The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-05-16
Mail Fraud
Case Now in
Last Stage
Long Deliberation Expected
as Jury Has to Vote OH 10
Counts Against l3
Defendants.
Trial Enters Ninth Week

At $50 last night the jury in the
Colonial Timber and Coal corporation
case in federal court was still out,
after nearly eight hours of delibera-
ton.
The fate of Willard V. Mathews,
Thomas HI. Matters and II other men
was in the hands of the II jurors
Each OF the Is defendants is
charged with using the mails to de-
fraud on nine counts and conspiracy
to use the mails to defraud in promo
ton of the Colonial concern. Guar.
anty Securities company and other
institutions. The trial has been on
more than eight weeks.
Inasmuch as the jury had to vote
on 10 charges against each of 13 de-
fendants-130 verdicts in all-no ear
ly return was expected Guesses
ranged from late Tuesday night to
Thursday afternoon as the time
when the jury might be expected TO
return.
Jury Under Guard.
The II men retired under guard of
Anthony Rudy. deputy United States
marshal, at 1:45. after Judge j. w.
Woodrough had finished four hours of
Instructions and the attorneys for the
Is defendants had made their formal
objections.
Judge Woodrough stated that he
would impose sentences on any and
all who may be found guilty as soon
as the verdict is brought in.
lie placed the defendants technical
~ in custody of United States Marshal
Cronin. They spent the afternoon and
evening in the courtroom, corridors
and the judges chambers, passing
the hours as best they could.
Harris Fuller slumbered on sofa
IN the judges office. LeRobert Eykel-
boom, George Roach. Homer Molly
neux and Harold Coz.er sat about a
table. playing ''mah jong.' Chinese
game Willard V. Mathews and other
defendants looked on at times.
Wife by Minister.
In the courtroom. Rev. Charles Il
Rogers. aged Congregational minis
ter. reclined in a swivel chair, his
feet resting on another chair. His
wife sat by his side.
iht VI NUt NVni-
enfolk were present through the
suspensve hours. Mrs. Willard V.
Mathews, Mrs. Walter Stiekel ard
others Of the defendants wives were
there.
Thomas II. Mathers was enduring
his third experience of the kind He
has waited on two other jurIes in
the same court. Both the others found
Rim guilty. One OF his daughters
sat by his side in the afternoon. He
walked about the corridor and court
room good deal.
Most Of the attorneys in the big
case were there all through the long
wait also.
Jury Goes 10 Hotel.
At G the juTymen filed solemnly
down the stairs the elevators be-
ing stopped-and went to the Loyal
hotel in charge OF Deputy Ruddy and
Bailiff Anton Gross. for dinner.
Judge Woodrough announced that
the defendants could go out to din.
ner. but must return by 7;30.
Yesterday was the second day Of
he ninth week of the trial.
originally 20 men were lndlcted.
Two Of these are fugitives; Thomas
n. 4F'inney. who fled from Omaha
right after the Indictment; and James
Ellison. lawyer. who disappeared from
inarlcston. West Va.
Eight Dismissed.
-Four others the government dis.
ra!ssed before the trial started One
entercd a plea Of "nollo contendere.
Three more were discharged after the
rial started.
This leaves the following Is: vii.
lard Y Mathews of Omaha, head OF
a number Of banking institutions now
defunct; Lucien Fuller. Kansas City
lawyer: Rev. Charles Rogers, Lincoln.
minister; Harris Fuller former head
OF the Midland Savings bank Lincoln.
Lef,obert Eykelboom. George Roach
and Homer Molyneaux. Denver bank
ers. Walter Stickel. kearney lumber.
man. Ralph Sunderland Omaha: Har.
old Cozier, Omaha banker. Thomas
n Matters. Omaha lawyer; kogei
Gettier, Charlestown. w. Va: John
llecox. Omaha banker: Howard Shar.
rick. Lincoln stock salesman, and
James Cloud. Omaha stock, salesman.
Judge Woodrough has directed a
verdict OF acquittal for SharriclS and
Cloud. leaving 10 on whom the jury
is deliberating.