Omaha daily bee., 1911-12-29
DECLARE THE EVIDENCE FALSE
Impeaoh What Has Been Formerly
Testified to by States Witness.
HART ON THE WITNESS STAND
Seifken Tells What He Knew bout
Marks and Those Races.
MANAwA TRACK is DESCRIBED
Former chief of Police RtchmoBd
Describes some OF the BffOr1s
that lie Made 60 Break Up
swindIlnE Games.

Mabray's tale that he bribed and COR
rupted county and city officials and the
officers OF the leading banks In Council
Bluffs was attacked yesterday by a num-
ber of witnesses, including Ernest E-
Hart, national republican committeeman
for Iowa and president OF the bank; T.
G. Turner. president of the City National
bank, and J. j. Spindlor, former state
bank examiner OF Iowa and now cashier
OF the First National bank. All OF these
men were declared by Mabray In his tes-
timony In the Marks case to have been
bought and completely corrupted by a
few thousand dollars OF tho money Ma
bray had secured from his victims.
his phase OF the testimony In the. Marks
case was not reached until the afternoon
session and was introduced by the exam
lnation of Mr. Hart. Former Chief Of
Police Richmond occupied the stand all
forenoon In detailing his knowledge OF
the operations OF Mabray and the efforts
OF the police department.
Mr.. Hart stated that he had been a con-
tinuous resident of Council Bluffs for
forty three years and for many years
president OF the First National bank. His
examination by Mr.. FINLEY brought tho
matter at Issue to the surface in the tNst
question:
did Marks ever ask you for any In
formation about checks or drafts OF
mikes2"
None whatever
was there any Arrangement between
you and Marks by which you were 70 fur
nish him any information concerning
checks and drafts connected with tho Ma
bray operatons7'
/ In ankg
manner"
did Marks ever pay you any money!"
No Money, Says Hart.
This question was vigorously objected
TO by Attorney General Cosson on the
grounds that the state had never charged
that Mr.. Hart or the bank had received
any money, but the court permitted an
answer.
,IIs never vpaid me one cent In cons
nec;ion with any such matters" re-
sponded Hart.
Ibid anyone at the bank ever furnish
Marks any Information about the clear
ance OF any paper that afterwards proved
TO relate TO any of the Mabray businessg'
Hart said that no such information had
ever been furnished 70 his knowledge.
or asked for.
Ibid you ever talk 10 Ben Marks over
the telephone In relation 10 clearance OF
any paper of any character
81 never talked with Marks over the
telephone on any subject In my life.s'
Hart described the usual business meth
ods prevailing In the bank. relative TO
the cashlng of drafts and certified checks
and the methods employed TO prevent
losses.
on cross-examination by Cosson Hart
said he had been president OF the bank
ten years in answer TO a question by
the attorney general he told Of the IN
cident In the summer OF 1901 when he
called upon the police department 90 To-
cate a man vino had presented a $500
draft on a Colorado bank. and asked that
he be investigated, saying he feared there
was something crooked about the man
II was this complaint that led Detective
CallaEhan to first come into contact with
the Mabray gang when he trailed the
man 90 the Ogden hotel and which led
10 the raid ON the South amin street
place adjoining the fire station and -in-
vestlgating what appeared TO be a train
ing bout between two fighters ano which
broke up what proved afterward to be
Mabray resort.
TeIephOned RichmOnd.
Hart said he made this complaint over
the telephone TO Chief Richmond. The
draft was presented by a man nsmed
Jones, who said he was a saloon keeper
when questioned by the cashier, who re-
ferred the matter to Hart. Hart's fur
ther testimony related TO any knowledge
he might have had OF any mike losses,
and he said he knew OF none at all until
after the newspaper exposure
7. G. Turner, cashier of the bank until
March 1, 1908. asked substantially the
same questions propounded 20 Hart and
answered 20 the contrary in the same
positive manner. Questioned closely
upon direct and cross-examination con-
cerning any telephone communication
that may have passed between the bank ;
officials and Marks he said there was
none whatever. that the telephones were
located on his desk and private desks OF
Hart adjoining that he no such com-
munications could have occurred while