Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-04-22
CONTEMPT CASE
is PROSECUTED
FAILURE OF WITNESS TO OBEY
sURPoENA FURNISHES BIT
OF EXCITEMENT.
FL. MATTHEWS THE MAN
Judge Has Him pay Cost in First I'm
usual Act of the Tedious lnjunc-
ton Proceedings Two New
Suits Filed.

The first bit of excitement that has
thus far featured the injunction pro-
ceedings before Judge C. w. Vermilion
came ND this morning, when Frank L.
Matthews faced the court on the
charge of contempt, he having failed to
obey subpoena to appear as a wit
ness for the plaintiff, r. A. Mills. The
court, released him upon his promise
to pay the costs of arrest, etc, to
Sheriff w. w. Jackson. The subpoena
being served on all individuals by the
plaintiff states plainly that unless
answered in court, the witness will be
liable to prosecution for contempt of
court.
During the action of the trial yes
terday afternoon, when William Kim
Bile or w. A. Neal, as he testified his
name to be, was on the stand. it was
brought out that he had not signed
the revocation petition, his sworn
statement being to the effect that he
was known as w. A. Neal and not
Kimble. Neal is the step son Of Jake
Kimble, whom he says threatened to
chastise him If he signed the petition.
Attorney w. w. Rankin stated this
morning that while the witness said
he did not sign the petition will
lam Kimble,' his handwriting Of that
name on a slip Of paper was Identical
with the signature on the petition.
The task Of comparing the names on
the petition with the poll and register
books, was completed this morning
Just before court adjourned for dinner.
The matter of examining witnesses to
verify the genuineness of signatures Is
now in progress Some 200 witnesses
will be examined.
Thus far in the proceedings the
plaintiff has presented evidence upon
various phases Of the case from the
following: N. L. Arrison, C. w. Nc
Carly, Charles Deeds, M. J.. Byrne,
John T. Brady, E. R. Mitchell Dan
Harmon, H. G. Blount, George Blount,
Perry Condor. H. N. Millhouse, G. l..
Gillies, L. Wagner J. e. Cummings, G.
M. Livingston, S. P. Johnson and F. l..
Matthews The defendant has present
ed evidence from c. A. Walsh, w. A.
Neal and George Phillips.
Junlein Case Not Decided.
Whether or not John Junkin will be
A|0ught to this city for arraignment
&nd trial has not yet been decided by
Judge G. w. Vermilion, before whom
all petitions for and against such a
move are now filed. Owing to the alb
sence of Judge ]. G. Mitchell, who is
In Keosauqua and will not return until
Thursday. it Is not likely that a
definite answer to the motion of the
Judge for change of venue will be
given until his return. While Judge
Vermilion is anxious to render q de.
cision in the matter, due to the many
Inquiries that are coming in to him
daily, he feels that the affidavits and
petitions of the defendants counsel
must be carefully compared and weigh.
ed with the strength of County Attor.
ney Seneca Cornells papers in resist.
ance.
Two Petitions Filed.
Judgment of S1O0 and interest is
prayed for in a suit on a promissory
note in which T. F. Ruckman is the
plaintiff and Flora Fay is the de
PENDANT. In the petition on file in the
county clerks office, the plaintiff asks
that he be allowed to forecIose on a
mortgage and that a receiver be an
pointed to dispose Of the property tc
satisfy, the judgment sued for.
w. p. Day VS.. H. s. Merrick is the
title of a petition at law filed Will
Clerk George Phillips Some Missour
land furnishes the litigation.
Webster's First Mayor Dead. I