Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 22, 1911, Image 1

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    The Omaha Daily Bee
Everybody reads
Th Boo
VOI XLI-NO. 161.
President, in Message to Congress,
Urges Care in Currency
The National Capital
Working Off the Fat
Thareday, December 91, 1911,
Roth houses rereaa torfnv until nnnn.
January S.
The Senate.
Met at noon.
Senator Brown of Nebraska predicted
the senate would pass house Sherwood
service pension bill after holiday recess.
Senator Root of New York Introduced
a bill making effective the further seal
treaty with Kngland, Russia and Japan.
President's meMsag-e on financial and
departmental matters read.
The House.
Met at noon.
President's message read.
Tariff kr.n n-Aa-A nrlnl .J
Judge Carpenter Overrules Motion to
Head of Big- Swindling- Org-anizatioi
Strike Out Second and Third
Counts in Bill.
Held by Marks' Attorneys to
Have Deceived Partners.
Approval Given to Proposed .National
Reserve Association.
Statement About Purchase of Other
Companies Not Improper.
County Official and Bluffs Bank
Said to Have Received Money.
after general discussion on party lines.
Seduction in Cost of Living Would
Be Brought About.
Chief Executive Holds Relieving of
American Shipping from Payment
for t e of the Canal Not
WASHINGTON, Dec. 21.-Presldent
Taft sent another of his promised series
of messages to congress today. This time
he dealt with currency reform, Panama
canal tolls and various governmental
On the subject of currency reform and
In connection with the forthcoming re
port to congress of the monetary com
mission, President Taft said It was ex
ceedingly fortunate that the "wise and
undisputed policy of maintaining un
changed the main features of our bank
ing: system rendered It at once Impos
sible to introduoe a central bank." He
gave hla approval to the proposed Na
tional Reserve association.
Aa to the management of this associa
tion, the president said this was mainly
bankers' works and the banks could be
trusted better - than anybody else to
conduct It. However, he urged that some
form of government supervision and ulti
mate control should prevail, and that the
currency reform should not be made a
political Issue.
"And I also trust that the new legisla
tion will carefully and completely pro
tect and assure the Individuality and
the independence of each bank, to the
end tbat any tendency there may be to
ward a consolidation of the money or
banking powers of the nation shall be
defeated," said the president
Rural Parcels Post.
The Immediate establishment of a rural
v parcels post was urged. The president
took the position that the parcels post
would not destroy the business of the
country storekeeper. "Instead of doing
this," be said, "I think the change will
srreatly Increase business for the benefit
of all. The reduction In the cost of liv
ing It will bring about ought to make its
creation certain."
On the Panama canal the president
dealt at length with the question of
whether "American shipping should pay
tolls. "X am very confident that the
United States has the power to relieve
from the payment of tolls any part of
our shipping that congress deems wise,"
eaid the president. "We want control. It
Is United States money that built It. We
have the right to charge tolls for Its
use. These tolls must be the same to
every one, but when we are dealing with
our own ships, the practice of many
governments subsidising their own mer
chant vessels Is so well established In
general that a subsidy equal to the tolls,
an equivalent remission of tolls, cannot
be held to be' a discrimination In the
use of the canal."
- More Men Needed In Navy.
Among the president's recommendations
were the following:
An Immediate Increase of 2,000 men In
the enlisted strength of the navy.
Abolition of the smaller navy yards.
Contributory pension system for gov
ernment employes.
The elimination of all local offices from
politics. -
Increased appropriation for the com
pletion of river and harbor improvements
along the Mississippi, the Ohio and the
Missouri rivers.
An extension of the term of service of
the special board of engineers on the
H'fttttrviv frnm tha lalf u. tn th. ul
Power in the president to remove clerks
tf federal court for cause.
Payment of the French spoliation, judg
ments. '
Employers' liability and worklngmen's
compensation legislation called to the at
tention of ocngrDS.
The Weather
Temperature at Omaha Yesterday
For Nebraska Generally fair.
For lowa unsettled; colder.
Hours. Deg.
5 a. m 23
a. m S3
7 a. m .' 33
8 a. m 31
Da. m Si
10 a. m U
11 a. m 33
13 m 33
1 p. m M
li.m S2
I p. m 33
4 p. m 33
6 p. m 34
p. m S3
7 p. m 33
8 p. m 33
Local Record.
