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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 11, 1910)
The Omaha Daily Bee THE OMAHA DEE $orn to tho bomot In read by the women ?lis goodi for adTertlwrt. WEATHER FORECAST. Kor Nfhraskn Fair. For Iowa Fnlr. Kor wrnthrr rrj-ort aop PARC 2. VOL. XXXIX XO. 22S. OMAHA, KltlDAY MOllNIXG, MARCH 11, !ia-TVKtiVE PAGES. SlXdl.K I'Opy TWO CENTS. A -1 I VTT IT 'il I X 1 111 JTOAL CASE FALSE Garfield Say Sworn Statement Made by Cunningham Wai Presented to Him by Ballinger. REFERS TU THE GUGGENHEIMS It Says Copper Men Had No Interest in Cunningham Claims. BOND ISSUE NOT NECESSAS fi Former Secretary Defends His Irri gation Certificate Scheme. THINKS TAFT WAS MISLED Intimate Secretary Balllnger Mla-ht lie Itesponslblr fop Misinforma tion of President na to III Rerlnmntlnn Plan. WASHINGTON, March 10. James R. Oarfleld, former secretary of the Interior, Was finally excused from the wltneas stand at the BalHnger-Pinehot Investiga tion late this afternoon. His final half hour before the committee furnished the iepsatlon of what had been up to that ! Atlmo a decidedly dull dny. T Mr. Garfield stated that Mr. Bulllnger, tfter having been commissioner of the 1 land office, submitted to him on Septem ber 17, 19011, an affidavit signed by Clar ence Cunningham and containing the statement that the Ouggenhelms had no interest whatever In the Cunningham group of coal claims In Alaska, while as u matter of fact the record of a recent hear ing before the senate committee on terri tories shows that prior to the making of the affidavit the Guggenheim syndicate had been given an option of a half Inter est in all the Cunningham claims. Attorney BrandcM, who wa.i questioning Mr. Oarfleld, followed up this declaration by reading from Sccretury Bollinger's re port to President Taft on September 4 last, concerning the Olavls charges, the statement that Mr. Balllnger had sug gested to Mr. Cunningham an amendment to an affidavit made prior to the one which he presented to Secretary Garfield In September, 1901, and that Mr. Cunning ham ninrto the amendment by explaining in derail what he meant by certain terms usod In his former affidavit. Mr. Garfield said Mr. Balllnger In giv ing him the affidavit left the Impression that his action vai entirely casual and that he had been requested by friends In Seattle to leave It on file for whatever It might be worth. Mr. Brandels thon an offer of a position as a reporter. Young called attention to the fact that the name I Mr. Knox, who eloped with Miss May tf Mr. Balllnger'a law firm was prlned on Boler of Providence, R. I., and married her the backing ot the affidavit. 'n Vermont, waa quoted yesterduy aa The former secretary of the Interior I saying his father had warned him he would was examined and crosa-examlned as to have to shift for himself, his administration of the office which he PROVIDENCE, R. I., March 10. Phil gave up to Mr. Bnlllnger on MarchB, 1909. . ander C. Knox, Jr., said today that he had Mr. Garfield, In explaining what he did been offered so many postlons' that he was In the matter of the withdrawal of lands . bewildered. Telegrams are coming in from without specific provision of law, de- Bu parts of the country containing offers olared he was working In .the Interest oi ; the people .!.' to- prevent montipoiiowvi control of power sites and consequent ex tortlonate prices to the consumer. When he had concluded hla testimony Mr. Oarfleld took a seat beaide Olfford plnchot. and with srrai about each other's shoulder they sat for aome time In smil ing discussion of the day'a events. A. P. Davis, chief engineer of the recla mation service, followed Mr. Garfield on the stand. Mr. Davis said he preferred not to testify unless directed to do so by the committee. Chairman Nelson gave the llroctlon and Mr. Davis had Just rainy stated his testimony when adjournment waa taken until tomorrow morning. Itniicl Issue I nof cmnrr. Tho testimony of Mr. Garfield was en livened by tho declaration of the witness that ha did not believe the $30,000,000 bond is-ue recommendrd hy President Taft to congress was necessary for tho propur for warding of Irrigation work In the wefct. Mr. Garfield u!d this in defense of the co-operative agrenmerts he entered Into with water users' assooiations and of tho reclamation certificates he Issued In evi dence of work performed and which have come to be known aa "Garfield currency." Mr. Oarfleld claimed that It waa evident Attorney Ueneral Wtckersham and Presi dent Taft' did not have the proper facta before them