nolle contender. The effect
of this plea was that they accepted con-
victon of the offense of which they were
charged
Penalty for the Crime.
The extreme penalty for the offense of
which Mabray and his associates now
stand convicted is Imprisonment for not
exceeding two years and a fine of not
exceeding $4,000. 1t is' within the province
Of u court to impose only fine. A fine
of NF,OOO sounds big, but the federal
statutes provide an easy way for a de-
fendant to avoid paying any fine that may
be imposed. All the defendant has to do
is 90 serve thirty days in jail and then
make the poor debtors oath,
Judge Mcpherson after hearing the YER
diet Of the jury, Immediately adjourned
court until 10 o'clock Monday, at which
time, he stated he would pronounce SEN
tence.
1t is not anticipated that any of the
men convicted win appeal In a con-
versation with United States Marshal
Frank. Clark Saturday evening" Mabray
stated that is convicted he would not ap-
peal
Receiving the Verdict.
1t was 1920 o'clock Sunday morning when
United States Marshal Clark received word
from the baliff in charge Of the jury that
verdict had ben reached and that the
jury was ready to report A delay. Of about
twenty-five minutes ensued while word was
sent TO Judge Mcpherson at the Grand
hotel ana TO several attorneys for the de-
PENDANTS and while arrangements were
made to bring the defendants from the
county jail where they were placed by
order of the court Saturday afternoon as
soon as the case was given to the Jury.
1t lacked a few minutes OF II o'clock
when Judge Mcpherson took his seat on
the bench and directed W. c. Macarthur
clerk Of the court, to poll the jury and call
the roll OF defendants, The latter as their
names were called were required to Sc and
remain standing while the verdict was read
by Mr. Macarthur.
The defendants on entering the court
room seated them selves in chairs immedi-
ately In front Of the bar with the exception
OF Mabtay, who sat at the table reserved
FOR the representatives OF the press until
the arrival OF his wife and her sister. when
he took a seat between them
None OF the defendants evinced any
emotion when the verdict OF guilty was
announced Mrs. Mabray, however was
overq pc by her emotion and gave way tc
tears While her husband and her sister
bent over and endeavored TO console her
Jury TO Report To-day.
Judge Mcpherson ordered that the jury
should report Monday morning for final
discharge but stated that II any juror was
anxious to so home he was at liberty "a
lcontlnusd on second PaEe.l