TIIK BKF.: OM.HA. WKDNKSDAY, DKCKM MKR .20. UHI.
MABRAY TURNS THE TABLES
Declares Marks Helped Flay Fart in
"Big Store" Deal.
ON THE STAND FOR THE STATE
Dfcfrme Object, to (hp K lilrnvc
?knln How a Division of tke
Profit in tnlnrtllns W nm
Cnt 1 p.
John C. Mabrny.. the state's principal
witness In tli Urn Mark Irliil. fm- tak
ng a part In the ' big Klorc" deals,
Placed on thi nianel lair Monday aftfr
noon at Council Bluff. Attorny Oeneral
COFtion attempted to introduce th? division
nheols In two of t!ic fit st miking deals
showing a division of tho spoils by per
crnxtKrn, which Mabray was to explain
by show Inn that S per cent went to Marks
Iti consideration of an agreement to
necure officlHl protection, before he had
attempted to show by evidence a con
nection of Marks with the reputed con
spiracy. It was exactly tho name prop
osition that caused the civil suits against
Marks, Mart and the First National
bank to be thrown out of the fedornl
court by a ruling; of Judge McPherson.
Judge Arthur took the same view and re
fused to allow the alleged division sheets
to be admitted.
Almost from the moment MabrayWent
onto the witness stand, objections by the
attorneys for tho defense Iwifan. It was
contended that Mahray could not be used
to Idontlfy auy part of the documentary
evidence captured in the laid nt I,lttle
rtock when he was caUKht with a trunk
full of the records of his business that
made possible the arrest of all members
and effectually breaking' up' the sans.
lonrt Jntliis Contention.
Attorneys for the defense claimed that
ny names found fn this batch of stuff
were worthless evidence until it had been
shown by evidence outside of that of
fered by co-conspirators that the persons
named were parties to the conspiracy.
The court ustained this contention In
two rullngH, each In separate instances
when the divisions sheets were brought
forward. It was regarded as a rather
demoralizing blow, but did not disturb
the serenity of the attorney general who
Intimated that he had other means by
which he would show the division of the
spoils and that a certain percentage hud
gone to Marks.
The sheets, marked exhibits 16 and 17,
were only figures Indicating amounts of
money and dates showing tho transac
tions. Mr. Cosson, however, succeeded In
getting before the Jury by questions asked
the witness, to which objections were
sustained. Throughout the afternoon
nearly aJ! of the court's rulings were
in favor of the defense.
Tho court, room soon became packed
when It was known that Mabray waa on
the stand. There was not a tremor visi
ble when he faced the array of attorneys.
The attorney general brought 'out the
tact at the outset that Mabray was a
convicted felon by making him tell where
he had spent the last year or more of his
life.
Mabray said he now lives In lJea
Moines, but the attorney general made
liltn Immediately declare that hla previ
ous abode before going there waa the
Leavenworth penitentiary.
Had Known Marks.
'Tie deolarod he had known Marks ten
or twelve years, becoming acquainted In
1S9S, when he, Mabray, was running a
gambling house over the Sherlock saloon
on Pearl street. lie said that he returned
hero in the spring of 1WOT In compliance
with a plan to open a "big store" In
connection with his partners, Harrlman
and Brown; that (he day he arrived he
called on Ben Marks and detailed the
scheme of wholesale swindling and told
Marks that the "big store" could not be
opened unlets protection was assured
from county and city officials. He said
ho. explained all -of the details of tho
scheme and told Marks that at least S
per cent of tiie gross profits could be
act aside to secure this protection, lie
said Marks promised to consider the
proposition and was to lt him know
the next morning. '
MarUa In Ike Ural.
