Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-20
RAY Tells All
lES DEALINGS WITH MARKS
AND OTHERS. /,
KS GAVE MUCH AID
IN SECURING PROTECTION
atoms Of 'Bie Store" Are Detailed
MoIsstsd Only Once and Marks
cured Release Of Herriman-Gans
owed From Omaha to Council Bluffs
Secure Police Protection,

IN 4. -NaOraS, fleaC OF the Dis
ire" that was in operation in Council
uffs during 1897 and 1905, and Ben
arks, accused of furnishing police
rejection to the gang. were given
tuesday, when Mabray was on the wit
ess stand as the star witness for tbs
Prosecution.
Mabrays testimony was in a large
measure a running story of the man
ner in which the gang operated. Names
OF members, names Of mikes, details
of the affairs Of the gang were told in
,the most matter-of- fact manner by the
fwitness, while the attorneys for the
adefense urged objection after objection.
striving in eeyry possible way to keep
ppt the testimony.
He told In detail Of his relations with
Marks; of how he had arranged with
hthe aged former gambler 10 secure po-
Nice protection: of the general trend Of
Econversation after conversation that he
HAD with the colonel" of how he had
ridden for two days with Marks in an
;eacrt to find an ideal spot for the
fmuch-desired race track. il q private
Vocation: and OF how, finally. he had ar
jranged with Marks for the use OF d
tetrip of land across an alfalfa field on
tMarks' own farm south Of AIanawa.
l. He recited the dealings Of the gang
ROT which he was the active head with
fother people in Council Bluffs. tho TO
knew names were brought into the testi-
tmory in any reprel1ensible sense. He
hold Of renting the building and this
THAT for the wrestling matches and
Iboxing contests. He told OF the head
quarters OF offices the gang maintained
in the Merriam block, and even the IA
smous big red automobile was brought
'1nto the story.
Police Protection Deemed Necessary.
His partners, HERMAN and Brown.
deemed it necessary to secure police
protection for the so-called big store.
He talked the matter over with Marks,
hand the latter said ne would think i
'pver and let me know the next day
The next morning, according to the
WITNESS, he saw Marks again and the
latter said be "did't see anything wrong
with it, he could handle it a.. right.
land to go ahead with it"
Gould handle what all right" asked
the attorney general.
why, the protection for the opera
tion of the so-called big store" re-
piled Mabray.
The matter of what should be paid
nor the police protection. Mabray said.
had been talked over at the meeting OF.
the previous day. He had told Marks
ithey would be willing to pay $500 per
month for the protection, but that per-
.l1aps it would be more agreeable to pay
for it on percentage basis. He had
told Marks there would be at least
$4,000 a month coming in. and it was
finally agreed that Marks was to fur
Irish the protection In return for s per
fcent.
The per cent was to be paid when
lever I'VE won it," and was TO be per
icent of whatever a man might lose.
Partners Are Summoned.
AZ soon as the deal was made, Ma,
bray said he wired Herman and
1Brown at New Orleans. his partners in
the deal, that he had arranged to %
business in Council Bluffs, and to get
}ready and come on. Asked as to the
wording Of his message, Mabray re-
tplied:
mo mistake this time Everything
all right. Come on
They rented postoffice box No 5s in
sOnaha, Mabray said. and all the men
lived in Omaha. Asked as TO VINO mad
up the party, he named HERMAN and
Drown as his partners, a, man named
moore, who was working for u.s. and
tThielman and Marsh. two athletes. He
testified, however. that while the entire
party was living in Omaha, the contest
was always pulled off IN Council Bluffs
Why did You always come to Coun-
ell Bluffs to pull off your deals2" asked
~
was stricken out as calling for a con-
clusion Of the witness.
ibid you have any reason to come
ito Council Bluffs for your deals?'
,,hedged the attorney general.
I'VE had no protection in Omaha, y
replied Mabray.
Explains Division Of Spells.
Mabray was asked to explain the
general method Of dividing the money
that was received in the plays" and
Explained that first the steerer was Civ
en- 50 per cent Then the other men
who were working for the big store"
were paid, some per cent, some 3 per
was paid, and the balance was divided
equally between the three partners,
Mabray. Herman and Brown.
AZ one point in the questioning, Mr..
Cosson asked something about the
"piay." and Mr.. Mitchell objected to the
fuse Of the term play when it was a
matter of just plain robbery
very well, replied -Mr. Cosson, st
am perfectly willing to use whatever
term Mr.. FINLEY and Mr.. Wright have
been using" referring to the fact that
In previous trials some of the attorneys
now representing Marks were then rep
fesenting Mabray and others of the
actual operators
Went Often to Marks Home.
He described the Marks house on
Vine street as large house, set back
from the street and painted green.
There was an iron fence in front He
oeM he had been In this house many
times.
why what was the occasion OF
{your seeing Marks?- asked Mr.. Cos
In regard to my business" said
ray.
About how many times were you in
mr. house in 1907
o., have no idea"
= told Of employing Jimmy Griffin
- f1e3 upon the recommendation OF
Ales.a Griffin took charge Of the
arDs0 and rode Ia some Of the races