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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