According to Mabray's testimony, this
conversation occurred late In the evening,
and early tho next" morning Marks gave
him an affirmative answer and he wait
led to believe that everything had been
"fixed" in the short Interval that Inter
vened. Mabray said he then wrote and
wired his partners at New Orleans that
there waa no failure this time, and to get
ready for business. He said he Immedi
ately went to Omaha and rented ' an
office and got postoffice box No 68 there,
and that Harrlman and Brown came here
at once
Detailing the amount of the division
that was to be given Marks upon his
guaranty of police protection, Mabray
aid that he tiad flrtt offered him $.100 a
inonl.. flat, or S per cent, assuming that
the income frotn the business would ap
proximate at least 10.0u0 a. month, but
that Marks chose the percentage. He
told of bringing on the fake fighters and
wrestlers. Thielmau and Marsh, and
named some of the other emp.oyes,
among them Moore, a former Council
liluTfs man, who l as never been appre
hended. Mabray said lie was not here when the
'first vhHIni was brcusht forwatd to be
fleeced In April or May, 1W, but that
i he had kept the sheet showing the
division of the profits. It uutkwi Jligt
the defense began its successful fight
against the admission of the sheets. This
sheet, Mabray totiflfd, was not made
by him, but he identified the writing as
that of Harrlman. The second sheet, the
one showing the division in the second
rase, Mabray said wa made under his
supervision and he was ready to ldtmlify
It. It was for this reason that the at-"
torney general hoed to get it Into the
record, but was defeated when the court
held that it could be of no value except
as a means of refreshing the wit new.'
memory.
During the controversy It rame'out that
1 per cent was added to the original a
per cent, ,whl li Mabray explained was to
I,ay for "additional service" that was in
some manner lo be pe. formed by Marks.
There was anxiety to know what this ad
ditional service was and who prrfurnud
It, but Mabray was not permitted to tell.
Mabray' examination was scarcely
.commenced when the court adjourned
shortly-before o'clock. ,
Hnskert and Hrutelbrrrkt.
The fore part of " the day was devoted
to recounting the experiences of two more
of the "mlkea." They were Henry Kusert,
then a fheep man of Wyoming, but now
living In Klmdale. Kan., and John Heme'.
bieiht of Bancroft. Neb. Kushert
dropped ll.otfl and Hemelbreeht H.iM.
Neither of the stories vanel any from
the usual tales of the mikes, both went
axaln.t the fake hor.e iare run In the
, ubilo road Dear Munawa. lieuielbrctbl
in vlca president of the rtrat National
hark of laneroft. lie wns compelled to
admit that he consented, not only to
'the blalti nbl-eiy of the alleged million
'ntics, but agreed to have tit stake holder
! bet the s,.ike money of Jin.OiM until It
i offset fiXOW on thn second day's betting
lie waa also confronted by a most com.
promising letter which he had slaned,
poitnf as the owner of "Ked I.eo" and
characte: Ized himself "a true sport."
Ji'.dte Arthur broached the subject of
holding night SPFSlons to get through the
case this wrek. but the attorneys for the
defense objected. . ''Mr. Marks Is an old
man and very feeble and ill," raid Mr.
Olfcan, "and he t-uuM not stand the strain
t"-u If we could." There will be no
night work done.
The condition of .Marks Is really alarm
ing to h's friends and th attorneys. He
has been unable to get to sleep until after
4 o'clock iMoh morning and must bo In
l'io court room at S:TO. A long con
tinuation of the strain would break him
down, both mentally and physically, his
attorneys sn;-.
Nebraska Preachers
Talk of the Churches
. v
"is the st:tto of Nebraska over
churched?" This question was Jlscussod
at the afternoon aesslon of the Home
Missions' council at the Young Men's
Christian association roomi yesterday.
Many of the ministers at the meeting
contended that there are more churches
in the state than are necessary, while
others were of the opinion that there are
not enoiiRh lo meet the demand.
Rev. VV. A. Baldwin aald that In the
western part of the state there is a vast
stretch of territory, formerly graxing
land, but now being taken up by
settlers, and that little villages are
sprlnglnc up there and are without
religious Influence of any kind. He said
that In these places there Is a great de
mand for churches and preachers, and
that religious activity should be started.
In the southeastern part of the state
there are many towns and villages, Rev.
Mr. Baldwin said, with churches, but
without pastors to fill the pulpit. The
reason for this, he thought, Is because
the salary which the congregations are
willing to pay Is too small for a minister
to live on.
Rev. Mr. Oeorpe, who ha charge of
several churches In the northern part of
the state, raid that church a' fairs there
are perfectly orpanlxcd ami that the
churches of the different denominations
all work In harmony.,
Shuster Sustained
by Persian Couucil
TKHICIIAN, Urc. !!. The national coun
cil has refused to accept thn csbinet
proposal regarding a solution of the
Russian difficulty and the Russian troops
are preparing to advance on the capital.
It Is believed that the advanco will begin
on Thursday. The people are apathetic
and only the wonun continue an active
boycott.
