Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-04-15
FINDS Him GUILTY
Supreme Court Afflrms Former
Judgment in Phillips Case.
THE ELDON MAN MUST SERVE TIME
Jack Phillips, Who Is Accused of XIII.
ing Clarence Debard September q,
1900, Declared Guilty of MansIaush-
ter-other Gases.

[From Fridays Dally.l
At Des Moines yesterday the Iowa
supreme court confirmed the verdict
of the Wapello county district court,
Judge F. w. Eichelberger, which de-
clared that Jack Phillips, of Eldon, was
guilty of manslaughter. Phillips is
now out on appeal bond, and is living
at Eldon, where he has been since his
trial several months ago, but he will
be arrested soon and will then have
to serve time in the penitentiary for
killing Clarence Debard, of Eldon, on
September 4, 1900.
Story of the Case.
Phillips was special policeman
during the Big Four fair at Eldon in
September, 1900, and while acting as
such he arrested Clarence Debard, an
Eldon young man, for causing a dis
turDance. Debard, it is said, resisted
arrest and in scuffle he tried to seize
a knife from weinnerwurst stand,
but this was prevented by Phillips,
who struck his prisoner with a billy
The man was taken to Jail consider
opiS eiiS WI DC LII SApSllSuSt, Uul
did not die until night. He was found
on the floor of the jail, dead, having,
it is presumed, fallen from the cot on
which he had been sleeping.
Debard's skull was fractured and
the grand jury indicted Phillips on the
charge of murder in the first degree,
claiming that the blows he struck with
his club fractured the skull and caus-
ed the mans death. The case was
tried in this city before Judge Eichel-
berger, and after hard fight Phillips
was found guilty of manslaughter He
appealed the case and gave bond. Yes
terday's decision of the supreme
court, which was handed down by JUS
tice Ladd confirms the verdict of the
lower tribunal and condemns the man
to prison
The case was one which excited
much interest throughout Wapello
county and indeed the whole south
eastern part of the state. The claim
OF the defense was that the dead
mans skull was fractured by the fall
from the cot to the floor of the Jail,
but the state proved to the satisfaction
of the jury that this was not the case.
Although the gravity of the offense
was reduced by the finding of the
jury, the penalty will nevertheless be
severe although the man is declared
guilty of only manslaughter.
Other Decisions.
Other decisions handed down by the
Iowa supreme court yesterday were as
follows:
Rebecca Perkins VS.. M. v. Perkins
ct al, appellants; Warren district, ].
III. Apologize, judge. Reversed; opin-
ion by Deemer
|. l.. Wilson, appellant, VS.. w. A.
Dilts; Henry district, Jas. d. Smythe,
judge. Reversed; opinion by Sher-
win.
F. M. Groves VS.. L. e. Steele, ct al,
appellants; Marion district, j. D. Gam
bic, judge. Modified and affirmed:
opinion by McLain.
w. J. Hanna, appellant, VS.. ]. H.
Wright, ct al; Dallas district. A. W..
Wilkinson judge. Affirmed; opinion
by Deemer
Martha Pence VS.. Wabash Railway
Co., appellant; Davis district. F. w.
judge. Affirmed; opin-
ion by Deemer.
Thomas D. Lockman. appellant. VS..
d. M. Anderson ct al; Monroe -
trict Robert Sloan, judge. Affirmed;
opinion by McLain.
j. M. Joseph, appellant, VS.. w. J.
Davenport ct al; Union district, HIM.
Towner, judge. Affirmed; opinion by
Waterman.
State of Iowa vs.. Martin Jay; Boone
J. R. Whitaker. judge. Re-
opinion by Laid.
William d. Lowery ct al VS.. William
z. LoWery ct al; appellants; Mahas-
ka district, w. G. Clemants, Judge.
Affirmed; opinion by Laid.
Rand Lumber Co. ct al! appellants.
vs.. c. w. Adkins ct al Mahaska dis
trict, A. R. Dewey, judge. Affirmed;
opinion by Deemer.
Lemuel Daugherty, appellant. VS..
James T. Daugherty; Lee district,
Henry Bank, Jr., judge. Affirmed,
opinion by Sherwin.
State OF Iowa VS.. M. R. Hammer, ap-
pellant; Jasper district, C. A. Bishop.
judge. Affirmed; opinion by Sherwin.
tFrom Saturdays Daily.l
Yesterday, the Iowa supreme court
upheld Judge Fee, of Centerville. in
his verdict in the case of Fred Callers
VS.. the Chicago, Burlington e Quincy
Railway Co., appellant. The opinion
was handed down by Justice Sherwin
OF the supreme court. Other decisions
made yesterday were as follows:
City of Burlington, appellant, VS..
John 5. Fear, ct al, Des Moines dis
trict, J. d. Smyth, Judge; affirmed;
opinion by Waterman.
Blumenthal Bros. company VS.. How
ard F. Culver ct al, appellants, Wood