Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-30

was AA.tA pouSSu oS lAe ueHAeiiSe III Luc
Ben Marks trial today, after which the
argument began. 1t is expected the
trial will close tonight.
Marks Denies Mabray's Story.
The case Of the state of Iowa against
Benjamin Marks, gambler and politi-
clan of Council Bluffs, charged in an
indictment with providing police pro-
lection to the so-called Mabray swindle
syndicate during the years 1907 and
1908, practically was closed last even
ing at the conclusion of the days ses-
sion of the district court.
Three important witnesses testified
during the day-Benjamin Marks, the
defendant. Mrs. Marks, his wife, and
Max Lindenbaum of Louisville, Ky
Other witnesses also testified.
Obviously Marks was the witness
who attracted more attention even than
Mabray and as the grizzled veteran
took the witness stand there was d
cranins Of necks to see and hear him.
His words came quickly, but his
voice was weak and once when eau
TONED by his counsel tn spool. iouoer
said: "Well, you know l have 70
teeth" -
MabravlS II ale Supported.
: The testimoII or both Marks and MS
wife in a nature corroborated part OF
Mabray's story. On direct examination
Marks denied fatty all the things tina,
had been testified by Mabray. and his
wife and by other state witnesses he
had done. He said he never had sent
any telexxams to Mabray nor had he
authorized sly one elses to do no: he
neyer he'd paid County Attorney !. J.
Hess. ChieA-nf RSlice George n. Rich
monds or the officers Of the state any
money; he never had talked even with
Mabray about fixing the police OF
Council Bluffs or Of doing the other
things Of which he was accused by wit
nesses of the state.
Upon the question Of Mabray's visits,
| however. both Marks and his wife
frankly admitted he was a frequent
visitor to the Marks home on Vine
street, short distance from the central
police station. Marks testified. how
ever, that during the visits Of Marks
| to his home III the year 1907, Mabray
came there to interest him (Marks) in
| a tract of Louisiana pine land Ac-
| cording to the testimony of Marks, Ma
| bray's visit covered a long period. yet
| there was nothing else talked about
/! but the land deal and it never was
| closed. He declared that on every oc-
casion there were no doors closed and
| that he and Mabray held their con-
! versations openly and within the hear
! ing of Mrs. Mabray.
| Auto Cause Of Visits.
| In the years 1907 Marks testified Ma
bray continued his visits to the Marks
home and that then Mabray sought t.
/ sell Marks an automobile, big red
automobile. He stated that Mabray
| took him riding in the machine. These
visits in 1908 also extended over quite q
long period, but no deal was made and
Ethe automobile was still Mabrays prop
erty at the conclusion Of their Intimacy
One or two important points broush,
| out in the examination Of the witness
were rot certain. The attorney general
asked him If a race track ever was
i laid out on his farm near Lake Man
ava, to which Marks answered: Never
to my knowledge"
!, When asked if he had ever given Ma
bray any advice about renting post
office box in Omaha. Marks said ht
didn't think Mabray needed any advice
| about that or anything else.
Marks said he frequently visited the
! police station during the time con-
I cerred in the indictment and testified
! that he went there to inform the chie
! of what was going on.
Marks testified that he was interested
| in the Hoffman, Manhattan and Blue
Ribbon gambling houses. and that hi.
| interests there required that he keel
! the chief Informed Of any unusual in.
cident or the presence Of suspicious
| characters at 1t was the desire to main
! tain as good order in the city as pos.