The official attltufte kukkcsIs pasxive
resistance, but tho provincial sentiment
Is strongly opposed to the Hue-slans. The
former shah. MohaTiimrd AM Mirxa, Is
at Uuinesh Tepe. v
The foreign minister, In presenting the
question before the national council to
day, made a determined attempt to
secure the support of the council. 11"
represented that th cabinet bad made
e-.ery effort to retain Mr. Phurter. but
tho plight of the country was despei-Hte.
The former shah, he said, was advancing
on the one hand and Salnr Kd Dowleh
on the other, while Russia refused to
abate Its demands. Therefore, he argued,
the cabinet should ba empowered to con
ciliate Rusr.la.
In spite of his appeals the deputies In
sisted that the retention of Mr. Shuster
was Persia's only hope and that nothing
was to be gained by yielding.
ANOTHER SON BORN TO THE
GERMAN CROWN PRINCESS
BKRMX. Dec. 19.-Crown rriucess
Cecilia, the wife of Crown Prince Fred
erick Wllhehn, gave birth to a son at 1
o'clock this morning.
The crown princess was Duchess Ce
cilia of Mecklenburg-Schwerln. Her mar
riage with Crown Prince Frederick Wll
lielm took place on June IK, ino6. The
family of the royal couple now consists
of four sons.
f
Special Price On
anders "20" Goudgs
We have only two of
these left and will make
a very material price con
cession to close them put
before the holidays.
These are new cars electric
lighted, and up-to-the-minute in
style and finish. We can also
furbish extra Touring and Roa.d
ster bodies to fit the same chassis,
giving you both a winter and
summer car at about the price of
one, The Famous Studebaker
Guarantee with every car.
)
The E-ivl-F Omaha Co
2026-2028 FARNAM ST.
Douglas 363 -A.2679. L. A KELLER, Mgr.
Direct Factory Branch Studebaker Corporation
Detroit, Michigan.
FLORIDA-CUBA
Gulf Coast Resorts '
New Orleans, Mobile, Pensacola
and all other principal rwaorta in the seuth reached bjr qvick amd eoa
venlent schedule of tWa Louisville) A Naaltvill Railroad either la solid
through train or sleeping car from Chicago, St. Louis, Cincinnati, .rand
. Rapids, LouuriiU, EvaiMvillo, Clorolaad mmd Indianapolis. Comploto
' dining car eorvico. Round trip tourist tickets, return limit to Juno 1, on
alo daily at reduced faro. Greater variety routes than any other lino;
divers route to Florida if desired. Homo ackers' ticket oa aaJo First
nd Third Tuesday each month at very low rote
The Most Attractive Way South
For full particulars, rat, tickets, descriptive illu .
trated booklet and sleeping cor reservation, ad are
P. W. MORROW
N. Y.r. A.. CHICAGO
J. E. DAVENPORT
o. r. A.. ST. LOUIS
''S
!i li . ill i" , 1 1 I rifi 1 si'hiiiMMlTfTAil inr MrdJjJi! ! .1 "III ill, mi iTl H
I ill wsmm
Make
Your Gifts For the Years
HRISTMAS shopping in a store like this is attractive because we have
, so many things to choose from at such a wide range of prices. Every
one of the articles' is worth buying and worth keeping and they all en
dure the many years, because furniture is the gift of a life-time a gift to
be handed down the generations'; We have a tremendous group of
these inexpensive articles of furniture that arc the true Christmas gift.
By a glance through the figures quoted below you will notice that we are
cutting prices in these last Christmas shopping days. It is a never-before-heard-of-thing
this cutting of prices before Christmas. You getthebene-
,fits of a January sale now by buying here. We guarantee our quality.
Mahogany Bedside Table Special adjusting
feature ..$7.00
$40.00 Circassian Walnut Table Desk
Chinese Chippendale; beautiful; large roomy
drawers; neat compartments s-... $30.00
$20.00 "Tip-Top" Table Solid mahogany;
beautiful pattern $14.00
$25.00 Ladies Writing Desk Solid mahog
any; French legs; three roomy drawers; new
style arm support; exquisite design $18.00
$15.00 English Chair Solid oak; excellent
design; leather seat; strong legs; high back;
comfortable $10.00
$35.00 Ladies Writing DeskBeautiful wnl
nut; colonial desigu; roomy compartments;
heavy writing bed $25.00
$30.00 Ladies Writing Desk Handsome
birch; two spacious drawers; very excellent
model; roomy compartments; thorough con-
ion .$22.00
structi
Ail-Over Wing Spanish Rocker An article
of great comfort; inviting; genuino Spanish
leather covering - $41.00
$90.00 Ladies' Writing Desk Crotch mahog- r
any; stout legs; slide writing bed support; two
spacious drawers; private looking compart
ment; handsome $70.00
$80 Italian Marble Bust "Moth
er'sLove" :. $60.00
Italian Marble Pedestal "For
Mother's Love" $25.00
Italian Marble Bust 25 inches high,
"Coquette" : $75.00
$25.00 Italian Marble Bust 19 in.