34 40 17 40
! 21 2 23
33 30 10 32
23 .04 T .00
Jt'J s
Highest yesterday
J,o went yesterday
Mean temperature
Teiui eialure and
precipitation depar-
lures from the normal:
Normal temperature .
Kxcess for the day ..
Kxcetis since March 1
hoimal precipitation..
Kxceas (or the day
.11 Indies
Total rainfall since March 1... .13.47 Inches
Deficiency wince March 1 13. S3 Inches
IW.clency for cur. period 1910. .14.79 Inches
Excess fur cor. period 10U 4.43 Inches
Hrpuru from atatlous at T I. M.
Station and Slate Temp. High- Rain-
of Weather. 7 p.m. eat. tall.
Clieyenne. cloudy 18 20 .03
Davenport, clear 36 42 .04
Denver, clear 23 32 .0!!
Dos Molnea. cloudy .... 30 34 .15
Iudse City, clear hi 2 ,uu
Lander, cloudy 20 ifl .is
North Platu. snowing ... a) yu T
Omaha, cloudy 33 34 .2
Pueblo, clear 13 2s .00
Rapid City, snowing 20 22 .44
bait Lake City, clear.... 24 2s .00
(Santa Fe. cloudy 24 30 .00
Sheridan, cloudy 22 u ,40
hloux City, snowing 32 32 .14
Valentine, cloudy zi ri M
T indicates trace of precipitation.
i. A. V UbU. Local Foretaste.
Taft to Have Support
of New York County
National Delegation
NEW TORK, Deci 21.-Presldent Taft
went back to Washington early today
with assurances from Samuel Koenlg, re
publican county chairman, that he would
have the support of the New York county
delegation at the, coming national con
date for 1913.
The president returned without seeing
Colonel Roosevelt or receiving any com
munication from htm. A visit paid by
Dr. Lyman Abbott started a report that
he was an ambassador from his associate
In magazine work, but this Dr. Abbott
promptly denied.
While William Barnes, jr., the repub
lican state chairman, would not confirm
the report that he and Mr. Taft settled
their differences yesterday and that
Barnes promised the president his sup
port, the state chairman did say this.
"I don't believe it Is my function to
press or urge on the republican electorate
republican candidates. I assume that
whoever Is nominated will adhere to the
principles that will be adopted."
Mr. Barnes added that he would strive
to have the republican state convention
which will elect delegates to the national
convention adopt a declaration of princi
ples that would be a clear and decisive
expression of republican doctrine, "which,
to my mind," he said, "implies resistance
to political error, half-thought-out ideas,
Ill-considered and dangerous demands."
ventlon. Chairman Koenlg took the oc
casion of the president's visit to state
that Colonel Roosevelt was not a oandi
WASHINGTON, Dec. 21. Subsequent to
a call at the White house today by Vice
President Sherman wide credence was
given to a report that Mr. Sherman
does not desire to be the republican can
didate for governor of New York.
It further was reported, apparently on
the highest authority, that unless his
party desired him to run again for vice
presidency, he would retire from politics
March 4. 1913.
The vice president declined to discuss
his visit at the White house.
It was reported that some of the New
York republicans had recommended that
Mr. Sherman be retained on the ticket.
Wisconsin Delegates
May Be Kept Out of
National Conventions
MADISON, Wis., Dec. tl.-Consterna-Uon
reigns In political circles here over
the discovery of a technicality In the re
apportionment act which threatens the
rejection of Wisconsin delegates to
national party conventions.
The law of 1909 provides tbat the names
of delegates to a national convention
shall be certified not less than fourteen
days before the date of the presidential
primary election. ,
The Wisconsin primary Is to be held
on Tuesday, April 3, 1913 and the latest
day on which names njey be submitted
to the county clerks for the purpose of
making up the ballots is March 19. It
Is therefore necessary to certify the
name according to the old congressional
districts, as outlined prior to the passage
of the new apportionment act.
On April 1, 1912, the new apportionment
act goes Into effect. The delegates to
the national convention selected under
the old law might be held to bo Irregular
Inasmuch as the new law went into
effect before the vote actually was held.
