Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-09-13
in PHILLIPS BEHALF.
Motion Filed to Set Indictment
Aside on Murder Charge.
ZIP AND ]. 0. MILLER FOUND GUILTY
Chief of Police Is the Plaintiff in a
Petition Asking for An Injunction
Against Geo. BagnaII to Restrain
Him From Conducting Saloon.

This afternoon Attorney l. H. Tom
linson, of Eldon, who has been ap-
pointed by the court to defend Jack
Phillips, the man indicted on the
B charge of killing Clarence Debard
with his club while acting as special
policeman during the Eldon fair filed
a motion asking that the Indictment
against his client be set aside on tech
meal grounds. He alleges that the
grand jury which found the indict-
ment was not selected. drawn, sum-
. moned, empanelled and sworn as pre-
! scribed by law. The motion alleges
that the defendant was not permitted
to challenge the grand jury, as is GUS
tomary and lawful, and that at the
time the grand jury was called to
hear testimony in the case that the
defendant was confined in jail, the
inference being that if the state had
not forgotten it, Phillips could have
been brought before the jury and
given a chance to exercise his chal-
lenge. The ground is purely tech
nical but what weight it will
have with the court is specula-
tive. The defendants bond has
been fixed at $S,OOO which he has
not yet given. Phillips will doubtless
plead not guilty to the charge of muir
gainst him this afternoon, this being
the day set on which he was to
plead.
Find Them Guilty.
At $40 O'Clock the jury which heard
the evidence in the cases against J.
o. and Zip Miller, charged with as
sault with intent to kill, brought in
u verdict finding each of the defend
ants guilty of assault with intent to
commit manslaughter. Both men are
colored, and are accused of striking
Ed. Belch, of Keb, with club last
spring. Belch fingered between life
and death for some time, but finally
recovered. Next Monday has been
fixed by Judge Sloan to pass judg-
ment upon the Millers.
To Close Saloon.
"A petition was filed in the clerks
office today in which H. G. Williams,
chief of police, by the City Solicitor,
w. H. G. Jaques, asks that a tempo
rary Injunction issue restraining
George Bagnall from selling or keep
ing for sale intoxicating liquors in
the building situated in the Devin
block where he is now conducting a
saloon. The petition alleges that the
place is nuisance, and that Bagnall
sells liquor after 10 o'clock in the eve
ming, on Sundays, holidays and on
election days. 1t further states that
he allows men and women to congre-
gate in the place at all of those times,
greatly to the disturbance of the pub.
lie. The petition further states Bag
nall sells liquor to drunkards, and al
lows persons to congregate in his
place of business before o'clock in
the morning. The plaintiff asks that
a temporary writ of Injunction issue
restraining the defendant from selling
or keeping for sale Intoxicating liquors
and that upon final hearing
the Injunction be made permanent.
Judge Sloan has set next Monday
morning at o'clock as the time for
hearing the matter.
This is the place where it is said
{ beer is sold in tea cups under the
guise of serving coffee in rear
room on Sundays and after 10 o'clock
! at night.
District Court Notes.
! A petition was filed in the clerk s
Office today in which Clara Adams
) says she desires divorce from her
4 husband, John w. Adams, on the
ground of adultery, cruel and inhuman
treatment and non-support. Her at.
torneYs, Jaques & Jaques, in the pc.
tition recite that plaintiff and defend.
ant were married August %, 1888, and
\ lived together until August 20, 1900
when they separated because of an
i alleged act of adultery committed by
defendant with woman whose name
is unknown to plaintiff, The couple
have four children, two of whom are
with the defendant at Blakesburg
Mrs. Adams asks for a divorce and