high, "Holland Lass" ... .$18.00
Italian Marble Pedestal For "Hol
land Lass" i $12.50
Italian Marble Bust 20 inches high,
"Priseilhi" '....$60.00
Italian Marble Pedestal For "Pris-
nlla" : $25.00
Two-Toned Italian Marble Bust 8
inches high, "Laura" $15.00
Imported Italian Marbles
$42,50 Italian Marble Bust 1G in.
high, "Devotion" . . ... . : X .$30.00
Two-Toned Italian Marble Figure
25 inches high, "Iris" $47.50.
Italian Marble Bust 13 inches high,
"Joan of Arc" ................. .$40.00
Similar .Busts of many familiar fig
ures, from 10 to 10 inches high, at
from $7.50 to $13.50
$15.00 Italian Bust--Beautiful crea
tion $10.00 -
$75 Italian Bust "American tlirl" $55.00
$75.00 Italian Figure "Musi e" . . $55.00
$30.00 Italian Marble Pedestal ....$20.00
$17.50 Marble Pedestal Imported
marble '.$13.50
Small Silk Shades Gold lace and gilt bead
irmge, champaguo colors $8.00
French Lamp Shades All colors, I t inches
diameter, finished with beautiful silk: braids
and fringe y . .$15.00
French Silk Lamp Shades Rose color, with
medallions in panels, scalloped bottoms, fring-
ed with gilt beads ,...$17.00
Lamp Shades -
French Shades Plain silk, trimmed with
palin braids and silk fringe, 1G inches, cham
paguo and rose colors $8.00
Florentine Electric Lamps
Dresden Parlor Lamps Beautiful designs. ,$22.50
Brushed Brass Lamp Beautiful design ....$16.50
Hand Carved Italian Portable Lamp .. $17.50
I Table Covers
Piano Scarfs Beautiful tinsel thread tapestry Table Covers Same as above, 35 inches square, $7.50""
for parlor table cover, 18x54-inch, for. . . . .$18.00 Velour Table Cover-40xG7-in., fine copy of
Table Covers Imported tinsel thread tap- Antique Oriental rug '....$10.00
estry, 2Gxl3-inch $3.50 Library Table Runner-25x54-inch, plain cen-'
SOxlS-inch, same, as above, much heavier work, $8.75 ters, borders all around, for $3.50
Screens
'Beautiful Mahogany Frames Filled with bur
lap, scenic tapestry panels at top, 3 panel size
at $12.00
Four Panelled Fumed Oak Frame Brown
burlap filling, scenic tapestry panels at top. .$13.50
Three Panelled Fumed Oak Frame Emboss-
ed colored leather panels at top, for. $12.00
Three-Panelled Fumed Oak Frame Brown
burlap filling, arts and crafts design, for !$0.00
Three Panelled Frame Green burlap filling,
arts and, crafts design, for $10.00
Three Panelled Frame Weathered oak fin
ish, Mission style $15.00
Three Panelled Frame Fumed oak, plain
green double burlap filling, for $6.60
Three Panelled Weathered Oak Frame Scroll
top, plain green burlap filling, for $7.00
Three Panelled Fumed Oak Frame Scroll
top, double brown burlap filling, for .'.$7.00
Three Panelled Frame Mahogany, white
enamel or fumed oak finish, beautiful frames
that can be filled with tapestry, burlap or
anything you may select, suitable fof bed
rooms, dining rooms or living rooms, frames
only fw $7.50
Bric-a-Brac Department
Our Bric-a-Brac Department contains a large selection of Novelty Brass Goods, such as Smoker Sets, Desk
Sets, Ink Stands, Calendar Pads. Score Pads, Brass Clocks and Xote Pads, at a great variety of prices and selec
tions. '
Remember, good furniture may be cheap, but "cheap" furniture cannot be good.
riller Steart & Beaton Co.
-
The Tog-Policy Hous
413-18-17 South Sixteenth Street.
Eatallihd 1884