Moreover, the time for certifying the
names to be voted upon at the April
election is fourteen days before the
election and Inasmuch as only one
day will elapse before the new apportion
ment law goes Into effect, not only would
such certification be Illegal, but It would
be Impossible of realization in time for
the election.
The situation Is embarrassing particu
larly to the republicans, among whom the
Taft and LaFolIette men are fighting
for delegates and to the democrats, who
are divided Into Harmon and Wilson
Rev. C. V. T. Richeson
Will Recover Soon
BOSTON, Dec. 21. Every thing pointed
today to the rapid recovery of Rev. Clar
ence V. T. Richeson, accused of the mur
der of Avis Le 11 lull and who so mutilated
himself in his cell at the 8uffolk county
Jail yesterday that a drastlo operation
was found necessary. The following
statement was Issued at the jail:
"Mr. Richeson passed a fairly comfort
able night, but was somewhat restless.
He had some sleep. He is conscious to
day, but has not spoken since the opera
tion." ,
Possible blood poisoning Is the only
element that stands In the wsy of Rlche
son's recovery, and that the surgeons say
Is extremely unlikely.
Sheriff Seavey has guards at Rlcheson'a
bedside every moment of the day and
night to prevent the prisoner from Injur
ing himself.
OTTAWA, Kan., Dec. fl.-BellevIng her
brother dead because of a silence of forty
years, Mrs. Rebecca Powers, wife of a
truck gardener here, was surprised today
to receive notice that by his death, which
occurred recently, she will receive the
larger part of a fortune of IJS.Ovk. Her
brother was Ueorge Bennett, a newsboy
of Chicago, and his estate, she staten,
will be divided between Mrs. Powers axd
a half-brother, Charles Lovelt of Woos
ttr, O.
Rulings Favor Government on All
Material Points.
Attorney for Parkers Denies All
Material Parts In Complaint a ad
Says Defendants Are Pabllo
CHICAGO, Deo. 2i.-The ten Chicago
packers on trial for criminal" violation of
the Sherman law lost In the first skir
mish of their long drawn out trial today
when United States District Judge Csr.
penter overruled the motion of the de
fense to strike out counts two and three
of the indictment.
The court also ruled adversely on the
motion to have the Jury Instructed to dis
regard the allegation of the government
counsel In the opening statement regard
ing the absorption of the Schwarsschild
& Sulzberger company and the New York
Butchers' Dressed Meat company by the
alleged packers' combination.
The court gave the ruling at the open
ing of the session, and the fact that the
decision sustained the government's po
sition on every material point was re
garded as a severe blow to the defense, .
Brief Reeeaa Taken.
After the decision of the court was an
nounced a brief recess was taken to give
the packers' attorneys opportunity to de
statements or allow the government to
proceed with Its first witness.
In denying the motion of the defense
Judge Carpenter said;
"This Indictment has been attacked by
demurrer and the demurrer overruled.
If this prosecution were based solely on
counts' two and three, which legally
charge the offense and describes in de
tail the method by which it was worked
out by the defendants, a motion for a di
rected verdict at this time could not prs.
"The existence of and the use claimed
to have been made of the National Pack
ing company are merely evidentiary cir
cumstance possibly bearing on ths crea
tion or continuance of the alleged un
lawful combination.
"Summed up, the argument of the de
fendants' counsel Is not that the opening
statement of the government 'Was too
narrow, but too broad. Because ths dis
trict attorney outlined certain evidentiary
facts the government is not precluded
from proving other''--'-- "A '"t
Second Motion Denied.
In denying the second motion Judge
Carpenter said:
"It Is also urged that evidence or the
purchase by the defendant, Tllden, of
shares of the capital stock of Schwarxs
child ft Sulzberger company and Jhs New
York - Butchers' Dressed Meat company
should be excluded, and that the Jury be
instructed to disregard that portion of
the government's openlng-whlch has to
do with that purchase.
"It Is quite proper -that the opening
statement should not only cover the ul
timate facts, but advise the Jury in some
measure of the character, force and value
of the proof which Is to be offered.
"The New York butchers' transaction
was mentioned In the Indictment; the
Schwarsschild A Sulzberger was not.
Whether both wen or both were not
charged Is of no moment because In either
event proof of the transactions would
bear only on the purpose and intent of
the defendants In entering Into the al
leged unlawful combination.