woen tnoy reached opinions .ywetse to the legality of tho reclamation certificates. The witness Immediately Implkd that Mr. Balllnger might hare been responsible in thru connection, but he did not make an out right statement to that effect. The former secretary took Issue with Mr. Balllnger as to certain statements made by the latter In hla reply to Presldcnl Tuft regarding the various charges made against him. Mr Xlarfleld said he could not recall any conference wth Mr. Balllnger regarding the Cunnlnghaut coal claims, although Mr. Bulllnger said ho hud Immediately con ferred with Mr. Oarfleld after the receipt of Olavls' protist OKitlust the char listing of tie Aitibkrx claim. Mr. Oarfleld admitted that in urgliitf gen eral legislation by congress early in Ijus, he had made the statement that he was. willing to condone fraudulent entries In Alaska provided the cntrymen were com pelled to pay an Increased price tor the IruJ to the government. tiarfleld ou Alaska Ulll. Former becretary Oarfleld, resuming his testimony, made an explanation of the Alaska coal bills that were Introduced In congress during hla administration of the Interior department. At the hearings on these bills Mr. Oarfleld euld he and Mr. Balllnger, who was then commissioner of the land office, differed on the question s to whether proposed future classifica tion Ot coal lands In Alaska and an In crease of price over tlO an acre should ppl to locations already made and or dered, , The witness said Mr. Balllnger thought land already entered thou 11 be allowed patent at th f 10 an acre rate provided by the old law. This would have allowed the Cunningham claims to be pild for at that price. Questioned by Senator Sutherland, Mr. Garfield said he believed hlm-clf that m to locations "made In good f:l;n tho en trymtu should have tho rl-hi u the price." "Jim" and "lllvk" I.ct.'era. r aliiflcld t'.en an exchanro of letters bcO.!) himself h ml Mr. iui:inger. aftrr the- :ttei i-nj left th lanj office In April. Idi-i, and while the c. al bills were still ptnii'.nr.. Mr. Bal'llngrr addressed Air. OurfUld as -My Dear Jim" and the latter replied "My Diar Dick." Mr. Balllngcr's letu . . .vMi-iil'v, Continued, oa Second Tage). Masourcdis Prefers Life to New Trial Greek Who Killed Officer Lowery Loath to Leave the State Prison. John Masouredls, convicted of the murder of Patrolman John Lowery of South Omaha and sentenced to hang June 10, would rather serve a llfo term In the penitentiary taltH Ills rhanrfi In inrtthpr trial J wmv lh I ' - I, V. -11 .... .t.An.i , " " j inn 'J i T7v r miriivu rviuiiij st leaving the penitentiary at Lincoln xpressed hia desire to remain In uredls was convicted of first degree and sentenced on September 11 i T. die on the acaffold. Lately the H i court granted the prisoner a new tr '.he basla that there were errors In V nlsslon of testimony at the trial. Ma i was convicted In district court bcfi Sutton. Since convicted the CJreek has been doing manual labor In the prison workhouse. Prison life has evidently agreed with him, for h has Increased considerably In weight. Officer Lowery was shot down In the street by Masouredls In the presence of Llllle Breese, an American girl, and tier little brother. The trio was under arrest at the time, nt a pistol fight that took place tho Greek received a flesh wound, the policeman dying shortly after the shooting from a mortal wound In the ab domen. Masouredls was captured later, hiding under the bed of his room. A mob, mean while had formed and talk of lynching was rife. It was brought out In the trial that Masouredls had been In the girl's room to receive Instruction in talking, reading and writing tho English language. Portal to Fortune Opens to Knox, Jr. Flattsburg, N. Y., Newspaper Offers Disinherited Son of Secretary Job as Reporter. PLATTSBURQ. N. Y.. March 10. An op portunity for Philander C. Knox, Jr., son of the secretary of state to begin carving out a fortune and future for himself and his bride was tendered to him today when a Plattsburg evening newspaper wired him ot positions In mechanical lines- lie -said: "I have more friends than I thought. I have twenty-five offers of positions now and more are coming. I am considering an offer In this city very srrtously. It is along mechanical lines and I think I may accept, at least for awhile." Young Knox will begin next Monday sell ing automobiles. "I think I am suited to the business," he said, "and will show my father the stuff I am made of and perhaps I will own a factory myself some day." Mexican States Fight Corn Trust Local