Omaha daily bee., 1911-12-22
PERCENTAGES FAIL TO PROVE
County Official and Bluffs Bank
Said to Have Received Money.
WRITTEN CONFESSION IN COURT
Defense Will Use Document to
Refute Story on Stand.
TELLS OF ALLEGED CORRUPTION
chief witness Tells OF Being with
Marks when Bank People TeIc-
phOned that Mike Paper
Had been Cleared.


The purpose in swelling the percentages
to be paid TO Ben Marks from the original
proposition Of per cent to secure police
protection IN Council Bluffs for the
Mabray gang was disclosed In the Marks
trial yesterday.
or the extra per cent l per cent was
to so to County Attorney j. ]. Hess
and the other TO the First National
bank and its officers. Hess was to be
pa!d for caring properly for the possible
Complaints OF the mikes and the bank
was TO have the rake off as an indemnity
Tor guaranteeing the paper OF the mikes
and TO notify Marks when the paper
had become good.
This phase of the "big store" business
was brought out by the attorney for
Marks In the cross-examlnRtion OF
Mabray which lasted all day yesterday.
IL came out as a portion OF the so-called
written confession secured by Postoffice
Inspector Swenson from Mabray on De-
cember -, 1910 while Mabray was In the
Leavenworth penitentiRry. The whole
contents OF the confession was zealously
guarded by the attorneys for Marks who
will use It as an argument to show that
Mabray is as consummate liar as he Is
a consclenceless thief. and that this, with
many other of his statements. was part
OF his plans by which he robbed his
partners In crime by making them be-
Heve that the percentage was used for
purposes OF getting official protection
and clearing the way OF commercial OBJ
staces that might be encountered in a
the large financial transactions contemp-
lated. II will be used as one of the
chief means OF offsetting the story he
has told in his direct examination.
Two Maybray Confessions.
Foundation for the refutaton Of his
charges was laid when Mabray's atten-
tion was called to a conservation he had
with Emil schurz in Des Moines In the
presence OF others during the Kelly trial
few days ago In declaration to Attor-
ney A, w. Aslkwith in the spring OF 1910,
when he declared that "old Ben" had
nothing 70 do with the business. and by
still broader general foundation show
ing Mabray's whole story Is the product
Of his anxiety to escape punishment upon
twenty-sIx indictments stlll pending
against him in the district court at Coun-
Gil Bluffs. 1t was also brought out that
at Leavenworth, one written by himself,
which is alleged to be lost. and the other
prepared by Swenson and signed by
Mabray.
In the clause Of the alleged "confes-
sion" first called to his attention by At
torney Organ, Mabray said that the first
! / per cent added at the beginning OF the
business In April. 1907, was at his own
suggestion and that Marks did not de-
mand It. 81 added the 1 per cent to
the s to be given the officers Of the First
National bank that they might find Eut
when the mikes paper was good so the
play could be pulled Off" the oonfes-
sion declared.
To Corrupt Officials.
The other per cent added at the be-
| ginning OF the season OF 1908, was TO be
given to the county attorney OF Potta-
wattamie county, Ia, to give notice to
Marks of the complaints that mikes"
might make to him." read the so-called
, confession Mabray then went on to tell
how the plans worked to corrupt the
bank officials and County Attorney Hess
II suggested to Marks that we had to
do this and would pay for it," testified
Mabray. II did II To corrupt the county
attorney, and | suggested the other l
per cent to corrupt the bank officials"
And this was the county attorney who
procured twenty-six or more criminal In
dlctmentss after you after you had cor
rupted him?" thundered Organ. And
all OF these indictments were returned
before your alleged confession was signed
by YOU charging you with every degree OF
theft. perjury and conspiracy defined by
the laws Of Iowa?'
II don't know; I guess II was" replied
/ the witness.
How much did you give Marks to give
10 the officers of the First National
| bank?"
II gave him $4,000"
IAN in a lump and at one timer
Yes; / guess So"
where did you get the money!"
Il got It out of our office In the Mer-
rlam block. j took Il from the bank
CONTINUED on Second Page)