"The motion la denied and exceptions
noted In behalf of all the defendants."
Attorneys for the packers decided to
make an opening statement before wit
nesses were called.
Backlnsthnni Opens for Defense.
Attorney Oeorge T. Buckingham In the
first address in behalf of the defendants
called attention to the charge In the
Indictment which accused the defendant
packers of forming a combination In re
straint of trade between 1907 ' and 1910.
He pointed out that the supreme court of
the United States recently had construed
"restraint of trade" as meaning only
those restrictions which were "undue and
He said in part:
"The indictment covers only the period
from September, 1907, to September,, 1910,
and the combination must bo. proved
within that time. Otherwise the govern
ment falls of proof.
"The defendants do not fix the pur
chase price of cattle by agreement. The
purchase price Is fixed by the market
conditions, which neither these defend
ants nor anyone controls or can contro..
and that purchase price had risen stead,l
during these years.
"The defendants do not fix and control
the sale prices of fresh meats In the
markets. Those meats axe sold under
competitive conditions In the markets. In
direct competition with dozens and hun
dreds of competitors. Nor are sale prices
if meats by the packers to the meat deal
ers Inflated or excessive. Neither do the
packers reap enormous inflated profits.
"We will show that the defendants by
the best business methods and the great
est economics have In fact earned less
than 10 per cent per year on their actual
money Investment. We will show that
the public has not suffered an Injury,
but has reaped a great benefit by the
business operations of the defendants."
KNOX VI LL Tenn., Dec. SI. Judge
8keen of Ix-e county. Virginia, today Is
sued a proclamation In which he invited
all who sold their votes In a recent elec
tion in that county to appear before the
court, confesa and accept the minimum
fine. Otherwise, It Is said, indictments
will be leturned'und prosecution entered
upon. The Virginia law automatically
disfranchises a voter for life, on a con
fession of fraud In electio
" ww
Sit ati- Yy
Cleveland Plain Dealer.
Republican Committee Treasurer
Writes of Harriman Contribution.
Sheldon Asserts Bis; Sam Turned In
by Railroad Masrnate Was I tied
to Carry Sew York State
for Illa-glna.
NJ5W YORK. Dec. 21. The following
correspondence between Theodore Roose
velt and Oeorge R. Sheldon, treasurer of
tha Republican national committee, was
made public today:
December 15, 1911. Hon. Theodore
Roosevelt, Oyster Bay, N. Y.: Dear Mr.
Roosevelt Ever since the election of 1901
the 'story has been continuously pub
lished and never denied, except by you,
that you asked E. H. Harriman to, oon
trlbute money to aid in your election,
and Jthat he thereupon raised or contrib
uted; 1250,000 to the national committee
fund. Knowing this to be untrue, I sev
eral times suggested to my superior of
ficer, C. NT Bliss, then treasurer of the
national committee, that the facts in
the case be plainly stated. Mr. Bliss
always believed the books and accounts
of tha national committee were private,
and although always carried on by him
with the highest sense of Integrity and
honor, be never, like all of his contem
poraries, would consent to any publicity.
This feeling has been changed in the last
few years by the laws requiring full
publicity in elections. It seems there
fore to me that now, In Justice to you,
the facta In the case ought to be known.
Election Conceded.
"Bveryons knew and conceded that in
the election of 1901 you would carry the
state of New York by a large plurality,
but It was generally believed that Mr.
Hlgglns would be defeated. The demo-
orats centered their efforts on the elec
tion of their candidate for governor.
About a week before the election Mr.
Odell, then chairman of the New York
state committee, came to Mr. Bliss and
told him that unless he had I260.W0 from
the national committee that the state
ticket would be defeated. Mr. Bliss told
Chairman Odell that he had no money
to give, but would see what could be
done. He visited E. H. Harriman at his
office and explained to. him the urgency
of the situation as told by, Mr. Odell.
"Mr. Harriman thereupon called VP
several of his friends on tha telephone
and next day handed Mr. Bliss S100,M.
Mr. Bliss himself raised $.SO,000. This
sum of t:tO.O0O was handed directly to
Chairman Odell and never In any way
went into the' treasury of the national
committee which had In charge the prsl
dentlal election. ' I have personal knowl
edge of all the within mentioned facts.
