Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-20

ana sent HIN 10 me, sa1O 1A6DIAy.
| The day that he finally left Council
Bluffs in 1907, in October or November.
he went to Marks farm in his automo-
bile, to tell him he was leaving for the
winter. II told him / was not satisfied
with conditions across the river. where
I WAS living
Mabray described his automobile as
a four cylinder, two seated runabout.
1t was painted blue in 1907. he said,
and later said it was painted red in
1908.
He said he often 'phoned to Marks at
his farm, and was told by Marks to
call him at any time, day or night
that he might be wanted.
He met him sometimes on the street,
sometimes by appointment made ny
telephone, and sometimes he just hap
pened to meet him on the street. He
would frequently telephone him. He
recalled, he said, that Marks telephone
number in 1870, was Red 1851.
Anybody could find that in the
book suggested Attorney Organ fer
the defense.
Mab-ay looked across at the remark,
and just smiled.
The remark of the attorney was
stricken out OF the record at the suS-
ges1ion OF the attorney general,
Operations the Next Year.
After a short recess. TO permit the
jurors to stretch their legs, Mabray
| took up his account Of the operations
during 1908 He came hack here from
New orleans early in the spring, about
! February. 70 arrange with Marks Ior
reSumnig OperaIiOrS.
Il came here to see Mr.. Marks, ara
met him after l got here. explained
Mab-ay. L asked him if l could come
here and reopen the big store. He
asked me to wait and see what the
general outline was and see il We could
do business here.
He explained TO Marks. ne said, that
he could do no more business in Ne"
Orleans, because there had been
change in administration there: there
was new chief of police there. and
we had no protection there.
Marks asked me TO wait till some
primary or city election was over, said
the witness.
lie had a number OF conversations
with Marks during 1ie waiting time.
but no particular talk as to his bust
ness till after that election.
About that time, Marks told me ii
was all right-we could move back here
anG Go business"
The same arrangement as 10 pay as
had existed the fall before was ar
ranged. Marks TO receive per cent.
Later, because of some additional SER
vice" another l Per cert was added,
making II per cent altogether. Mabray
declared there was no arrangement
that Marks was to pay anybody am
amount: the gang simply paid Marks
for the protection, and left it to him
to get it any way he could.
The money was paid TO Marks, Ma
bray said in reply TO series Of Ques-
tions, by Mahray personally in cur
rency. Immediately after every play
was over.
Where Money! Was Paid.
Where did you go to pay the de-
PENDANT this money!
Most always to his house"
Mabray said he generally went afoot.
if he went to see Marks from the office
in Council Bluffs, but if he found that
Marks was not at home and had to
make an appointment with him for the
evening, he would come over from
Omaha in his automobile.
Office in Merriam Block.
During 1908. he said, the gang main
tanned an office in the Merriam block
until late in the fall. 1t was on the
third floor, in the southwest corner,
there being one big room separated in
to three or four smaller rooms by
means Of folding doors. They had six
men in the office there The partners
and most of the men lived in Omaha
while they maintained their office here.
Reverting to the trips to pay Marks
his percentage Of the proceeds, Ma
bray said that Frank Scott accom-
panied him on one occasion in 1908;
HERMAN in 1907, and on several oc-
casions when he went there in his auto
mobile. Mrs. Mabray went along, sit
at the next street corner east of Marks
home while he went to Marks home to
pay him the money.
The Race Track.
The horse race proposition was
taken up in 1908, said Mabray, in re-
ply 10 the attorney generals questions.
At first they We're run wherever they
happened to be, on some public road,
out later race track was fixed Up on
the Marks farm south of Manawa He
and Marks rode for two days, said Ma
bray. in a buggy, going over all the
roads around Council Bluffs in an eff
fort TO secure the right kind of place.
They finally settled upon location
On what Marks said was his farm"
We went off the road thru a gate to
mis- farm. or what ne said was his
farm ran the testimony, probably
half or two thirds of a mile in from,
the road There was place there in
field Of alfalfa. where the soil was
sandy and would give good footing for
the horses. The rest of it around was
muddy"
Mabray proceeded to tell of the ac-
tuai construction of the track across
the alfalfa field. Marks told Bob Min
ter. his tenant. to do as desired by
Mabray, and Mabray arranged with
Minter to drag the alfalfa off the
strip. paying him SIC in currency for
the work.
The house on the farm, Mabray said,
was located some 800 or 400 yards off
| toward the river from the race track.
Among the races that were pulled off
on this track, said Mabray, were those
in which Henry Rubsert Of Douglass,
Wyo and G. A. Nelson Of Alma, Neb.,
were the mikes" These two men have
already testified IN tho circI,rn tancec