HIE BEE: OMAIIA, FRIDAY, SEPTEMBER 9. 1910.
V
j Council Bluffs
SUM DISMISSES HIS CASE
Willing: Mabray Mike Unable to Prove
Collusion of Local People. '
JUDGE SAYS EVIDENCE LACKING
lonrt Rvpenteillr Ilrrlnrr (use With
out I'oandallon hurt Mlnnmnliii'i
l.nnrrn Dllrh It with
ytnr Other.
Th suit of Samuel Sutor, Casi Lake,
Minn., flnanrlur mid hotel man. asalnst
the Klrst National bank, Ernest K. Hurt,
It prsldnt; J. J. Fplmller, Its mtililer, and
Uenjamln Markn, to recover tf.OriO Inst by
Sutor when he played the willing "mike"
for the benefit of the Mabray Bng, earn
to a precipitous end In the federal court
at Council muffs yesterday afternoon when
Sutor's attorney!, Robertson and Crawford,
moved to dismiss It without prejudice. In
the. complications that Immediately followed
nine more- of the fourteen "mike" cases
went the sam way. -
The end came at 6 o'clock, after the court
had ordered two brief reccrses to enable
the attorneys for Sutor to find two alleged
Important witnesses and had failed to do
o, and after Judge McPherson had declared
In the most emphatic language his opinion
of the evidence that had been submitted to
sustain the charge that the defendant bank
and Ita officers and Marks had guilty
knowledge of the plans and operations of
the Mabray swindlers. Kurller In the day
the court hud ruled that Sutor could not
recover unless he was able to make a prima
t, facie case of conspiracy. Involving the bank
and one or all of the defendants.
Scott Takes stand.
Vp to 4 o'clock a continual string of the
plaintiff's witnesses went on the stand and
- told the tales of how the swindling opera-
( lions were conducted, but no attempt was
made to connect the bank and others with
the business until they put on Frank Scott
of Pawnee, Okl., one of the Mubrayites, who
turned state's evidence and aided in se
curing the evidence that convicted the other
Indicted men. Scott said he knew nothing
of his own knowledge, but was told by
Mabray and the others .that the Council
Bluffs officers, one of the newspapers and
many of the cltliena had been "fixed," and
that Ben Marks was the "fixer." Scott was
very uneasy, for directly In front of him
at the counsel s table sat the venerable
Colonel Stokes of Holt county, Missouri,
who had known Scott all his life and who
had been called to Council Bluffs by the
defendants to Impeach the Oklahoma man's
testimony. Scott waa to have been the star
witness for the prosecution, by whom it
was to be shown that Marks and the bank
officials were in frequent secret conferences
with Mabray and his lieutenants, but he
seemed very much disturbed by the Intense
ODen case of the Missouri colonel. He was
thua only able to recall one Instance when
be saw Mabray apeak to Marks and none
whatever with any of the others. He saw
Marks, driving along the road to Manawa
one day, stop to examine a couple of coats
hanging on the fence, and while doing so
Mabray rod up and spoke to him, claiming
lha coats, and Marks drove away.
Court Ineeaacd.
.After much similar testimony, In which
there war Insinuations Indicating that all
the olty and county officers and a large
percentage of the reputable citlsens of the
city had been "fixed," Judge McPherson
losing patlenea, 'declared with emphasis;
.""I will not allow this court to be made
a smut mill. It's an Injustice to allow
the publle oncers, financial institutions and
, newspapers to be slandered by the gossip
of this gang of scoundrels. Tou must
make a prima fade case against one or
more of these defendants before I will
permit any more of the declarations of
these conspirator to be admitted la, erl
A fence."
, After traversing for three hour through
evidence showing only the swindling
charaoter of all of the operations, by the
testimony of many witnesses, who were
I also "mikes," Inoludlng , Congressman
J Thomaa Cale of Alaska, . who lost 98,000,
' W. H. H. Bedford, the Bolook, Mo., cap!
tallst. who lost $30,000; William M. Mo
Qrath, the Minneapolis lawyer-newspaper
man who dropped $10,000, and several
others. Judge McPherson again lost his
patlenea
Court gay Bait Falls.