Governments Import Grain in Effort to Relieve Poor Op pressed by Corner. GUADALAJARA. Mex.. March 10. War on the so-called Haclendoa Corn trust Is now being waged by the Ouanajauto and Jalisco state governments, which have ordered 1.300 bushels of American corn shipped at once from the Paclflo port of Mansanlllo. This corn will be sold to the poor at cost by the state governments. In an effort to secure a higher price for the Mexican product the commission men and othera have secured a practical corner on the market, which tho government Is now trying to break. TAFT TO VISIT NEW YORK President Will Make Two More Ad dresses In Metropolis on March 22. NEW YORK, March 10. President Taft will make his third visit In five weeks to this cUy on March 22, when he will come to make two addresses. The first will be before the American Peuco and Arbitration league on "Naval Armament In Ita Relation to the Preserva tion of Peace." The second address will be at the banquet of the New York Re publican County club. Other speakers at tho political banquet will be Senator Depew, Repreaentatlves Parsons nnd Ben nett and Collector of tho Port Loeb. On May 9 President Taft will be at Pat erson, N. J., where he la to mnki a speech. Passenger Takes Motorman's Place and Prevents Accident H. A. Rroberg, general manager of the Carter White Lead works. Is a real hero. Sixty passengers on an East Omaha street car were at least saved from serious injury. If not from death, when Mr. Bro berg rushed to the assistance of the mo torman who had lost control of the car and stopped it as It was about to be run down by a switch engine at Thirteenth and Locust streets. As It waa the runaway was stopped Just at the tracks and the locomotive, rushing by, clipped orf the fender of the car, but did not damage It otherwise. Passengers were terrified and there waa a mad scram ble for the exits. After bringing the car to a stop anj thus preventing ono serious accident, Mr. Broberg turned on the current and ran the car safely over the network of tracks, and In this wsy removed It from further danger of being caught by a train, then coining from an opposite direction. CHICAGO CORNER IN l'ORKSUPPLY? South Omaha Men Think Market is Being Handled by Windy City Bulls. FIFTEEN-D 0LLAR HOGS IN SIGHT Present Price Likely to Go Much Higher Jet. ONE PACKER IS BEING SQUEEZED Man Who Thought Seven Dollars High is Caught. NEW RECORD ON OMAHA MARKET Ten-Forty-FIre Paid for One 1-ond Thursday and Supply la Short t All of the Blar Market. Fifteen dollar hogs! That's the prediction made by a South Omaha man, who is In close touch with the market. He says It will not surprise, him If hogs go to $15 per 100 pounds "bffore the bubble bursts." "Of course, It is a bubble right now," he argues "for even )10 is an unnatural price for hogs and It Is not warranted by natural conditions. So long as the price was giing up a nickel or a dime at a time, it seemed like an outcome of the scarcity, but when It begins to Jump by quarters, 'then the only rational conclusion is that there's something buck of It all more potent than Just supply and demand. "Who do I think it Is7 Well, It's some body not far away from the Board 6f Trade building In Chicago. The South Omaha boys have had this in mind for several days, and are keeping , as close to shore as possible. It Is the general belief here abouts that one of the big packing firms, whose name has been much In the papers of late. Is getting beautifully squeezed In a pork deal. The head of this firm thought when hogs touched IT It was too high, and said he was willing to sell provisions on that basis. When the $8 mark was reached, he was still of that opinion. Now It Is up to $10 and Is going up by wild Jumps. He Is said to have sold a lot of provisions on the $7 and $8 basb, and Just how he is going to get out Is now keeping him up at nights. Little Ilrlnar Salted. "Not a great deal of this $10 pork is going Into the cellars. The supply of hogs on tho market Is scarcely more than what Is required for the fresh meat trado, so that the actual stock of provisions is not being extended by the costly pork. But a lot of stuff packed months ago is coming out now at the fancy figure. How long It will keep up can't be told; but the short supply of hogs Is favorable to ne corner that is ap parently In full awing, and Its no. wild guesa to say that somebody's going to get an awful bump when, the blow does fall. It will be worse than the lard deal one of the packers tried to pull off some years ago. Ills firm still has some of that lard for sale. Hogs sold