Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-15
DEFENSE OF PROMINENT .coUN.
Gil BLUFFS MAN ATTACKS
FORMER swlNDLE HEAD.
ASKS JURY TO p,scREplT
STORIES He MAY TELL
Lawyer Who Once Defended Mabray
Now in Position Where He Must At.
tack His crsdibi!ity and Character
"Mikes'' Also Held Up as Men Who
Should Not 30 Believed.
Special to Times-Republican

Special to Times Republican.
Council Bluffs, Dec. 15.-The resump-
tion today of the trial of Ben Marks.
Of Council Bluffs, upon charge Of con-
spiracy in connection with the opera
tions of the ,Mabray swindle syndicate,
began with the statement Of the case
by the opposing attorneys. This bid fair
at noon to take up the greater part Of
the day.
The crowd Of spectators, many OF
whom were attracted thru a desire to
hear Mabray testify, did not diminish
as hours passed, but hung to the word
of the attorneys, which at times bor-
dered on the sensational. Attorney
John p. Organ, who made the state
ment for the defendant before the jury,
disclosed that the defense will base its
hopes Of acquittal almost If not en-
tirely Upon the alleged claim that the
testimony of most of the states wit
nesses should not lie considered against
Ben Marks. Attorney Organ pictured
Mabray as a man unit for considera- :
tion in such connection and that no
Jury should ever convict another upon
the testimoy of one like him. He at
tackled the cerdibility of Mabray's ex-
pected testimony from various angles.
"Mikes" Also Attacked.
Mr.. Organ also hit at the so-called
mikes who are to testify and whose
testimony the state will lay much
stress upon. Mr.. Organ said their testi-
mony should not be regarded as worthy
because Of the fact that at the time
they came here and were f1eeced, 1t was
with the expectation that they were to
rob some one else.
Mr.. Organ also criticized the con-
duct of the United States government
in the management of the case against
Mabray, ct al. by tryingit in the name
of Postoffice Inspector ]. s. Swenson
and some IF his acts IN that connection.
Mr.. Green boldly asserted that one
motive behind the prosecution was the
political ambitions Of the attorney gem
eral.
The attorney general confined him
self to plain statement Of the case
and warned the jury against the injec-
tion of outside matters, and to watch
and see ifsthe state did anything of the
kind claimed by the defense would be
done by it.
Msbray in Now Roie.
There was a struggling crowd of
people in the corridors of the court
house ee ger to witness the transforma-
tion scene when Mabray. the star wit
ness Of the state, took the witness
stand in the room, where, a little less
than two years ago he sat with about
score of others gathered from all
parts of the United States a prisoner
instead Of q witness.
Questions asked of the jurors at the
outset of the trial indicated what was
in store for Mabray when he took the
witness stand. Here is Emmet Tinley,
the criminal lawyer who defended Ma
bray in the previous trial in United
States district court, again facing the
famous operator Of the fake sporting
matches but in the role Of inquisitof
this time instead of defender. The con-
trast as Mabray and Tinley exchanged
their rolls was in the minds of every
body in the court room and before the
questioning Of Mabray began there
was an intense silence in the big room,
broken only by the subdued orders OF
the court and bailiffs. Everybody Won
dered what was in the mind Of Ma
bray; how he was induced to coma
here and testify against the man
charged with having assisted him in his
swindles and what motive was behind
his voluntary appearances and what
would he testify to-?
Story viii! ee Long.
It was quite we'll understood that the
examination Of Mabray by the attorney
general would not be brief ordeal, as
around his story of the workings of the
famous organization that bore his
name revolves the entire case of the
and it is easily believed to
be a long, long story when told, in its
entirety. The examination of Mabray
will be full of electric flashes. Mabray
is quick witted and his retorts in the
trial in which he was the principal fig
ure as defendant, developed this fact.
but Attorney Tinley has had ample op-
portunity to study Mabray and If there
is a weak spot Tinley can be depended
upon to find it and when found, to put
the gaff in deep and twist it with all
the power at his command. Will he
be able to make Mabray vince? Many
doubt it. In fact most people doubt 1t.
state Has Surprises.
That the state has been exceedingly
busy and thorough in the preparation
for the case Is indicated on every side
and many wonder at its thoroughness.
"A suggestion. also. that, the state has
come far from disclosing. it's case and
that the attorney general had few
surprises to spring. was contained in
the sudden and unexpected appearance
OF witnesses who had not been an-
nounced. One Of these. Max Linden
baum. came all the way from Louis
vile. w, to testify against Marks.
Lindenbaum is mike" who must
have been recent discovery for his
name has never appeared in previous
cha nHees ~ the orre rtsaA A1ons' histov,,S