"I have permitted counsel for the plain
tiff the widest latitude and let them con
sume the time of the court by floods of
testimony showing the character of .the
swindlers In the face of the statement
made by Mr. TInley for the defence that
defense would not controvert this evidence,
and the only evidence the plaintiff has
produced here to establish a prima face
case of conspiracy Is that one man says
he saw Ben Mark atop ,to examine two
coats he saw hanging on a fence and Ma
bray came up and claimed them and
Marks rode away, and the evidence of an
other witness who says he saw Mabray
icolng several times into the rear of Marks'
leMdence. That same state of facts could
' l true with . me or with any person
There is not one lota of evidence here con
iitictlng the bank, Mr. Hart, Mr. Splndler,
or any of these defendants with Mabray,
Thi-te in nothing here to cause the slightest
yuupielun In the mind of the most suspl
clous person In this court room that Marks
or ai of these defendants hud an under
iiO. with Mabray."
MrGrath Case firxt.
It Mi iu plululy evident that Judge Me
I'liervuti would vuslaln a motion by the dc
fonso to dismiss that Attorneys Crawford
am! Robertson, after a hurried consult
Uon. forestalled! such a ruling by moving
to Jimnliw the case without prejudice, an
immediately to empanel a jury to hear th
tue of MvCratlt against the name defend
iMi. Heference to the docket allowed
UUn case wad one of the last to be tried
tunl JiMlge McPherson said:
"Tou will try the cases according to the
akxixmiieivt or 1 will diNtnisa them all."
TI.Ij still further complicated the situa
tion ami the attorneys maintained their
standing In court bv divtiilssing all of the
c.iseti penjlug between the Sutor suit and
McUratfa's. Judge McPherson immediately
uOJouined court, directing the I'nlted States
n:arshal to have twenty-five additional
jurors, all from outslda of 1'ottawattamls
county. In the covin by 9 o'clock this morn-1"S-
Am American King
i the grear king of currs, nr. King's New
l'ieoviy, the quick, sft. sure cough and
old i Minod. DOc and S1.U0. For sale by
lieu tun (.H'tlg.Co. '.
prepare for un early- winter. Do your
wull papering and pointing now. Kvery
thbii 111 uo-tn-d.lte wall papeis and puititl
1 all be found at our store 1n the Masonic
nn 1. ' t i Jenyen.
' V. ri mihina Co. Til. So. Night. llTtt
)Vm i V iia frum WUaer.
AVNK.: Nb.. Sept V-tSpecl:.! Tle-t;iwii.l-
V isfier and Wn.' ii tall team m
lrinlvl a &u.al, crowd ui t.e prk tr.l ;
uttiiM'Mi lii u l J - - lie. V.'avue w n-l.u.ii-
Uulteiir: Vtavi.i. Muivau jnj jjv.
li.; Wuiii', vliaiU -11 J k-rk.
Papal Delegate
Faints During
Big Reception
Aged Bepresentative of Pope Piut
Will Be Forced lo Curtail Activi
tiei at Eucharistic Congress.
MONTREAL, Sept. .-Carllnal Vannu
telli, the aged representative of plus X. at
the Kuchartstlc congress, fainted last night
in the midst of a brilliant reception given in
his honor by the, Canadian government.
There were 4.00U persons In the gtat
drawing room of the Windsor hotel, when
Sir Charles Murphy, the secretary of state,
caused the announcement to be made that
the prelate was unable to continue the re
ception. Half ton hour later, however, the
legate said that lit was quite himself axaln
aid wished to ltturn to the drawii, room.
Hut lr. Uuerin, mayor of the city, advised
him to abandon the reception and he was
taken to the lplucopal palace. Several
pnyslclaiis offered their services, but ti
all the prelate said in broken English:
"I am just tired; that is all. You wouldn't
have a ycung man like me be tiighiencd
In the presence of :uy colleague. Cardinal
Logue."
Cardinal Vannuteill had received, per
haps, l,oo0 persons when he collapsed.
He had Intended to attend a night service
at Notre Lme and the structure was
packed to capacityabout Ij.000 persons
and 6,000 more were gathered outside when
word came that the cardinal would be un
able to be present.
Monslgnor Bruchcsi also intimated that
it might be necessary to cancel several of
the minor engagements of the legate as it
waa evident his strength was being taxed.
The social features of the congress were
begun this afternoon with a luncheon given
by the provincial government. Sir Homer
Uoutn, premier of Quebec, presided. Cardi
nal Vannuteill, Cardinal L.ogue and Mgr.
Bruchesl sat on a dais and about them
arrayed in their purple robes, were arch
bishops and bishops from all parts of the
world. After luncheon a crowd of men and
women, among them laborers from the
streets, broke the guard lines and Inter
rupted the progress of. the prelates from
the main hall to the carriage entrance.
The papal legate Insisted on standing In
the midst of the crowd. He spoke for about
five minutes, shook hands with the labor
ers and gave his blessing. When he had
gone the crowd tunned their attention to
the other visiting prelates.
