Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-04-17
CASE DECLARED OFF
Moore-Phillips Controversy Will
Not Come to Trial.
DEFENDANT PAYS ALL THE COSTS
Document Filed Today in Which Both
Parties Agree to Drop the Case
End of Little Argument that At
tracted Statewide Notice.
lFrom Tuesdays Daily. ]

lFrom Tuesdays Dailyl
The case of Robert H. Moore VS..
Thomas Jefferson Phillips has passed
into history and oblivion. Thomas
Jefferson has paid all the costs Incl
dent to the case and has found that
to kick an editor gains for the kicker
almost as much notoriety as does be-
ing candidate for governor on the
| democratic ticket while the cost is
not nearly so much and the loss of
time involved is not nearly so great
Both sides are fairly well pleased, an
other case has been wiped off the
docket of the Wapello county district
court and all is we'll.
According to the assignment of
| cases as made some weeks ago by
Judge Vermillion, the re-Phillips
case was to have come up Immediate
ly, but it has been headed off by the
document which was filed at the court
house this afternoon, wherein the ex-
mayor agrees to pay all of the costs
provided that the prosecution of the
case be dropped. He doesn't promise
never to do it again, but it is safe to
say that he will devote some time to
serious thought before repeating the
little game of association football
which has cost him several hard-earn-
ed dollars.
| Time was when the two parties to
the would-have-been suit were good
friends. They We're both on the same
side of the political fence and both
had several ideas in common. When
Mr.. Phillips was mayor he is said to
have befriended Mr.. Moore in several
ways, but for some reason or other the
editor ceased to like him any more,
and it was not long thereafterward
that articles which We're anything but
complimentary to Mr.. Phillips appear
ed in Mr.. Moore's paper. Mr.. Phillips
notified the editor that it was his wish
that the Herald should say no more re-
garding him and should no more con-
tain his name, but the editor didn't
heed the warming, as the Saliva
ton Army people say, but kept right
on using the name of the coal operat-
or and politician.
This made the nameSake of the
founder of democracy angry, and one
afternoon, as he walked down stairs
from his office in the Bonnifield build
ling on Market street, he espied the
editor on the walk and hailed him. Mr..
Moore did not heed this time, either,
SO his interlocutor caught him by the
shoulder, turned him around, repeated
his warning and kicked him in order
to make him remember the occasion.
Mr.. Moore remembered it well, and
| it was not long before Mr. Phillips
was before Justice Campbell, charged
with assault and battery He was
found pui1tv and finnd Int
| ed the case to the district court. Mean
while Chester W. Whitmore, attorney
for Mr.. Moore, filed suit in the district
court asking for $4,000 damages and al
lleging that the personal injury and
wounded feelings of the plaintiff
prompted him to place the amount at
this figure. The case was assigned
for trial. but William McNett, attorney
for Mr.. Phillips, offered Mr. Moore $40
in settlement of the case, but this of
| fer was refused.
Is Finally Dismissed.
Today, however, settlement has
been reached and the following docu-
ment filed this afternoon, tells the
story:
Comes now the plaintiff and &C.
knowledges full accord and satisfac-
ton of the basis of this suit, asknowl-
edges receipt of payment of any and
all claims hereunder arising, and here
by releases defendant from any and all
claims Hereunder arising.
"And it is hereby agreed that said
cause shall be and same is hereby dis
missed at defendants costs, costs hav-
| ing been paid.
Chester w Whitmore,
Attorney for Plaintiff.
"Wm. McNett,
Attorney for Defendant"