Omaha daily bee., 1910-03-13
PoSToFFTCE employees ON STAND
Council Bluffs Clerk Testifies that
Leader Used Assumed Name.
PALS ALSO HAD PRIVATE BOXES
Others Received Mail in Frisco, Los
Angeles and Little Rock.
NABRAY LETTERS ARE ADMITTED
Papers ConfiscatCd by Inspector Go
I'm ns Evidencc-DeTense Files
objection Against Defend
ants Testimony.

ants Testimony.
The prosecution Of John c. Mabray and
his fellow defendants OF the big store"
yang, in United States court at Council
Bluffs, centered on the positive connection
of the alleged conspiracy with the use Of
tne malls for the purpose OF fraud yester-
day afternoon.
Sylvester r. Rush, special assistant at
torney general for the United States, took
up this portion Of the evidence and put on
number of postoffice employees from the
several cities In which the gang is known
to have operated to show the use Of tho
mails, Witnesses from the Omaha and
Council Bluffs postoffices were placed on
the stand
! a handwriting expert is to be placed on
the stand Monday in further pursuit Of this
lead This expert is to testify in connec-
tion with large number OF the documents
which are to be introduced in evidence.
The testimony of the handwriting expert
will be combatted vigorously by the defense
and his testimony bears on the only vital
issue of the case-whether or not the Ma
bray gang used the mails for the operation
of their system.
Postoffice Boxes Rented.
By the testimony Of the witnesses placed
| on the stand yesterday the prosecution
showed that Mabray had himself rented the
now famous and notorious box No. In the
Council Bluffs postoffice under an assumed
name Further It was shown that other
members OF the gang had rented boxes in
! San Francisco Little Rock and Los
Angeles.
This step in the evidence of the proseou-
J tion marks the beginning Of the more
strenuous part of the trial, the actual CON
nection with the use OF the malls. On this
and other related testimony the fight has
| begun to center.
| Mikes OF high and low degree were called
| to the stand yesterday afternoon to tell
their varying tales of woe. From the VIC
tins little was discovered that was sig
nificant OF more than the similar testimony
which has gone before.
| 1t is expected that other defendants are
! reaching the determination to turn states
! evidence. The defense 10 meeting this
/ tendency with an effort to convince the
weakening ones that there is a movement
| on the part Of the prosecution to stampede
| tho defendants. Lewis w. Stowe. listed
from Miles City Mont, charged with being
the steerer in the $4,000 mixing proress ad-
mnistered to II. NJ. MrGrath of Pine City,
Mimi, is sold to be among those who are
weakening.
Preachers Son One Of Gang.
| stowe is the son OF an Episcopal rertor
at Minneapolis, MINI. His alleged victim,
II. NJ McGrath was a member of his
fathers church. McGrnth is present at the
I trial and will be a witness.
! With the case actually on trial the activ-
| ity fthe postoffice inspectors and the
array Of secret service men in Council
Bluffs has not ceased. The production of
new evidence is in progress.
The list of exhibits introduced Saturday,
from the collection seized by j. s. SVEN
son. postoffice inspector at the Little Rock
raid, has mounted close up to half a
| hundred and there are more than 1000 yet
to come If the prosecution chooses to in
troduce them.
The defense has entered exception to the
ruling to be noted in the record at the
introduction Of each separate and distinct
! document Of the seized evidence. This in
dicates the contemplation of further fight
In the future on the same point in con-
troversy.
Mad MisHOUrIHn After the Race.
The testimony of many Mikes" was
taken. Henry Stoggsdale OF Cabool, Mo-,
told how he disciplined the gang with a
Denver. He was a mad mad Missour1an
after the race
The argument as to the admissabiity Of
the letters, papers and other documents
taken In the raid on Mabray's home was
held at the opening Of court Saturday
morning The defense made bitter fight
against the Introduction OF the letters in
question and then waived the objection.
r. L. McCoid of KeolSuk, an attorney for
the defense. declared the OF evidence
seized a violation Of the constitutional
rights of the defendants. He declared
the papers inadmissable in that they were
obtained through a search warrant issued
in an Arkansas state court thereby put
ting the court In the light Of forcing the
defendant to furnishing evidence against
himself.
At Variance with Court.
you are at cross purposes OF supreme
court OF the United States, and, with all
due respect TO you, Mr.. McCoid, / must
follow that court" said Judge Smith Nc
Pherson.
The attorney tried to offer further state.
ments bearing on the case and mad ]. 8.
swenson. postoffice Inspector sworn Then
after a consultation with Emmett Tinley,
McCoid waived the objection to the evil
dence.
Deputy District Attorney Stewart pro-
cteded to the reading Of two exhibits. COM
prising racing challenges and letter.
]. A. Secrest. mike from Iowa City, and
A. l.. Award. postoffice inspector from
Sioux city, were called to the stand to
identify photographs OF r, b. HERMAN,
millionaire" and others OF the gang.
James A. Tierney. junk dealer q streator.
III aa goa -
OF Tom Gay, wrestler. now states witness,
and John o. Smith, chief Of police in tha
Illinois town, under Indictment, relates his
experience In New Orleans
Jack Smith came 70 my house on Sun
day morning and talked half day and
showed me there was nothing 10 lose.
II got 10000 and went down to New Or.
leans.
THE mlllionaire's room in ths "a