In South Omaha yesterday for fl0.45, the highest price ever paid at the lo cal yards. On other markets the upturn was still noticeable. Cheap Stuff on Market. Another feature of the situation Is that animals that a year ago would not be looked at by the packers are being sold now at fairly good prices. For example, sheep that would'ht have been touched last seas on, being worth less than a dollar a hun dred, aro now going at $4 and $4.60, and cows that were being turned over to dairy men are being taken on by the packers at prices around $5 to $5.50. Receipts continue light at all big markets. Tho reports for the first week In March show a shortage of $215,000 head as com pared with the same time last year. FIVE RECORDS ARE BROKEN ON L0CALST0CK MARKET Hose Lead Off at Sonth Omaha with ft 0.4 5 Per Hundred Pounds. Five records were broken on the South Omaha live stock market Thursday, when Clay Robinson & Co. paid the highest prices In the history of the market for hogs and sheep. Sixty head of hogs were bought from C. A. Swedeborg, a farmer from Hampton, that averaged 331 pounds and brought $10.45. They also bought 490 head of Mex ican lambs that averaged seventy-six pounds and brought $9.45, 211 ewes that averaged ninety-five pounds and brought $7.70. 176 western wethers that averaged ninety-four pounds and brought $7.95 and fifty-one yearlings that averaged 'eighty pounds and brought $S.75. CHICAGO, March 10. The price of live hogs at the stock yards here Is rapidly ap proaching the civil war times level, a fresh advance today carrying the figures up to $10.90 per 100 weight. In 1885 the price soared to $13.25, which Is the highest point ever touched in the history of the market. KANSAS CITY, March 10. Live hogs here today sold at $10.56 per 100, a Jump of 60 cents above yesterday's close. INDIANAPOLIS, March 10 Live hogs sold here today at $11.10 a hundred weight. The East Omaha car was coming down the hill at a fair rate of speed about 7 o'clock In the morning. H. J. Klok, said to be a new and Inexperienced man, held the controller. Half way down the hill It waa evident that the car was gaining speed and Mr. Broberg, comprehending the situation, rushed to the front platform. In the meantime the motorman Jumped when he ww the switch engine bearing down the track. With a simple twist the hero-passenger reversed the current and applied the brakea. The car was brought to a stand still Just at the edge of the tracks. The engineer on the switch engine also showed presenoe of mind by opening the throttle and putting on apeed, for In this way he calculated on clearing the crossing ahead of the strvet car. "It was all very simple." said Mr. Bro berg, after the event. "The motorman loat his head and I simply took his place and did the natural Uilng." LCTIOH TIME lAm WHEN IT COMES To VOTE. iffy "SS I M a ' mu id! The From- the Minneapolis Journal. RETAILERS SELECT OMAHA State Federation Votes to Meet Again in This City. EE-ELECT FEED BLEBS PRESIDENT i Profase la Their Kxpreasloas of Ap preciation st What Has Bees Done for Their Comfort and Pleasure. , , Fred Piers, Madlsoni president. Henry Bolton, Schuyler, vice president. W, H, Avery, Tllden, secretary. M. A. Hostetler, Bhelton, treasurer. . Executive Committee S. F. Langhorst, Elmwood. , . E. B. Finch, Kearney. . . Ered Pewtber, Arlington. ' John Gallogly, Atkinson. Eugene Batten, Hastings. These men. were elected officers of the Federation of Nebraska Retailers, and Omaha was selected as tho next place of meeting at the closing session, yesterday. Fred Dlers was re-elected president of the organization, although he announced that he did not wish to serve for another year because of his personal affairs. But ho bowed to the wish of the convention, as he said he realized the work would be much lighter this year because R. D. Mc Fadden, field secretary, would be able to relieve him of a large share of It. Not a vote was cast against Omaha as the next meeting place of the convention. Invitations were read from the Commercial clubs of Hastings, Lincoln and Omaha. The applause which greeted the reading of the Omaha Invitation showed clearly the way the wind blew, and a motion was at once put and carried without a dissent ing voice to hold the convention In Omaha next year. . Task of Giving; Thanks. The resolution committee reported that it was overyhelmed with the task of drawing a resolution which would sufficiently thank Omaha and the Commercial club for the magnificent manner In which they enter tained the delegates and asked the con vention to express its thanks. This