BRIGHT YOUTH BARRED BY AGE
Leslie K. Saal May Not Enter Annapo
lis Becaaee He Will Be Twenty
Years Old Soon.
(From a Staff Correspondent.)
FORT DODE, la.. Sept. 8 (Special Tel
egram.) Because Leslie K. Sual of Carroll
will be 20 years old one month before the
spring examination for Annapolis Naval
academy he Is barred as a candidate for
entrance from the Tenth district, although
he received the highest marks In the pre
liminary examination here last spring.
Romeo Jondreau of Fort Dodge was alter
nate and. will get the appointment
rouia
iLaiu
. KAlStS INDIAN WAREHOUSE
Assistant Commissioner Abbott Says
Omaha House is Best.
SAYS RESERVATIONS ARE FINE
Upturns to Vshlna-.n After I. eh
'lour Throaah Indian Lands, and
Hectares Drnnrtment Work Is
at Top of Perfection.
(From a ita(l Correspondent.)
WASHINGTON. Sept. 8. (Special Tele
gram.) K. 11. Abbott of Aurora. Neb., as
sistant commissioner of Indian affairs,
arrived In Washington yesterday after
an absenco of some ten weeks, duilng which
time lie has traveled about iM.ww miles,
covering an Inspection of Indian schools,
reservations, agencies and various other
matters In connection with his office. His
travels carried him Into portions of the
country without the suites of the usual rail
way travel; in lact, t,wu nines 01 me Dis
tance traveled was on liorneback, upon bur
ros or In stage coaches.
Assistant Commissioner Abbott visited
fourteen states wherein there are wards of
the nation the Indian and returns ruddy
and In the best of health, and enthusiastic
over conditions existing In the country
traveled, insofar as affects the lr.dian.
During his ttour Mr. Abbott visited four
of the Indian warehouses, those at Chi
cago, St. Louis, Omaha and San Francisco.
He will prepare shortly a report which will
be embodied in the next annual leport to
congress upon the general subject of In
dian warehouses. Mr. Abbott during his
tour has looked very carefully into the
vexed problems of transportation charges
as affecting locations of Indian ware'
houses.
In speaking of the Indian warehouse at
Omaha. Assistant Commissioner Abbott
said he found that warehouse In an up-to-date
building and the very best in every
particular that he had visited.
Mr. Abbott also visited the Omaha and
Winnebago reservations en route further
west and reports that conditions upon these
reservations are all more satisfactory from
the department viewpoint than had been
anticipated. "Everything upon the Omaha
and Winnebago reservations in Nebraska
appears to be running very smoothly and
everybody is apparently satisfied," said
Abbott "The new regulations made for
the Omahas and Wlnnebagoes last spring
by the department are most liberal and as
free from obnoxious restrictions that have
yet been attempted and the operation of
these regulations appear to be working out
to the satisfaction of all concerned and will
doubtless be adopted as a model for future
work upon other reservations where kin
dred conditions exist"
"Another matter worthy of mention
continued Mr. Abbott as to conditions on
the Omaha and Winnebago reservations,
"Is that the 'practical farmers' appointed
I by the department have accomplished much
good. As a direct result this season It ap
pears that the Indians are farming on their
own account three times as much ,land as
was under cultivation under their own
personal supervision last year and crops
. "Off with tba Old, sLei
On with the New." 4ld
if Ifs
iif
THE DELINEATOR
have been abundant. The plan works well
and the Indiana seem to hava become In
terested and ambitious to reach out and
put under cultivation new lands. In fact
my observation has been that under our
new regulations everything relating to the
Omahas and Wlnnebagoes Is working out
even better than we anticipated "
ELMER THOMAS SEN0S
LETTER TO THE POPULISTS
Advises Tnem to Endorse C. H.
rick for Governor and te
Klaht nahlman.
Aid.
(From a Staff Correspondent)
LINCOLN. Sept S. (Special Telegram.)
A litter which Is being sent out from
Omaha by Elmer E. Thomas to members
of the populist state committee waa shown
here tonight In which Thomaa advises the
populists to endorse C. H. Aid rich for
governor. The letter Is written on the
private stationery of Thomas and in it he
says that on the face of the' returns it
appears Dahlman In nominated. He de
clares he Is assured that Governor Bhal
lenberger will not make the race and he
tells the populists it Is their duty to se
lect a candidate for the vacancy In line
wjth their platform; 1
Thomas further says that he does not
expect to be In the state when the com
mlttee meets, then he goes on to say that
the election of Dahlman would be a calam
ity to the state and again urges th en
dorsement of Aldrlch.
