Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-12-17
Council Bluffs
MARKS CASE UNDER WAY
Mike" Nelson of Alma, Mich,
Narrates Swindling Story.
ADMITS KNOWLEDGE OF PLOT
brought out Fake Horse Race Ran
on Property of street Railway
ana swensOn Pushed suits
Against Hart.

day afternoon IN the Marks case, which
was resumed at the opening Of court Al
the morning session after an adjourn
ment since Wednesday TO permit Attor-
ney General Cosson TO attend the funeral
Of his father-in-law at Indianola.
Contrary to expectations, Mabray. the
star witness OF the attorney general, was
not put in the witness chair at the be-
ginning. but one Of the mikes" told hts
story. The features Of his testimony
we're that the fake horse race was not
run on the estate OF Benjamin Marks,
but on the property belonging TO the
street railway company near Manawa,
and that Postoffice Inspector swenson
was one OF the instigators OF the civil
suits brought In tho federal court against
Marks. the FIRST National bank. Ernest
e Hart and J. J. spindier, and which
we're thrown out Of court by Judge Smith
MCPHERSON.
Marks 60 Receive Percentage.
The greater part OF the day wac con-
auned in the presentation. OF the case to
the jury. Tho attorney general required
an hour or more to forecast the evidence,
which. he said, would show that Marks
and others had guilty knowledge OF the
operation OF the Mabray gang and was
10 receive a percentage. variously stated
at from 2 TO s per cent. TO secure the non
interference OF the city and county Off
Gals.
In an address Of even greater length
Attorney John p. Organ told the jury
the defense would show that the con-
spiracy alleged was great enough to
cover the whole country and dozens OF
cities, but that the conspirHtors could not
have had tho number OF local men I'm
each place in collision with them unless
they had given up all of the products OF
their shameless robberies. He inumated
that Postoffice Inspector swenson would
be drawn into the case In a manner that
would show he was acting outside his
official duties and that he had not come
here first as the representative OF the
government, but as an agent OF one of
the mikes" in an effort 70 recover his
money.
COIlusiOn 10 Involve Hart.
Attorney General Cosson vigorously OBJ
jscted TO It's statement, and Mr.. organ
retorted that the defense would show that
there was a collision between Mr.. Sven
son and the attorney general for the pur-
pose OF involving National Committeeman
Ernest E. Hart, the First National bank,
]. j. Spindler and others. Tho attorney
general was on his feet shouting his OBJ
jectiona. but Judge Arthur refused the
ruling demanding their exclusion from
the jury. The jurymen evinced great in
terest in the spirited controversy.
Tells story of Lure.
The first witness called was c. A.
Nelson. a typical down-east Yankee, who
said meow" and "teown" and II guess, y
with native fiuency. lie is IS years old
and has long been engaged In the chatte
loan business at Alma. Mich. where the
Mabray "steerer" encountered him. The
old mans sharp-featured face indicated
that he was accustomed TO driving sharp
bargains, and he was led along 10 detail
the story OF how he was lured TO Council
Bluffs with the prospect OF securing a
big percentage OF the money that was to
be taken from the alleged ''millionaires''
through conspiracy with the alleged
private secretary.
lie told the story that every mike has
told In answer to the questions of Mr..
cosson. but he went deeply into the moral
aspect Of the transaction when he was
undergoing cross-examination by Mr.. Tin
ley for the defense. In the end he proved
a strong witness for Marks
Securing the stake.
He told about coming 70 Council Bluffs
accompanied by his steerer, s. Adams,
when Adams had unfolded the scheme
to him OF the ease with which the Pitts
burgh millionaires could be robbed OF a
large amount OF money. He told OF COM
ing here ana meeting the alleged private
secretary, and talking over the plans
to rob the confident Pittsburghers. Nelson
admitted that II looked so good TO him
that he went back to his home with the
promise that he would bring back go, 600
Instead he returned with a letter saving
he was n responsible business man. This
was not sufficient for Colonel Mabray.
the private secretary OF the Pittsburgh
millionaire, who wanted nothing but
cash. He made a third trip TO Alma.
requiring nearly forty-eight hours con-
slant travelling. and came back with only
1000. In the shape OF a CHICAGO drart
which he deposited IN the Commercial
National bank In this city. He admitted
AhAA bho NVheplEHeF nc enkpEoo Into re-
quired him 10 DO the betting and tha.
he bet the combined capital OF himself
and the alleged secretary over and over.
and that he helped to have his confederate
chosen stakeholder for this purpose.
$4,000 in Jackpot.
Their capital amounted 20 but a OoO
and as all bets were In $500 blocks n
was easy for the stakeholder, located
I'm an adjoining room. to slip back the
original bunch for him 10 bet over again.
He admitted that. fearing detection. ha
suggested that his draft be cashed in
large bills and some OF the smaller bills
be exchanged for larger ana that he
secured a recess in the betting until he
slipped out to make the change.
He said their 5000 was bet so many
times that the jackpot held $1,000. and
then after the usual dispute about there
being $500 short the race was run. He
said they all went to the bridge half a
mile north OF Manawa and broke the
lock from gate leading into the prom
erty OF the street car company, where
the alleged race was run on a road
through the field. When RED I.eo's"
q.