Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-04-30
Motions Filed Today Claim
That Fifteen Saloon and
Gambling Indictments
Are Faulty
SAYS JURYMEN WERE
ELECTION OFFICIALS
Affidavits Supporting Mo-
tons Claim That Spilman
and Kitterman Are
Ineligible
The indictments involved.

The indictments involved.
From the January Term
Jack Thompson and Pearl Quigley,
Eldon; nuisance
Arthur Tuft and Dennis Maloney, FL
don; nuisance.
George Cline and Thomas Mulvaney,
Eldon; nuisance.
Patrick Smith and William Smith,
Eddyville, nuisance.
Ed O'Brien, Eddyville; nuisance.
G. A. Lager. Eddyville; nuisance.
From the March Term
Jack Thompson and Pearl Quigley,
Eldon; nuisance.
Pat Smith and William Smith, Ed.
dyyille; nuisance.
Thomas Faulds, Rutledge; nuisance.
G. A. Lager and Mart Emanuel, Ed
dyville; nuisance
Biff Wyatt and James Allison, Rut-
ledge; nuisance M :.
Anna Kane, Dennis Maloney and A.
Tuft, Eldcn; nuisance.
Ed O'Brien, Eddyville; nuisance.
George Cline and Thomas Mulvaney,
Eldon; nuisance.
JOHN Russell, Job Carter, David
Hearn and Frank Hillery, Eldon,
gambling.
Papers were filed today asking that
fifteen of the indictments retained by
the Wapello county grand jury at the
last two terms; be quasIed, because
1t is alleged two Of the members of the
grand jury. the foreman and one other,
are not qualified to act as grand jurors.
These indictments are against nine
teen offenders. against whom true bills
charging either violations of the mulct
law or gambling, have been brought.
The papers filed today include the
motion to quash the Indictment and
aff1davits supporting the statements
made as to why this drastic action
should be taken by the court.
The motion sets forth that J. H. R.
Spilman. the foreman of the grand jury
was one of the judges of election at
! the regular election held November 6,
1906, in the fourth precinct of Wash
|ington township. 1t further states
that II. j. Israel and e. p. Stewart
were the other two judges and that
contrary to the law Sptlman and Israel
caused their names to be returned as
the list of names for grand jury serv-
ice from their precinct.
The motion also alleges that Samuel
Kitterman, one of the grand jurors.
was one of the judges of election at the
Hast general election serving in the Sec
|ond precinct of Richland township. The
motion states that che other judges in
4 this precinct were w. A. C.Brown and
| John Rowland and that Brown and
Kitterman without the knowledge or
consent of Rowland caused their names
to be returned as the list Of persons
from that precinct for grand jury serv-
4 ice.
Z. 1t is further stated by this motion
that none of the plaintiffs were under
arrest or bound over to the grand jury
and therefore had no opportunity to
4 challenge the jury for cause
i Time for Hearing Not Set.
i In each of the cases mentioned a
motion to quash indictments and mo.
ton for permission to withdraw the
pleas made of not guilty, this last be
ing legal formality, were filed this
morning. No time has yet been set by
the court for hearing the arguments In
the case.
Il This action is brought by the firm Of
!, jacques & Jaques, though Lowenburs
& Coen and Adelbert Christy of Eldon
J are associated in the step, having
clients in the list of those indicted.
Other cases might have been a.ssost
ed by this step but in number o.
! these is consideration of their waiv
ing the right to protest against the
personnel of the grand jury, the de
PENDANTS have been granted continu
ance of their cases until the next tern
compromising the issues in this man
ner
The law states that no man shall b,
returned by the judges of an election
on the list for grand jury service VIII,
has either directly or indirectly aske,
that his name be put on the list.
Claim Violation of Law.
This provision the attorneys 70
those who would nave the Indictment
against them quashed allege has beel
violated in the selection of the gran
jury for this year. They support thei
allegation with a number of affidavit
among them being one from ROWAN
4 the third judge in the second precinc
of Ricnland township and one from F
e. Parker, an election clerk in tina
township.
Mccarty's Affidavit.
The affidavits are particular
7 strong ones. They include one fro1
Charles w. McGar.y- the auditor {