Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-01-01
JURY SAYS OMAHA GAMBLING
KING WAS NOT IMPLICATED
IN sWINpLEs.
REACHED IN
sEvENrY.FivE MINUTES
Arguments Continue Into Night in Or.
der TO Complete Case Before New
Ysar-Atterney General cosson Dis.
appointed But ssss Much Good A..
eompIishsd.

Council Bluffs, Jan. ben Marks
was acquitted by the jury at 1880
o'clock Saturday night Of the charges
Of completely in the operations Of the
Mabray gang Of swindlers. The verdict
was returned after four ballots by the
jury, only about seventy-fve minutes
after they had retired for considera-
ton.
The first ballot Of the jury stood
eight to four for acquittal, when taken
shortly after the jury retired. The
second ballot resulted the same as the
first. but the end was forecasted in
the third ballot, when one Of the four
men who had been voting for convic-
ton switched over to the defense.
There was long wait between the
third and the fourth and final ballot,
filled in with arguments and review Of
this feature and that Of the evidence.
When the fourth ballot was taken, 1t
and word was sent to the court room
that the jury was ready to report.
Judge Arthur had left the court room
but few moments before, and was
sitting in the lobby Of the Grand hotel
when word reached him that the jury
was ready to announce verdict. In
company with attorneys on both sides
of the long-drawn-out case, he went at
once to the court room, and'there this
verdict was read:
1--WE, the jury. find the defendant not
guilty.
"B. B. KING, Foreman"
After the verdict was read, the de-
PENDANT, Ben Marks, who has borne up
well during the three ardu-
GUS weeks Of the trial, started forward
as tho to speak to the jury. but he did
not offer to thank them or to shake
hands with them.
Few Hear Final Decision.
But few persons were in the court
room at the time the verdict was re-
turned. The judge who has presided at
the trial. Thomas Arthur of Logan, At
torney General Cosson. Assistant At
torney General Fletcher, Assistant At
torney General Sampson, the defend
ant himself, Emmett FINLEY, w. E. Nit
chell and George Wright Of his corps OF
attorneys, and scattering handful OF
not over q dozen weary spectators, who
had stayed at the court room upon the
possibility of an early verdict being
reached.
The verdict did not come as a sur
prise to those who have followed the
case. tho 1t had hardly been expected
the jury would reach a conclusion so
soon. after listening to the weary
weeks Of testimony
Following the returning Of the YER
dict. both Attorney General Cosson and
Emmett FINLEY, chief counsel for the
defense, were asked for statements
it.
Statements Of Counsel.
Il do not feel that the Importance Of
the case was fully realized" said the
attorney general. who has been the
mainstay of the prosecution all thru
the trial. Il would also say that had
A. p Fair, who had overheard certain
conversations that would have con-
nected the defendant definitely with
the operations of the gang. consenteo
to come here as a witness from Ne
braska, the result might have been
different"
Il do not know that there is any
thing to be said," replied Mr.. FINLEY,
"but the verdict is exactly what ex-
pected, and is exactly the verdict that
the jury should have returned from tho
evidence"
The members Of the Jury. who for
three full weeks have been listening to
the pleas and arguments of attorneys.
the crcss-f1re and repartee that flashed
back and forth across the attorneys
table and thep resentation Of evidence
first for the state. and then for the de-
tense. heaved a big sigh of relief when
they realized that their tasks were done
and that they were free to return to