was done and the committee was asked to draw up a feultable resolution. Omaha was given credit for the large attendance at the convention. It was stated that the advertising given the convention by the publicity department of the Com mercial club was largdy. responsible for the large registration of delegates. The books showed a registration of nearly 300. S. L. Mains, deputy state food commis sioner, responded to an Invitation to ad dress the convention and he told ot the work done by his department to see that the laws of Nebraska were upheld. He asked t co-operation of all the mer chants In the enforcement of there laws. Ho said Nebraska was too great a ,dalry state to talk about laws for the promotion ot the use of oleo and told of the efforts which were being made to Increase the size ot package goods. The convention adopted a resolution con demning the proposed parcels post meas ure as being against the Interests of the retailers. The following were among the resolutions adopted by the association: That we, as merchants, should devote more time and study to politics locally, also In state and nation, and give our loyal support to those who will best represent our interests, and as far as possible to have a good representation ot merchants In ses sions of the legislature. Whereas, One of the graetset needs of (Continued on Second Page.) The Bee has made Easter shopping easy. It Is printing dally on 1U want ad pages In the For Easter Column, the announcement of dealers who have made a specialty ot Easter finery. Have you read the want ad pages today t Democratic Party and Postal Savings. Curse of Church Cuts Property Values in Two Decree of Excommunication Against Buyer, of Expropriated Lands Costs Millions to State. PARIS,- March 10. N further1 arrests had been miido today In connection with the scandal developed In the discovery of a shortage of something like $2,000,000 in the accounts of M. Dues, one of the liquidators of the church properties- taken over by the State. Tho severe criticism of the Judicial authorities for the lax control exercised over the liquidators, continues, however, and the prosecuting attorney's office especially is being attacked sharply. The most fantastic details of the meth ods employed by Duez aro published. Ac cording to thtse he obtained a commission of $39,000 on the sale of the Stanislas col lege property and gave a long lease of an other property for $2,000 which lease waa immediately sublet for $8,000. The Journal gives some Interesting fig ures regarding the deterioration of the property of non-authorized congregations and teaching orders which former Premier Waldeck-RouHs-eau originally estimated would realize $300,01,000 for the estate. After Inventories had been made the esti mated figures were reduced to $100,000,000 and subsequently to $50,000,000 when the church Issued a decree of excommunication against the purchasers. As a matter of fact, the gross receipts thus far from this property amount to only $13,000,000, of which sum $13,200,00 has been expended In the ad judication of claims against the property and In other costs, Including attorney fees, expenditures and commissions to the liqui dators. Land Void of Power Sites Large Fart of Withdrawals Made by Garfield Alonj Grand Eiver Are Restored. WASHINGTON, March 10.-A large part of the lands withdrawn by former Secre tary of the Interior Oarfleld along the Grand river In Colorado and Utah on the ground that they contained power possi bilities will be restored to entry by Sec retary Balllnger, an examination having shown that only 12,392 acres are service able for that purpose. TARIFF EXPERT IS DEAD Charles II. Evans, Who Assisted In Maklnir All mils for Twenty Five Years, Passes Away. WASHINGTON. March W.-Charles H. Evans, an employe of the Treasury depart ment who assisted the congressional com mittees In the preparation of the various tariff bills from 1S72 till 197, riled at his home here yesterday aged seventy-eight years. Because of his familiarity with tariff statistics ho became known among his associates as "Old Ad Valorem." Rescued Man's First Request is for a Chew of Tobacco PITTSBURG, March 10. A fifty foot brick wall left standing In the ruins of the fire which early Tuesday morning partly destroyed the bolt and nut manufacturing plant of M. Lanse tt Son. In Carson street, south side, collapsed today burying twenty workmen, killing two and probably fatally Injuring ten. None of the twenty men escaped Injury. Thirteen were foreign ers. Five workmen caught on a temporary scaffolding on the