Omaha daily bee., 1911-12-24
Judge Allows Men to Spend Christ
mas at Their Homes.
INSPECTOR swENsoN ON STAND
Man Who Broke Up Gang Relates
Story of Arrests.
MUCH TESTIMONY YET TO COME
Expectation that Trial at Council
Bluffs VIII Consume COnAid-
erabIc Time Before it is
Given 60 Jury.

The days proceedings in the trial Of
Benjamin Marks for conspiracy In the dis
trlct court at Council Bluffs yesterday.
were marked by the Identification OF two
telegrams sent TO Mabray from Council
Bluffs one In November, 1907 and the
other bearing date in the same month.
but without naming the year. Both
tclegrams were signed by Marks,
Two police officers testified that they
had come into possession OF information
disclosing the operations OF the Mabray
gang and had given II to Chief Richmond
Their statements were shaken on cross
examination.
Announcement Of agreement between
the attorneys on both sides TO permit
the jurymen to eat Christmas dinners in
their own homes was made.
Reported 10 Headquarters.
The first witness was former Police Of
fcer Frank Sdpton, who left the service
on May II OF this year, but who had been
In the department for the previous four
years. He said that during the year 1908
he frequently saw Marks IN the office
OF Chief Richmond He said he had heard
OF the gang more or less during 1907 and
1905, and that some time In July, 1907, he
first heard of crooked work and reported
Il to Desk Sergeant James Niooll at po-
lice Headquarters. He said he reported
suspicious lucidents often in this manner.
Mr.. Skipton'H cross-examination. con-
Quoted by Mr.. Finley. related to the time
when he felt himself at liberty 10 discuss
openly the alleged knowledge ha had ac-
auired. an headmitted that he did not
talk about II generally until the matter
had been made public In the newspapers.
On re-dulrect examination Skipton was
asked 20 tell who II was that requested
| him TO report Incidents referred to, but
he was not permitted TO do 80 by The
defense. Mr.. Tlnley led him to account
for the frequent times he said he had
seen Marks and Chief Richmond In con-
ferenceH, by describing the changed
muniovipal policy In relation TO licensed
gambling houses.
Ranger Identifies Message.
Charles s. Ranger postoffice inspector.
was the next witness ans introduced two
kilograms while Identifying mass OF
| documents seized when the heads of the
swindllng gang were captured at Llttse
Rock. lie said his headquarters were
In ST. Louis with an office In Council
bluffs after he had been assigned by
Federal Inspector Swenson for special
1 work In this territory.
He retold the story of seizing the Ma
bray stuff at the time of the arrest.
including the trunks of Mabray and
Mrs. Mabray. one of which had been
placed in n storage warehouse. 1t was
the trunk Of Mrs. Mabray In which were
found the most important of the in
eliminating documents In spite OF the
objections OF the defense Ranger was
permitted to tell of his unsuccessful
efforts to secure the original copy OF
the kilograms at the offices OF tele-
graph companies in Council Bluffs. He
said It was because of the practice OF
thee ompanies OF destroying all original
copies after six months.
When asked IL he had examined the
files he was stopped by an objection.
He testified that the managers had told
him II would be impossible TO find the
original and that he had pressed them
TO make a search Cor some evidence that
would indicate the genuineness OF the
messages. Mr.. Mitchell, for the defense.
asked that all of this part OF Rangers
testimony pc stricken from the record.
but his motion was overruled.. The two
kilograms were then introduced as Elk
hibits 81 and 2s. The first telegram
was a night message on a Postal Tele-
graph company's blank and read:
COUNCIL BLUFFS. Ia, Nov. 27. 1907.
j. c. Mabray. Tanner hotel, s19 Locust
street, Kansas City, Mo; George Ben