Omaha daily bee., 1911-12-29

he was ct his desk without his knowl-
edge. lilo said he never recalled Marks
telephonlng TO the bank for any purpose
and never had my communication. Mr.
Turner Is now president Of the city Ma
tional bank. having Withdrawn from the
former TO take the position.
!. J. Spindler cashier In March 1908
after answering questions and making
dcnials was questioned about the cir
Cumstanccs connected with the cashinR
Of the t5Oo draft presented by John
IemeIbrecht of Bancroft Neb.. one OF
the mikes who testified in the case that
he was vice president OF the Bancroft
bank. spindler said nc noticed the old
man when he came into the bank after
he met and talked with well dressed
stranger who had been IN the bank rome
time and appeared TO be waiting for
body.
Recognized the Man.
When liemelbrecht came forward he
recognized him as a German who had
deposited a $500 draft shortly before and
which had been fully identified and its
value given to IIemclbrecht IN the shape
of a certificate OF deposit Hemelbrecht
presented the certificate and asked for
the money
splndlcr said he felt suspicious and
called tho old man aside and asked him
IN German what he was going 10 do with
the money. Tho old man refused TO tell.
and then Splndier invited him 10 his pri-
vate room and questioned him clokely.
Hcmelbrecht finally declared he was gu
ing to bet the amount on a horse race.
Mr. splndler asked where the race was
10 be pulled off, but the old man refused
TO tell.
Mr.. spindler testified that he handed
back the original draft ana told iIernti
brecht TO take the FIRST car for Omaha
and then get or the first train going In
the direction Of his home.
Well, tell you" the old man said.
Il get $500 mere ths afternoon. The
horse IL fixed and both Jockeys Is fixed
and We win sure"
I raid TO him." testified spihdier, that
he would be the only one who would be
fixed II there was any fixing done and
again urged him to take his draft and 10
home. refused 10 gife him the money
and he left the bank. Later ha returned
ana demanded the money and threatened
10 make trouble for the bank II the draft
was not paid. again pressed him for
Information about The horse race, but he
refused, and ! was finally obliged to give
MN the money. ! never saw him again
until he appeared on the witness stand. ,
spindler went into details and explained
Why he did not notify the police, saying
that he did not believe the old man was
telling the right story.
All Of the banh Officers testified that
MARKS had for many years an open 40.
count at the bank and often deposited
large sums there When the attorney
general attempted to show that Marks
had deposited larger sums In 1905 ihan
ordinarily, objection fed Cosson 10 de-
clare. II want to disclaim any suspicion
here agaAnst John J. spindler"
TraciaE the Drafts.
The inquiry developed the fact that
spindler and the bank officials had aided
cosson within the last two days In tracing
the fun history OF number OF the mike
drafts that passed through the bank and
that Cosson had gone over the banks
books with It's officers. This especially
related 10 The Mcurath paper, thc Min
neapolis newspaper man and awyer who
dropped ti0ooo.
Strong retntation Of the Mabray stery
% the race track on the MARKS farm near
Manawe was given by Thomas selfkens
living on his farm near the Marks land
and close by the gate through which
Mabray and some OF the gene had testl.
fled they passed By breaking the lock-
20 reach the alleged race course that had
been made IN the alfalfa field, and by
Robert Minter. tho tenant, whom Mabray
said he paid SO 20 for making the track
Both contradicted the states version OF
this part Of the conspiracy.
Seifken testified he had ono key and
Minter the other.