Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-12-08
ARGUE MOTION
OF CONTINUANCE
CASE OF STATE VS.. THE PUBLIC
WATER co. MAY COME TO
TRIAL
From fridays Daily.

From Fridays Daily.
A motion for continuance in the case
OF the state of Iowa vs. the Public Wa
ter company was filed this afternoon
by Attorney William McNett, when the
case was called for trial.
Mr.. McNett, after reading the mo-
ton, stated that it was impracticable
to do any work on the Court street res
eryoir at this time. 1t is because of
the condition Of the reservoir that the
water company has been indicted for
maintaining nuisance.
He stated that the only reason that
the Court street wall had not been re-
paired by the company was becausethe
concern did not have funds to do it
with. He stated that if the case was
continued until the March term, while
he could not promise absolutely that
the wall would be rebuilt, he confident
ly believed the company would do so,
and knew that it would, provided
the money could be raised. At any rate,
he said, the city was withholding the
hydrant rents due the company and
enough money would have been collect
ed in this way.
Gould Not Plead Guilty.
In regard to the proposition made by
County Attorney w. w. Epps, that the
company plead guilty to the indict-
ment, in which case sentence was to
be suspended until June /, Mr.. McNett
said he could not do that because, from
the wording of the Indictment g plea
of guilty would mean an admission that
the whole reservoir was nuisance, in
asmuch as the Indictment did not spe.
city the North Court street wall
He further stated that there did not
seem to be any immediate danger that
the wall would fall out and that If there
was the company was willing to build
false work bracing it, and that this
was the only step practical at this
time. He stated that if the reservoir
was abated it would leave the city at
the mercy of fire and would seriously
impair the water service on Court
hill.
Measures Are Unsuccessful.
The steps recently taken to secure
an arrangement by which the case
might be continued have been unsuc-
cessful and when court opened this aft
ernoon, the case of the state VS.. the
water company was called for trial. Mr..
McNett made his motion for continu-
ance in answer to which Mr.. Epps filed
his objections The matter now rests
with the court.
Carmen Case Goes to Jury.
The trial in the case Of the state of
Iowa VS.. ]. B. Carmen, charged by in
dictment with obstructing highway,
closed this morning after trial lasting
| for. mo fhon a yunn1y tho 90
went TO the jury at 11:45 o'clock.
Signs Decree.
A decree has been signed by Judge
F. w. Eichelberger in the case of the
city of Ottumwa VS.. j. j. Smith, fixing
the amount of the city's special assess
ment against property of the defendant
for expense of paving on Marion street
at $100. The amount of such a special
assessment in excess of $500 is can
celed. This decree is in accordance
with an agreement between the par
ties to the case.
Asks Divorce.
Alleging that since their marriage on
September 20, 1902, her husband, 10
seph Fothergill, has become an habit
ual drunkard, Goldie Fothergill has
| filed petition asking for divorce, the
custody of minor child, SIS temporary
alimony and $40 month permanent
alimony.
To Quiet Title.
The Iowa Business Mems Building
and Loan association has filed suit
against E. H. Stoy alleging that a
mortgage given to the defendant in Sc
curity for note paid several years has
never been Cancelled on county records
and asks that its title to the real estate
in question be cleared of the cloud
which the record throws over it.