third floor, Jumped to POSTAL JAVJNGS POLICE PREVENT MEETING Gates of Base Ball Park in riiila delnhia Are Closed. CROWD GATHEP.S IN STREET Pratt Demnnds AdmUslon and Plies ' Protest vrlth Of fleers Several Street Cars Attacked, bat Jollc Hoatter Crowd. PHIliADELPHIA, March 10 A crowd estimated at 10,000 persons went to the na tional cague baseball club park this after noon, despite the announcement of the au thorities that a mass meeting called by tho general strike committee would not be per mitted. There was no disorder of conse quence near the park, the gates of which were kept closed. At one o'clock the crowd filled Broad street for six blocks north from Columbia avenue. C. O. Pratt, the leader of ths striking car men and the car mnn counsel got as far as tho ball park gates In their automobile and formally domanded admit tance. When this was refused they entered a protest with the police tnd started back toward the city hall. The crowds followed them at Fifteenth and Norrls streets a band of men attacked a car, breaking all the windows. At Broad street and Columbia avenue another c:ir was assaulted with missiles. The poilce man on the car drew his revolver and a moment later was struck with a brick. He was sent to a hospital. Newspaper Men Arrested. Five newspaper reporters who came down Broad street In an automobile ahead of the crowd were placed under arrest. The authorities at the city hall were kept Informed of events at the ball park and when the crowd started away from thero all the reserves In the building were massed In the city hall courtyard to await events, and other steps were taken to prevent a march Into the hall. When the leaders of the crowd reached Ridge avenue, a mile from the city hall, they found a line of policemen atreitched across the wide thoroughfare. The police soon controlled the situation. The five reporters were charged with In citing to riot. After a hearing they were each held la H.000 ball. Mor Fig-area by Committee. The committee of ten of the Central Labor Union which Is conducting the gen eral strike has given out figures to support Its claim that between 126,000 and 160,000 persons are Idle. It announced that the total number of men, women and boys and girls on strike up to last night was 139,571. The committee gave out the following ap proximate figures: Building trades, 40,000; metal trades, 20, 000; textile trades. 30,000; garment workers, men's wear, 10,000; garment workers, wo men's wear, 9,000. Miscellaneous trades: Asbestos workers, 103; cloth hat and cap workers, 210; cigar makers. 2,300; shirtwaist and laundry work ers, 1,000; piano movers, 151; bakers and confectioners. Stl; pavers and rammers, t63; suspender makers, 211; electrical workers! 865; waiters, 110; upholsterers, 142; street hackmen, 110; rhsuffeurs, 150; street car men, 6,200; hatters, 274. According to the labor committee the (Continued on Second Page.) safety. Two others were rescued badly bruised from a perilous position astride a swaying wall. Injured and dying men were dragged from under piles of brick and mortar. An hour after the accident, two work men were found alive, but crushed In crevice between timbers and brick piles. Directing the efforts of the rescue party, one ot the buried men asked for a chew of tobacco, which was handed to hlra bo tween a crack In the piled up timbers. MAHKAY MIKES TELL0F DEALS Testimony Given by Members and Victims of "Bi? Store" Ging nt Council Bluffs Trial. THREE "WRESTLERS'' ON STAND Tell of Turninj $10,000 Trick Ono Day at New Orleans. LETTER FLAYS IMPORTANT ROLE - v Transmission Through Mail Part of Technical Charge. MANY WITNESSES YET AVAILABLE rroaerntlon Has li!t More Who Can t srd In Cases Aanlnst Mabrnr and Ills i:ihtrr Fellow Defendant. Testimony of members of the "big store" EMi'.K ami Its victims began the trial of John ('. Miibrny and eighteen fellow-de-fendantrt before a Jury of farmers and tradesmen In United States court at Coun cil Bluffs yesterday. The prosecution has opened fire with tho stories told by work ing members of the gang who have been treated to the Immunity bath. One hundred and twenty-seven witnesses for tho govern ment aro avallHhle In court, Including a vast array of "mlkos," and "nilkers" who have turned slate's evidence. Mabrny has burned his bridges behind him and thrown down tho gauntlet for a battle In his refusal to necept a proposi tion for a plea of guilty. On the condition thut lie should enter a plea of guilty In federal court and give testimony before the grand JJury of Pottawattamie county with reference to men under