(Continued on Second l'utje.)
Hundreds of
Daffydils arc
Coming in
Everyone eligible, it costs
nothing but a little thought
ana there are eighteen valu
able prizes awarded each week.
Look for rules of contest ou
page 10.
fru.iowiug are the merchants and
las pi iMa u. jnor iur u,u Ltumi
fa.ijruii suuiiiilicu 10 liteui.
vtoti Jtktuji .o., aunu,,.M uia
inui.u una, aiue, lo.
Oman .iecinc iiant t Power1
Co., eievuio lousier, value, .,.,.
buiiueriand uioa. Coat o., j
ciou. 1 ou an 01 ue. of one ur in wo
luua vi coal.
Aiainilo Creamery Co., firtt
pi Me, 4 mil Uvael, second pnaa.
tun ucei, luiru piiv, l
i.ulu inset.
'lailur tiuv. to due bill on a suit.
Kt ug ill swing Co., una tat
Lu.u. bear.
iiillor L,lu.uor Co., ons quart best
pol l wir.e.
rarre.11 Hyrup Co.. on case as
koi lau ayrup.
Hon iiiacult Co., f assortinsnt
Ot i tori pacaage -ooUa.
8tpneiia' : ouops tor Men," a 1
liayden Pros., (piano d' -
meul a lady's handsome uiu
bi ila.
Tracy Bros. Co., a "Tracy" sani
tary silver mounted briar pipe or
a box of twenty-live "la-lie-vJas."
Dyball t anuy bhop, on largo
box of caudy.
In addition to the above The Res
will award five 11 prizes to tna
five next best Daffyuil wrllsra,
Dividends of Mutual
Insurance Companies
Taxable as Income
WASHINGTON, Dec. 21. Commissioner
of Internal Revenue Cabell today de
cided that the dividends pjid by mutual
and "participating" insurance companies
to their policy holders sre subject to
assessment as income undor the corpora
tion tux luw.
The companies contended, according to
the commissioner, that these dividends
were not dividends In the commercial
Sense, but simply refunds to policy hold
ers of an overcharge In the insurance
premium. Borne of them admitted, he
sdded, that exigencies of business and
competition had resulted In the com
panies making "misrepresentations ot
facts as to dividends to their prospective
purchasers of Insurance."
About 1100,000 revenue to the govern
ment was Involved In the decision.
It was vigorously asserted by counsel
representing certain of the companies
that it was necessary In determining this
question of taxation to disregard entirely
the policy contract, the published liter
ature, the representations officer and
agents and the sworn returns from state
The commissioner holds that the con
tentions of the companies is untenable.
Not only dividends paid In cash are tax
able, according to the ruling, but also
those applied to the renewal of premiums
to shorten the endowment or premium
paying periods or to purchase paid up ad
ditions and annuities.
Cummins Says He
is for La Follette
and Roosevelt
D1CS MOINKd, la., Dec. 21. "I am not
a candidate for president," sold Senator
Albert B. Cummins, upon his arrival
at his home here today. "However, my
Influence, whatever It Is, will be used
to the end that the Iowa delegation
represents the real republican sentiment
of this state."
Senator Cummins made this statement
in answer to a direct question. On the
delegation proposition, he said that If
the sentiment of Iowa tippesred to be
for Taft, "then Taft would have the
"And If for La Follette?" he was asked.
"Then ho nhould have the delegation."
"And if for Albert B. Cummins?"
81lence ensued,, to be broken a moment
later by this statement:
"I am In favor of the nomination of
Senator IaKoilctte. I gueKH everybody
knows that 1 urn opposed to Taft's re
nomination, and I certainly will uso all
fair and lionrrabln means to prevent
him from getting the Iowa di-legutlon."
Concerning the possible candid. icy of
Theodore. Roosovelt. Senator (ummlns
said It would please him very much to
see Colonel Roosevelt the next president
of the I'nited States. "I am very fond
of Theodore Roosevelt and I am very
fond of Senator I .a Follette," he said.
"I am for Senator f.n Follette. I am
for Theodore Roosevelt."
