Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-12
COUNCIL 0LUFFs lRRiTArEp ~
PROSECUTION OF MARKS
AND MAsRAY.
READY TO CRY QUITS
AND PROMISES TO BE GOOD
cItixsns Object 20 Expsnss Of Second
Trial 81 Marketable View That
Moral Atmosphere Has Been Cleared
and That Was Object Sought in
Prosecution Of swindle syndieats.,
Special to Times Republican.

Special to Times Republican.
Council Bluffs, Jan. lathe denial
Of Attorney General George Cosson Of
his reported intention of asking for a
change of venue in the trial of the re-
manning indictment against Ben Marks
In district court Of this county. has
revived interest in the Marks matter
and discussion Of the prosecution OIL
the second indictment against Marks.
Sentiment favoring prosecution on
this indictment is lacking. the public
generally taking the position that no
good could be accomplished in a second
trial of the case, for this it would vir-
tually be, the evidence in charge Of
compromising a felony in relation with
the operation Of the so-called Mahray
swindles obviously being nearly if not
entirely the same as was produced in
the case just tried, which was on an
indictment charging Marks with fraud
Feeling that second trial would be
q useless expense is not found wholly
with the friends of Marks. for some of
the warmest admirers of the attorney
general express themselves in this way.
They congratulate Mr.. Cosson for the
splendid showing he made in the case
just tried AMI argue that despite the
fact that Ben Marks was acquitted the
moral effect upon the community has
been Just as good as tho Ben Marks
was already in prison suffering Tor
the crime Of which he was charged
and acquitted.
Leaving out Of question or interest
the testimony CT any but the witnesses
for the defense the showing made was
regarded as not only highly Interesting
but quite remarkable. In general
way the public has always been cog
infant Of conditions in Counct: Bluns
in regard to public gambling and kin
.dred violation OF the code. when those
conditions existed, but much OF the
detail was bought out in the trial with
which the public was not familiar and
George Cossor g given credit for 1t.
Aftsr System, Not Marie.
It is also worthy of remark that
most Of the people who morally II not
actually aided the attorney general IN
the prosecution Of Ben Makes had
no desire to see the accused sent to
prison. n a verdict Of guilty ned ceen
returned with suggestion that the
defendant be recommended to the
clemency of the court. and the court
had fixed a stiff fine, it is doubtful II
there would have been among the
hackers Of the state single voice
raised insobjection. There has never
since the Indictment of Marks. been
svindictfve,, v,ica raised against Ben
Marks. Despite any belief tosthe- con-
trary the people Of Council Bluffs have
never thirsted for ''blood" as an atone
ment for TIE crimes Of which Ben
Marks stands convicted in the minds
Of the public and of which he calmly
confessed upon the witness stand. He
admitted that he was a gambler by
profession and that it was matter
Of business with him. 1t was not nee
essary for him to admit the public ills
that resulted as matter Of course.
Moreover, the citizens Of Council
Bluffs submitted for years to this sort
of regime: gave it sanction, as 1t
were, and there is no escape from this
responsibility, argue many in discuss
ing the case.
Any discussion Of the Marks case
can hardly be INDUCED without some
reference to Mabray and the possible
disposition Of the numerous indict-
ments hanging over him in the district
court of this county, and the feeling
so far expressed is very much the
same as with Marks.