suspicion, but yet not Indicted, the ten Indictments against him in the state court at Council Bluffs were to bo dismissed. Malirny Stand Put. "You can hang me first before I will turn on those fellows," Mrvbray is quoted as having answered the proposition made, by W. H. Byers, attorney general of Iowa. Thomas Gay of Streator, III.; Ernest Fenby of Shepherd, Mich., and James K. Cooivs of Oswassa, Mich., wrestlers who worked for the ganw. were the principal witnesses of tho day. C. A. Nelson, a farmer from Alma, Mich., who was vic timised fur $2,0110 en the typical Council Bluffs horse race In the fall of IMS, also told his story. Cay, Fenby and Coons, whllo under indictment, are not to be pros ecuted In federal court, according to the understanding reached, Fenby and Coon have not been arrested and came to Coun cil Bluffs on subpoenas. Through the testimony of Fenby, the prosecution Bcored a paint In connecting Maliray with a part of the anonymous cor respondence of the gang. . The names of the Jury which Is hearing . tho cuee are; . ICIaht Farmer- Jnrj". . ' T. B. Koolbeck, harness mttkeY, Harlan. Charles Oraiikow, retired farmer, Persia. A. P. Hoi an ler, rMlted farmir, ISchle wij(. 1.1. It. ltoherts, printer, Manila. Frank A. Foote, retired farmer, Logan. W. 1j. Paup, retired farmer, Harlan. James Stler, retired grocer, Atlantic. J. H. Pcnrod, Jeweler, Logan. J. B. Norrls, farmer, Logan. I. W. Boems, farmer, Harlan. C. M. McCord, farmer, Harlan. II. I'. Mundt, fanner, Manning. The Jury was completed at 12:20 o'clock after three hours of fast work. The exam ination of the talesmen was brief and lit murked contrast to the procedure that ob tained In tho Impanelling of the Jury which tried John It. Dobbins In the state court, the first trial of a member of the gang. I Farmers constitute a majority of the Jury, while the remainder are tradesmen. Most of the members of the panel are men post I middle age. When court opened three more defend ants appeared and were arraigned and pleaded not guilty. They were Ed McCoy of Salt Lake City, Fred S. Mull, Solon Springs, Wis., and George U. Morrison, Superior, Wis. This brings tho total num ber of defendants up to eighteen. Thomas Gay came all the way from Chi cago to be an aimed, btlt when he at tempted to plead guilty, he was "shoved" back in a chair by Colonel Marcus Temple, Mike Wagner of Denlson and C. H. Sampson of Audubon, talesmen, told tho court that they had been approached by a man who told them he wag a "mike" and attempted to get them to talk about the case. The talosmen did not know what the man's name Is, but both assured the court that they would khoW him If they saw him again. John R. Dobbins and Ben Marks were granted continuances until nest term 'of court. They are both out oh ball. Jury Given Special Warning. In his charge to the Jury Judge McPher son urged them to the greatest caution In positive terms. "The town Is full of deteotlves and spies on both sides," declared the Judge, "Make no mistakes." "It seems to me that there l a, bevy of men about here who are, attempting to peddle out what they call facta, Tou will try this case on what you hear from tha witness stand." The opening statement were made by Marcellus L. Temple, district attorney, for the prosecution, and Emmett Tinley, Ma bray's lawyer, for the defense. Colonel Temple gave a generalized state ment of the methods of the Mabray gang and defined to the jurymerfthelr duty In the case on trial as only to CsoWe whether or not the defendants were guilty of hav ing used the malls In the perpetration ot fraud. The crimes Involved in these fraud themselves, he emphasised, weer to be pun ished by the state court having Juris diction. Mr. Tinley made much of tho technical phase of the case In relation to tha question of the use of the malls and followed thla lead painstakingly In the examination of witnesses. Thomas Gay was called to the stand early In the afternoon at tho completion bt tha opening statements to tell hla atnry, that of the Mabray gong's operations by a. man on tho Inside. Oay, a wrestler. Is youthful In appearance for his 83 years. Ills testi mony was decisive and frank, delivered with the air of a man who knew Just what he wus Into and who waa willing to un bosom it all. "Are you acquainted with John C. Ma bray?" aaked Colonel Temple. "Yes." replied Oay, as he turned a bit In hU chair to look at the principal defendant sitting surroundtd by attorneys at the de fense's side ot the table. 'Taklnw Part as Millionaires." "Where did you meet him?" "At New Orleans, when I want dowa