Omaha daily bee., 1910-03-19
0ratory of Passionate Kind Flowed
All Of Friday.
IT CONSUMED TEN LONG HOURS
Defense Bases It's Arguments Entirely
on Law Points.
STICKS TO GRAND OLD TECHNIQUE
Mabrny's Counsel Admits He II Sorry
of His Course, But Deny He
Used the Mails to
Defraud.

The fate Of John c. Mabray and his
twelve fellow defendants on trial in United
States court at Council Bluffs will he given
to the jury to determine this afternoon.
Judge Smith B. Mcpherson will deliver
his instructions to the jury at o'clock.
The case will then Immediately be taken up
by the jury
The arguments we're closed by Colonel
Marcellus l.. Temple district attorney, last
night, ending day occupied entirely with
the oratorical appeals Of tho trial Ten
hours Of argument devoted to the discus
sion of law and evidence in the case
marked the close.
The arguments bore largely on the tech
nical issue OF the case. whether or not
there was a conspiracy to defraud between
the members Of the big store gang.
The Stars and Stripes. the Golden rule,
the decalogue, dark dungeons, deprivation
of human liberty and sundry other we'll
known staples of appeal were invoked by
c. A. Irwin of Denver in making the open
ing address for the defense.
Documents of Mabray's.
Irwin maintained that the documents
taken from the residence of Mabray could
be used as evidence against him alone in
Elmer L. McCoid Of Keokuk, Ia, closed
the argument for the defense. He, too,
discussed the evidence entirely on tchnical
grounds. He was preceded by Emmett
Tniley.
mo one recognizes better the mistakes
that he has made the wrong of 1t all than
John C. Mabray, but, gentlemen, he did
not at any time contemplate the use of
81 tie NJ
! Cold. There is no evidence in this case
, to show that he did, by word or act him
self, know Of any use Of the mails that
may have taken place.
''The evidence in this case has shown
that there was a direct avoidance of the
use of the mails; that the so-called show
letters were written on the spot by the
steerers as thy needed them"
At the close of McCoidrs address at G
o'clock last night a recess was taken to
1880, when Colonel Temple opened his clos
ing argument.
The Instructions are under consideration
| by Judge Mcpherson. He will devote this
morning to their preparation for delivery
at o'clock.
Stewart Opens for Defense.
| George b. Stewart, assistant district at
fully humorous review Of the work of the
gang and its operations as directly con-
cerned with the use of the malls. Graphic
ally he unfolded the forces of the prize
fights, wrestling matches and races, He
threw in q word Of sympathy for RED
Leo" the Mabray horse, which never won
race, thereby delivering upwards Of
$3.50 900 to the 'AIillionaires."
A brigade of special officers secret SER
vice men and policemen from many cities
is lingering for the close Of the trial Ar
rests are to be made in the event of an
accuittal of certain Of the defendants
Scores of indictments on state offenses
stand against the mixers and are yet to be
satisfied in the numerous courts having
Jurisdiction.
Ed Rice, a race horse man whose radius
Of gyration swings about Denver took the
stand Friday morning as the third and last
Of the alibi witnesses put on in behalf of
william Powell.
A cancelled race ticket, drawn on a book
maker at the rabbit" races in Havana.
Cuba. held by Ed Rice and marked
busted" denoting loss, was introduced as
Exhibit 8OO" Rice swears that Powell was
with him at Havana. The contention is
that the defendant race horse man was in
Havana at the time he is charged with
riding big store" races as Tom Rogers.
Accounts for the Scar.
Rice conveniently accounted for the scar
which Powell wears by an accident eight
years ago. John H. Sizer, mixed at Los
Angeles, testified that Powell got the mark
when he threw a big store race" which
cost Ss,5O1
1T seems to me to have been a combi-
nation Of all the different groups in the
cities where the stores operated. 1 do not
know whether or not It was a violation
of the Sherman antitrust act" declared
Stewart, opening fire.
Who do we find in this combination?
Ed c. Moore r. B. Hartman Frank
Brown, and Mabray-Mabray. that gentle
man, who sat with twinkling eyes and
smiles as the mikes told their stories His
face lighted up as ,heir testimony re-
called to him the funny things that hap
(COntinued on Fourth pagaN