Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-09-06
Clarence Devard, of Douds Station,
Died Tuesday Night,
]. W. PHILLIPS is UNDER ARREST.
Is Charged With Having Struck Devard
on the Head With Club While Act
ing as Special MISUNDERSTANDING
of Coroner's Jury.

that he struck Clarence Devard, or Be
nard, with club, Tuesday afternoon,
thereby causing his death. has been
held on the charge of murder. Phil
liLs was brought to Qttumwa this NOR
ming by Constable Jacob Roberts and
lodged in the Wapello county Jail. The
grand jury has adjourned but it is I'M
derstood that they will be recalled to
investigate the case. A coroners in
quest was held yesterday after two FL
don physicians had made post NOR
tenn examination and reported their
finding to the jury.
Phillips was acting as a special po-
liceman during the Eldon fair and
Tuesday afternoon arrested Devard on
the charge of intoXication after having
told him to go home. Devard resisted
and Phillips, according to his own
statement, struck his prisoner on the
head with his club. At the time it
was not thought that he was injured,
but that night ne died. A coroner's
jury, comprising l.. E. Coad. E. E. Hill
lis and A. j. Shelter, was empaneled,
and after hearing the evidence recon-
| mended that Phillips be held on the
charge of murder.
Phillips Story.
| The following is taken from testimo-
ny given by Mr.. Phillips before the
coroner's jury yesterday afternoon.
81 was at the depot when Devard
passed there and went to Recess sa-
loon. followed him there. This was
in the afternoon. stood outside about
three or four minutes before l went
| into the saloon. There were two men
in the saloon talking over some school
matters. Devard went up to them and
said he could whip either one of the
--- and then | went in.
They were drawing back to strike each
other and l took hold of them and
stepped between them, stopping the
| fight. took Devard out. l took him
as far as the east end of the depot ana
he promised me he would go home.
started back to Recess and Devard
went around the depot and came right
back to the saloon, met him before
he got there and told him If he came
back and made any more trouble
would have to arrest him. Devard
went back to Recess where Blachley
was running a, "weener can" and the
man Devard HAD had the trouble with
was standing there and Devard made a
grab for a butchers knife that was
there and belonged to the 'weener"
man. Devard exclaimed at the same
time: give me that and 1 will cut his
- throat. Devard then grabbed the
fork out of the,tan and Blachley took
that out of his hands. l walked up
then and Biachley said take this man
away from here. and told him he was
under arrest. l was going to lock him
up. He resisted for minute or two
but came along until he got in front
of the Eldon hotel when he began to
halloo and abuse me and wanted to
4 fight me there. When got in front of
the printing office he refused to go any
further. told him to come along but
he tried to get away from me. He
made the second lunge when knocked
him down. tried to get him up and
he kicked at me several times. He
took his hat off and told me l could
beat him ir the head all l wanted to
he would not go. tapped him lightly
the second time and assistance came
when we picked him up and carried
him. He tried to kick us while we
were carrying him.
District Court Notes.
The grand jury adjourned today ar
ter having returned four indictments
the defendants in three of them not
being in custody. The one madespub.
lie was against Harvey Canterbury and
charges bin with bdrglarizing the Ell
don Touring mills Tuesday night. He
was brohyl.t to Ottumwa yesterday
and after the Indictment was returned
this morning, was brought into court
where he was arraigned. Smith Han
shaw, Of kidcn was appointed to de
fend him.
The foreclosure case of Ed. Mahon
, VS.. Alester Thompson was taken from
the assignment this morning and con-
tinued for service.
The partition case of Francis Petty
ct al VS.. William Davis ct all was dis
missed at the cost of the plaintiff, judg
ment to be rendered therefor.