The populist committee ha not yet been
called to meet.
Many school children suffer from const!-'
patlon, which Is often the cause of seeming
stupidly at lessons. Chamberlain's Stomach
and Liver Tablets are an Ideal medicine to
give a child, for they are mild and gentle
In their effect and will cure even chronic
constipation. Sold by all dealers.
BANK CHANGES ARE APPROVED
Comptroller Approves Application for
Change In Bank In Georgia, aad
One la Booth Dakota.
(From a Staff Correspondent.)
WASHINGTON. Sept. . (8polal Tele
gram.) The comptroller of the currency
has approved applications for the con
version of the following banks: The Farm
er Savings bank' of Georgia, la., into the
First National bank of Georgia with 124,000
capital; the First State bank of Bowdle,
S. D., Into , the First National . bank of
Bowdle with 125,000 capital.
The following rural carrier were ap
pointed: Nebraska Route 1, L. G. In
helder. carrier; Warren McDonald, substi
tute. Iowa Cedar Rapids, route 2, John A.
Raspllcka, carrier; no substitute.
Safe Medicine for Children.
Foley' Honey and Tar la a aafe and
effective medicine for children aa it
doe not contain opiate or harmful drugs.
Get only the genuine Foley's Honey and
Tar in th yellow package. Sold by all
druggists.
Trl-State Leaarne Close. -
ALTOONA, Pa., Sept 8. Th Tri-Stat
league base ball season closed today. AI
toona won the pennant Lancaster was
second and Willlamsport Trenton, Johns
town, Harrisburg, Reading and York fin
ished in th order named.
nil f
1
theCut
not the material, not
the color, not the trimming that
makes the new gown new. It's
the cut that counts! And who
makes the cut? Why, My Lady
Fashion, of course, who runs just
laughs at you over her
shoulder, and lures you on. What
My Lady Fashion says goes, and
she is saying some extraordinary
things this Fall. She tells about
the new sleeve, the new skirt, and
the new waistline in the one author
itative fashion publication of the
season the Big Autumn Fashion
Number of
500.00 for you if you find her.
See The Delineator.
TRUE BILL AGAINST SIBLEY j
.pertel Grand Jnrr C'harsree Him frill
lonselrlaa to Brlfce Voters of
Warren Coonty.
WARREN, Pa.. Sept. S.-The srcll
grand Jury which since last Monday ha
been Investigating charges against former
Congressman Joseph C. Sibley and four co
defendants In connection with Sibley's
nominstlon as the republican candidate for
congress at the June primaries, returned
true bills tonight against each of the de
fendants. All are charjed with conspiracy
to bribe, debauch and corrupt voter of
Warren county.
Besides Mr. Sibley, who 1 111 at his
home In Franklin, th defendants are
Frank H. Taylor, his private secretary;
Oeorge B. Munn, David M. Howard and
C. D. Crandall.
OF SORE HANDS
Skin Peeled and Flesh Got Hard and
Broke Blood Flowed In Fifty
Places "Single BoxofCu
ticura EndedSuffering." :,
"About eleven year ago I was trou
bled with sore hand, so aore that when
I would put them In water the pain
would very nearly set m craay, the skin
would peel off and the flesh would get
bard aad break. There would be blood
flowing from at least fifty places on
each hand. Words ooirfd nerer tell the
suffering I endured for three rear. I
tried everything that I waa told to use
for fully three years, but could ret no
relief. I tried at least eight different
doctors, but none of them seemed to
do me any good, a my hand were a
bad when I got through doctoring as
when I first began. I also tried many
remedies, but none of them ever -did me
one cent' worth of good. I was dis
couraged and heartsore. I would feel
so bad mornings when I got up, to think
I had to go to work and stand th pain
for ten hours, and I often felt like giv
ing up my position.
Before I started to work momtng
I would hare to wrap every finger up
separately, so as to try and keep them
oft and then wear glove over the rag
to keep the grease from getting on my
work. At night I wouldjhave to, wear
glove in bed. In fact,. I had to wear
glove all the time. After doctoring for
three years, and spending much money, a
ingle box of Cutioura Ointment ended
all my sufferings. It' been eight year
since I used any and I don't know what
orehands'arenow.and never lost a day'
work while using Cuticura Ointment.
Thomas A. Clancy, 310 N. Montgomery
St., Trenton, N. i Nov. 11, 1909."
A slat ! set ef Cntlenra Bosp and Olntmaat tt
efiao raflleteBt. rvaderlnt It th most eoaomleftl
trastment tor aQnetlons of the skin snd Mia. Sol
throuffUiiut the vorld. Potter Drug a Chflt. Corp
Bale Props, 13 Columbus Art. notion. Ui.