Serious Fighting is
Reported from Tabriz
T I'M I ERAS'. Dec. 21. -Serious flifht'.ntf
between ' the Persian . constitutionalist
and the ltusslun troops In reported to
have occurred. No deaths are given In tho
dispatch from Tail, which conveys this
LONDON. Dec. :i.-It Is understood, ae
iuiuiok 10 a uews BKenry aispatcn from
Bt. Petersburg, that unless Persia de
cides today to accept the terms of the
, Rusalan ultimatum demanding the dis
missal of W. Morgan Sinister, I lie
AimiliHn uctlng as treaier general, thu
commander of the llu slan troopj now
Iconcrntiated at Ka.ibln, has been oidcred
I to ad vanes on Tehciun. Tho troops, who
' number about 4 ooo i.f all arms, will, In
the event of Peisla's contlnutd refusal,
' begin their advance tomorrow.
Congress Adjourns
for Holiday Recess
WASHINOrON. 10. lU.-lloth houtes
of conrers adjourned for the holiday re
cess and will reassemble at noon Janu
ary 3. Tha house adjourned at 2:31 p. in.
anJ the senate at 'J. 31 p. 1.1.
John 0. Teiser Submits Name for the
Nebraska Primary,
Kxeeatlve "ays Colonel la Great
' Favorite In This fttnte and People
May Yet Pais Hint to Point
of Acceptance,
(Prom a Staff Correspondent.)
LINCOLN, Dec. Sl.-(8peolal Telegram.)
John O. Yelner this morning filed a
petition to place the name of Theodore
Roosevelt on the primary ballot aa a
preferential candidate for the presidency.
The petition contains the names of
twenty-five persons In addition to that
of Mr. YeJsor, himself, jvhtoh Is thrown
In for good measure. The petition Is In
ths regular form and the number of
signatures complies with the ruling of
the attorney general rendered late yes
terday. The petition vds a follows:
i"Te the secretary of Btale of the Bute
of Nebraska: The undersigned elllsens
and duly qualified electors of the state
of Nebraska affiliated with the repub
lican party hereby petition and request
that the name of Theodora Roosevelt be
placed on the republican ticket as e
preferential candidate for president of
the United States to be voted at tha
republican primaries to be held on the
Urtli day ot April, A, D. 1012.
"JOHN O. YEISElt (and Others.)"
Outside of Governor Aldtich neither
state officials nor men prominent In poli
tics would discuss seriously the filing of
Roosevelt's name. Without exception they
admitted that if Roosevelt's name went
on the ballot as a serious candidate no
one could at this time estimate the con
sequences, but
Governor Aldrlch Comments.
Commenting this evening on the filing,
Governor Chester H. Aldrlch said:
"Without doubt his name would go onto
the ballot In every state In the union If
Colonel Roosevelt would even give the
slightest Indication that he would sanc
tion it, and he would be nominated for
president at the next national convention
Just as raslly as he was In UMM.
"Here In Nebraska there Is a latent
sentiment that neeus but slight encour
agement to become the dominating po
litical foroe In the state. And In spite of
Colonel Roosevelt's declaration that he Is
not wishing to be a candidate for office
under any circumstances, the people of
this .country may put him in a position
that he may feel It to be his moral and
patriotic duty to accept the nomination.
"'1 lie people elected hlin to the exalted
position of the presidency when he wanted
it and it would lie his Kiuteful duty to
boroma a candidate because they want
"Colonel Roosevelt could carry Ne
braska and the west by even a greater
majority than he did before, which was
a record-breaker. It Is my opinion that
not only here In the west, but over the
entire country his nomination would ce
ment and harmonize Into a coherent
working force tho entire republican
' I. a. Follette Man TalWs.
Secretary Corrlck of tha La Follette
State league, when informed of the uc
tion taken by John O. Yeiser In putting
Mr. Rooauvelt's name in nomination for
,tUv presidency, made thu following state
ment: "While there are many sincere udmirers
of Colonel Roosevelt In Nebraska, no
genulno progressiva will be loupd voting
for hlni for president. Ounulne progres
sives will reooguUe everywhere that a
vote f'r Roost.velt s a vole for Taft.
A vote cast for Roosevelt by a pro
gressive can have no other result than to
advance thu interests of President Taft
for reuiunlnallon."
