Omaha daily bee., 1911-12-20
MABRAY TURNS The TABLES
Declares Marks Helped Play Part in
Big Store" Deal.
On THE STAND FOR THE STATE
showing How n Division OF the
Profits in swindIinE was
Cut Up.


placed on the stand late Monday after
noon at Council Bluffs. Attorney General
Cosson attempted to introduce tn division
sheets in two OF the first milking deals
showing a division of tho spells by per-
centeges, which Mabray was to explain
by showing that per cent went to Marks
i'm consideration of an agreement to
secure official protection, before he had
attempted to show by evidence a con-
nection Of Marks with tile reputed con-
splracy. 1t was exactly the same prop
ostion that caused the civil suits against
Marks, Hart and the First National
bank TO be thrown ont of the federal
court by a ruling Of Judge Mcpherson
Judge Arthur took the same view and re-
fused to allow the alleged division sheets
to be admitted.
Almost from the moment NIabray went
onto the witness stand. objections by the
attorneys for the defense began. 1t was
contended that Mabray could not be used
TO identify any part of the documentary
evidence captured in the raid at Little
Rock when he was caught with a trunk
fun OF the records of his business that
made possible the arrest of all members
and effectually breaking up the gang.
Court Sustains Contention.
Attorneys for the defense claimed that
any names found IN this batch of stuff
were worthless evidence until 1t had been
shown by evidence outside of that of
Tered by co-conspirators that the persons
named were parties to the conspiracy.
The court Sustained this contention in
two rulings. each in separate instances
when the divisions sheets we're brought
forward. 1t was regarded as a rather
demoralizing blow, but did not disturb
the serenity of the attorney general who
intimated that he had other means by
which he would show the division Of the
spells and that certain percentage had
gone to Marks.
The sheets, marked exhibits Is and H.
were only figures indicating amounts of
money and dates showing the transac-
lions.
Mr.. Cosson, however, succeeded in
getting before the jury by questions asked
the witness, to which objections were
Sustained. Throughout the afternoon
nearly all of the courts rulings were
in favor of the defense.
The court room soon became packed
when it was known that Mabray was on
the stand. There was not tremor visi-
BILE when he faced the array of attorneys
fact at the outset that Mabray was
convicted felon by making him tell where
he had spent the last year or more of his
life.
Mabray said he now lives in Des
Moines. but the attorney general made
him Immediately declare that his previ-
Gus abode before going there was the
Leavenworth penitentiary.
Had known Marks.
He declared he had known Marks ten
or twelve years, becoming acquainted Ia
1885, when he, Mabray. was running
gambling house over the Sherlock saloon
on Pearl street. He said that he returned
here in the spring of 1907 in compliance
with a plan to open a big store" in
connection with his partners, Hartman
and Brown; that the day he arrived he
called on Ben Marks and detailed the
scheme of wholesale swindhng and told
Marks that the big store" could not be
opened unless protection was assured
from county and city officials. He said
he explained all of the details of the
scheme and told Marks that at least S
per cent OF the gross profits could be
set aside to secure this protection. He
said Marks promised to consider the
proposition and was to let him know
the next morning
Marks I'm the Deal.
According to Mabray's testimony, this
conversation occurred late in the evening,
and early the next morning Marks gave
him an affirmative answer and he was
led to believe that everything had been
fixed in the short interval that inter-
vened. Mabray said he then wrote and
wired his partners at New Orleans that
there was no failure this time and to get
ready for business. He said he mmedi-
ately went TO Omaha and rented an
office and got postoffce box No IS there,
and that Hartman and Brown came here
at once.
Detailing the amount OF the division
that was TO be given Marks upon his
guaranty of police protection, Mabray
Said that he had first offered him $500
mont. fiat, or s per cent, assuming that
the income from the business would APP
proXimate at least $4,000 a month, but
that Marks chose the percentage. He
told of bringing on the fake fighters and
wrestlers. Thielman and Marsh, and
named some OF the other emp.oyes,
among them Moore, former Council
Bluffs man, who has never been appre-
hended.
Mabray said he was not here when the
first victim was brought forward to be
fleeced in April or May, 1907, but that
,he had kept the sheet showing the
division OF the profits 1t was t5eH that
the defense began its successful fight
against the admission of the sheets. This
sheet, Mabray testified, was not made
4 by him, but he identified the writing as
that Of Hartman. The second sheet, the
one showing the division in the second
case Mabray said was made under his
supervision and he was ready to identlfy
it, IT was for this reason that the at
torney general hoped 10 get it into the
record, but was defeated when the court
held that il could be Of no value except
as a means OF refreshing the witness
memory.
During the controversy It came out that
per cent was added to the original s
per cent which Mabray explained was to
nay for additional service" that was in
some manner 10 be performed by Marks
There was anxiety TO know what this ad-
ditional service was and who performed
a. b,,t ATabrav WAS not pcruitted IN tell