Omaha daily bee., 1911-12-27
IMPORTANT CLAUSES ARE ADDED
These are Allusions Made TO Bluffs
Bank and ]. ]. Hess.
SECOND ONE MORE COMPLETE
Also Some Matters Omitted in Sec(
ond Paper.
STATE RESTS ITS CASE EARLY
Action Taken Unexpectedly ana
Marks Lawyers seek 10 show Part
Played by Postoffice Inspect-
ors in Getting Testimony.

The prosecution in the trial of BENJAMIN
Marks for conspiracy at Council Bluffs
suddenly announced that It had concluded
the presentation OF direct evidence at $50
last evening.
The defense attempted to show discrep-
ancies between the two confessions al
legged TO have been made by Mabray while
he was In the Leavenworth prison, with
view to neutralizing the evidence tend.
ing to connect all others except Marks
with the alleged conspiracy. The state
did not intend to introduce the alleged
official confession of Mabray after the
case had reached an advanced stage.
IL was the defense that put Mabray on
the rack by introducing the confessions
and made him admit that he had written
only one statement. but that the one Of
fered was not the original
When Mabray left the stand on Friday
morning Il was announced that his direct
examination was concluded and he was
recalled yesterday as the last witness of
the day and required 20 Identify further
special documents contained In the masi
of stuff seized at the time OF his arrest
at Little Rock In February 1902 II was
at the conclusion of this testimony that
the confessions were sprung upon him
by the defense.
II was shown that every allusion TO
the connection OF the First National
bank. County Attorney Hess and the
specific Implication OF the Council Bluffs
police department. was not included In
the confession that Mabray really did
make, but these we're added as separate
paragraphs to the typewritten and al
legged official confession brought TO him
at the prison and signed by him, and
with which ne showed unfamlliarity
when II was handed to him I'm the wit
ness chair, Mabray's written confession
was signed by him on December 2, 1910.
and was written on paper not used at
the prison, but which, Mabray admitted
he believed was turned over TO Mr.. Sven
son and was taken away by him, and on
December 20 Postoffice Inspector Ranger
apeared at the prison. and according to
Mabray, staid a few hours and departed
with the typewrltten confession, which
Is also written on paper not used at tho
prison. The last page of this confession
described at length the uses that were
made of the extra per cent added, 1
per cent at time, at the beginning OF
the years 1907 and 1905
The first extra per cent is specifically
declared to have been for the purpose OF
corrupting the officers OF the First Ma
tional bank and to guarantee the bank
against possible loss in handling the
paper Of the mikes. and for the further
purpose OF paying for the trouble OF noti-
flying Marks when the paper became good.
Another paragraph describes the use that
was alleged TO have been made OF the
1908 / per cent IN corrupting County At
torney ]. J. Hess and his whole office
force
Mabray tried TO explain why his original
confession did not contain these declara-
tions upon which the whole charge OF
conspiracy rests, but could not do so be-
yond saying that he might have told Mr..
swenson about the other things at sub
sequent interviews, and that there was
so much in tho case that he could at
tempt to remember but little OF 1t. An
other striking peeuliarity OF the second
confession is the legal verbiage with
which 1t is clothed. In 1t the word "af-
fiant" repeatedly appears an expression
with which Mabray admitted on cross
examination he was not familiar.
Among the first differences noted in
the two alleged confessions was Mabrays
III tho lNul Ao went
from New Orleans TO Council Bluffs
and Omaha in the spring OF 1907" This
was cut out of the second statement.
Mabray said no had no idea why II was
done. Another was his first statement
that he first applied to Tom Ratliff as
to how he could arrange to have some
suitable person close enough to the police
department TO get his meE ont oE 1all
In case OF arrests.
II can't tell why that was dropped out;
did not make up this rypewritten state
ment," said MabraY.
Another rather Htartling omission con-
tained in IN efirst, but omitted from the
second document, was Mabrays state
ment
Il paid Ben Marks in the years 1907 and
1908 approximately $4,000"
He could not toll why il was cut out
Of the second eG5tion
WAS It not because somebody had