Secretary Corrlck added that he did
not think the placing of Roosevelt In
ths Held will seriously handicap the Ijl
Follette force in Nebraska,
NASHVILLE. Tetiii., Dec. JL-A nltfht
in tho atute penltentlury here convinced
Governor Hooper that reforms were ihc
ibsary in the state prison system. He
kubmittrd to the dcpiivtuioii of hU lib
erty ao that ho might observe more
closoly the condition of convicts who had
af-ked Christmas pardons and today an
nounced he would 4,'rant several condi
tionally. .
Defense Will Use Document
Refute Story on Stand.
Chief Witness Tells of nelnar vlth
Marks When Bank People Tele,
phoned that Mike Paper
Had Been Cleared.
The purpose In swelling the percentage
to be paid to Ben Marks from the original
proposition of S per cent to secure pollen
protection In Council Bluffs for the
Mabray gang was disclosed in the Marks
trial yesterday.
Of the extra 3 per rent 1 per cent was
lo go to County Attorney J. J. lien
tind the other to the First National
hank and its officers. Item was to b
, a!d for caring properly for the possible
vmiplalnts of the mikes and the bank
was to have the rake off as an Indemnity
Tor guaranteeing the paper of the mikes
and to notify Marks when tho paper
had become good.
Tills phase ot the "big store" business
was brought out by the attorney for
Marks In . the cross-examination of
Mabray which lasted all day yesterday.
It rams out aa a portion of tha so-called
written confession secured by Postofflce
Insperfor Swenson from Mabray on De
cember a, 1910, while Mabray was In the
Leavenworth penitentiary. The whole
contents of the confession was sealously
guarded by the attorneys for Marks who
will use It as an argument to show that
Msbray is as consummate a liar as he Is
a conscienceless thief, and that this, with
many other of his statements was part
of hla plans by which he robbed his
partners In crime by making them be
lieve that the percentage was used for
purposes of getting official protection
and clearing the way of commercial ob
stacles that might be encountered In a
the large financial transactions contemp
lated. It will be used as one of the
chief means ot offsetting the story he
has told In his direct examination.
Two Markray Confessions.
Foundation for the refutation of his
charges was laid when Mabray's atten
tion was called to a conservation ho hud
with Emll Bohurs In Des Moines In the
presence of others during the Kelly trial
a few days ago In a declaration to Attor
ney A. W, Askwlth In the spring ot 1910,
when he declared. ;that "Old Ben" had
nothing to do with the easiness, and by
a still broader general foundation show
Ing Mabray's whole story is the product
of his anxiety to escape punishment upon
twenty-six Indictments still pending
against him In the district court at Coun
cil Bluffs. It was also brought out that
Mabray really made two confessions while
at Leavenworth, cue written by himself,
which Is alleged to be lost, and tha other
prepared by Swenaon and signed by
In the clause of the alleged "confes
sion" first called to his attention by At
torney Organ, Mabray said that the first
1 per cent added at the beginning ot the
business in April, 1U07, was at his own
sugKestlon and that Marks did not de
mand It. "I added the 1 per cent to
the 8 to be given the officers ot the First
National bank that they might find gut
when the "mikes' ' paper was good so the
'play' could be pulled off," the confes
sion declared.
To Corrept Officials.
The other 1 per cent, added at the be
ginning of the season of IMS, "was to be .
given to the county attorney of Potta
wattamie county, la., to give notice t
Marks of the complaints that "mikes"
might make to him," read the so-railed
cunfosslon. Mabray then went on to tell
how tha plans worked to corrupt the
bank officials and County Attorney Hess,
"I suggested to Marks that we hud tu ,
do this and would pay for It." testified
Mabray. "I did It to corrupt the county
attorney, and I suggested the other 1
per cent to corrupt the bank officials."
"And this was the county attorney who
procured twenty-six or mote criminal In
dictinentsH after you after you had cor
rupted him?" thundered Organ. "And
all of these Indictments were returned
before your alleged confession was signed
by you charging you with every degree of
theft, perjury and conspiracy defined by
the laws of Iowa?"
"I don't know; I guess It was," replied
the witness.
"How much did you give Marks to give
lo the officers of the First National
"1 gave him 110,000."
"All In a lump and at one timer
"Yes; I guess so."
"Where did you get the money?"
"I got it out ot our office In the Mer
rlam block. I took It from the 'bank
(Continued on Second Page.)
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