Omaha daily bee., 1911-12-30
DEFENSE RESTS SUDDENLY
Arguments Probably Will Be
Reached Early Today.
MRS. MARKS GIVES TESTIMONY
Mabray Often Came to Their House,
She Says on Stand.
TLKED LUMBER PROPOSITION
HAD secret Process Co Treat "suatar''
Pine So that IL wOuId Resemble
Mahogany ana Was Pre-
noting II.

The Marks case IN Council Bluffs unex-
pectedly gave evidence of nearing its
close before adjournment OF court by the
defense announcing that It would rest
it's case.
Attorney General Cosson said the state
probably would not offer evidence IN re-
buttal, but reserved the right to do so.
He said that any such evidence would
require but few minutes TO present. It
Is believed the case may be argued by
both sides today and given to the jury
tonight even though a night session may
he necessary.
Mr.. and Mrs. Marks, who testified yes
terday. told Of visits OF Mabray to the
Marks home on several occasions IN 1907
and 1908. Both testified that Mabray
made efforts early In 1907 to interest Mr.
Marks In southern timber lands, and a
secret chemical process by which sugar
pine could be transformed into valuable
timber product.
Mrs. Marks was the first witness and
testified that she was present at all of
these interviews, and that during that
period owing to the precarious condition
OF her husbands health, she took charge
Of practically all OF his business affairs
that when Mabray made a proposition TO
id further business responsibilities she
vigorously objected.
She asserted her husband took no in
terest In the scheme. but that Mabray
very persistent. urging her husband to
buy the lands and to investigate the Sc
cret chemical process that would trans
form the pine into something resembling
mahogany and prevent II from warping
Mrs. Marks detailed several visits in
which all Of the conversations pertained
to lands and timber.
She said MabrRy came agaln In the
spring OF 1908 with the same object and
received the same refusal. Then, later in
the same year MabrAy came to the house
and sought TO sell Marks his automobile.
saying he wanted 10 got another and
larger car. She told Of her husband go
Ing out with Mabrey In the car at Ma
bray's request TO show the car and that
he was gone about an hour and a half
Mrs. Marks described the physical con-
dltlon OF her husband. asserting that he
was seriously III In 1905. She said his
health had been steadily failing since
he underwent an operation for cancer in
1898, and that his condition prior to his
being taken to the Edmudson hospital
in Council Bluffs ON May %, 1900, was
such that an operation for gall stones
could not be performed until June %.
on oross-examination she denied Ma
bray's story about the arrangements OF
the rooms in the Marks home. which
Mabray described after declaring he had
been in the house more than 100 times.
Mrs. Marks declared that Mabray never
paid her husband any money on any OF
his visits. He was introduced to her as
Mr.. Mabray. and was always called Ma
bray when he visited them. The number
OF visits was fixed at less than half a
dozen In 1907 and three or four in the
following year.
Attorney General Cosson asked.
''You might have been called out OF the
room TO give directions 20 the girl might
you not and not have heard all Of the
conversational"
mo. for I'm the girl" quickly responded
Mrs. Marks.
but Mr.. Marks often had business
transactions buying stock for the farm
In matters of that kind you could not
have known much about the buslnessf''
why not7 certainly did as much OF
the business as my husband. His health
made It a necessity" responded Mrs
Marks.
Mrs Marks said her husband never
talked OF any gambling when It was
permitted in the town.
Marks On the stand.
The testimony OF Mr.. Marks was alons
the same lines and he denied every
charge made against him by Mabray and
all the assertions made by the states
witnesses He said Mabray never paid
him any money. He said at the date
one of tho alleged kilograms was sent
10 Mabray at Kansas City he was dan
gerously III at his home. lie oorroborated
all his wifes testimony.
Marks told on ross-examination OF all
OF his connections and interests In
gambling houses In Council Bluffs DUR
ing the twenty years they were permitted
TO run under license. lie owned half
interest I'm the Hoffman house, where the
fContinued on Second Page.)