Dresher Bros.
$50,000 Cleaning Plant
will make your old clothes look new.
Express paid on Incoming business over tl
ai-2113 Taraam Street.
Phone Tyler 1300. Auto. A2325.
WONDERFUL CUR
Free?
$6,750 Publicity Contest
SEE THAT YOUR ANSWER IS MAILED AT ONCE
FREE, $500.00 PIANO
Through m special arrangement
with the manufacture of Piano
we represent, we will distribute
over 90,730 FRKE In valuable
prizes aa an advertisement.
CAN YOU SOLVE IT?
Balloon Puzzle
ODQ
000
Take anj number from one lo
fourteen inclusive. IK not use any
number more than twice. 1'lace
one number In each of the eight
circles or balloons and one in cen
ter square so that when thejr are
added perpendicularly or horiion
tally, the total will make 27. For
the neatest correct answer we will
give absolutely free the 9500 Pi
ano. The next will receive a Lady's
Gold Watch and manufacturer's
check for 9137.80. The next will
receive a Gentleman's Gold Watch
and a manufacturer's check for
9137.50. The next will receive a
Set of "Roger's" Fruit Knives and
a manufacturer's check for
9187.50. The next will receive a
Morris Chair and a manufacturer's
check for 9137.50. The next will
receive a pair or Gold Cuff Buttons
and a manufacturer's check for
9137.50 The next will receive a .
Lady's Gold Brooch and a manu
facturer's check for 9137.50. The
next ten will receive manufac
turer'a checks for 9137.50. The
next ten ' will receive manufac
turer's checks for 9125. The next
ten . will 1 receive manufacturer's
checks for 9100. The next ten w ill
receive manufacturer's checks for
975. The next ten will receive
manufacturer' checks for 950.
And each correct answer will re
ceive a manufacturer's check for
925. All contestants will receive
free a piece of music whether
puzzle Is correctly solved or not.
In case of a tie identical awards
will be made.
'All "prize winners will be notl
. fled by mall, and all prizes must
be called for within ten days from
closing of contest.
Any one check will be good only
on any new piano carried by our
house, Checks will be sent direct
to the ' contestants by the piano
manufacturer's advertising depart
ment, made payable to The Ben
nett Company. For many years it
has been a question where adver
tising money could be spent so
that the greatest results would be
received, and know how to place
large advertising contracts for the
v year. This haa Hoc only been a
problem - that has confronted the
piano dealers, but the manufac
turers as well and only of late
years have our manufacturers
found ' out how the best results
could be obtained for the least
amount of money expended. We
have a special arrangement with
the manufacturers to spend over
96,750.00 In an advertising way to
make . our lino of pianos better
known in three or four weeks than
it would be possible in any other
way In the same number of years.
Home manufacturers prefer spend
ing large amounts In magazine ad
vertising and eastern periodicals.
Others employ the world's greatest
artists to whom they pay large
sums Of money. Think or the large
amount Faderewskl is paid when
he Is employed to travel over the
country and demonstrate pianos.
The manufacturers rroin whom we
purchase pianos believe In giving
these large sums of money direct
to the piano purchaser. We now
inaugurate the greatest contest
The Bennett Co.
16th and Harney Sts , Omaha
Largest Dealers of High
Grade Pianos in the West.
Rush Your Answer Today
' Send by mall or bring to the Piano Bept. of The Bennett Co. (third
floor). COXTK8T CLOSKS MONDAY, 6 P. M., 8 KPT. 12th, 1010.
ENGRAVED STATIONERY
WEDDING INVITATIONS. ANNOUNCEMENTS
VISITING CARDS ,
All correct forms in curren; social.usage engraved in the best
manner and punctually delivered when promised.
EMBOSSED MONOGRAM STATIONERY
and other work executed at prices lower than usually prevail
elsewhere.
A. I. ROOT, Incorporated
1210-1212 HOWARD ST. PHONE D. 1604
ETreeS
t x,
8 iT2L4-''
FREE
Lndy's Gold Watch.
20-year guaranteed.
FREE
Gentleman's Gold Watch.
20-year guaranteed.
FREE
Ladies' Solid Gold Brooch,
FREE
This chair . with . large cushions.
ever advertised by any piano con
cern in the - world. bend your
answer on this or a pepurute piece
of paper. Hee that your answer Is
mailed at once and be sure you ad
dress Piano Manufacturer'!," Rep
resentative, Mr. Owcnhoutie, tare
of
