Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-02-09
Trial of Dubuque Attorney ant
Ex-sheriff Phillips Causes
Big Sensation
COURT APPOINTS COMMISSION
Attorneys for Defendants Resist Such
Action on Grounds That Prosecution
Was Started by,J. J. Mccarthy, Who
Has Plaos on the Commission Thru
Enmity to Attorney Matthew'S
Special to rimes-Republ,can.

Dubuque. Feb. .s.-Never i'm the en
tire history OF THE lccai courts ha
there been more sensational p1oceed
lng than that ,atnst Attorney Alphon
olatthews and Sheriff Thomas F
1hinSps for their alleged action In IN
dudnE y---or Moriarity, WHO sat in ta,'
box durang the trial OF the Blumen
1nalvs Union Electric Company case
60 1sosd out against a verdict iu exces.
Of $1,000. 1t is not charged against tn,
Defendants that they brdbed Mcriauity
4 is cont ended and the allegation il
routained In an affidavit of record az
GROUND for the grant OF new trial
THAT Phillips made an engagement witt
aloriarity, wtho was an old friend D
his, and that they met tn q saloor
where Phillip bought the drinks free
81 ana todd \ Haarity that Matthew
Ind requested him TO get one OF the
3urynIen % hold out for q verdict M
la,rger ,anan $500. Mortarssy repliet
10 PMMips that he would do what hi
could for him. hut would not 81
against his conscience. The juror
names q man called Burke as
having been present at the
interview but Burke has moi
yet been produced In cour.. Pril-
0aps is still out of the city but his coun-
sci agreed to produce him in cotcS
Wedne Hday morning when the ccsa-
tenpt proceedings will be taken VI
again.
At the hearing ye,ssenday, ahs court
appointed commission comprising R
~. Stewart and j. J. McCarsly, tho
lseter ex-pres! 6lsr. o6 the Iowa State
Rar Association. coun,ssi for platnstii
In xhy da1nge saIst, sin6 the man who
Vecured tho jurors affidavit. TO investi-
gate tRse c1lnrges and report the result;
Of tc1ar Investigations " the court. w
j. Knight, general counsel OF the Dl-
nois Central Railroad. appeared fol
Phalhps and he ami MIR. Msiahawb con-
kenrsu Themselves with resIs,ting tElc
appodn tment Of commission and en-
6eavmdng te o.~lte the impression that
the prosecution Was started by Mr..
McCMthy thru his errnity fer Mat
thewN When Mr.. Mccarthy ASKED the
Rppolrtmcut of a commission. Mr..
Knight objected. saving: las to the
.appoixmeut Of a commission In This
der, Mr.. Mccarthy has assayed tn
of prosecutor. Now why doesn't
some out and nOe stand behind a
.NnmGssion? p
The couat-Ymi said you hoped !
uuld not pass on this question,
Mr.. Knight-Yss, because there was
nj a proper basis for The rite.
Mr.. Aratnhewx-I beside the court
ant to take any hasty action.
Mr.. KHght-We VITA ACCEPT Mr.. Me-
Carthy as prosecutor.
Mr. Ma,sthew has state wide fame as
. crimincl lawyer. It was he who ac-
qu1tted John McGarry, once tried ana
convicted Of the murder OF Attorney
NJ. o. La Wake It was In the course
a that TRIAL that another attorney r.
r. Jess. Declared on the witness Stand
<slht Mr.. Matthew's Offered TO take him
Into the cate. and thus shut him OF
as thu principal prosecuting witness:
Sheriff. Pa1tdi5pe ID probably the
sssost popular man in Dubuque courty.
and. he. tno, has z wide acquaintance
tirruuit the stata The !ntecest In the
'costeznpt psucesdtnEs here in Dubuque
= intense.