Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1909-04-03
POLICE MAGISTRATE FINDS Thlh
MEASURE WHICH CLOSED ALI
oTTUMWA LIQUOR HOUSES AS
INSUFFICIENT BY 27s NAMES.
DEFENDANT CHARLES
HALLGREN RELEASED
DECISION RENDERED AT t:su
O'CLOCK THIS AFTERNOON
VERDICT WILL PERMIT RE.
OPENING OF THIRST PARLoRs.


1--WE don't recognize the poIice
court as having Jurisdiction In
this matter and If the saloons
open up as result of Judge kir-
by's decision, we will enloin each
and every one of them on she
grounds that they have no LEGAL
right to operate" - J. G. Hutch
lson, President Law and Order
League.
"The ruling Of Judge Kirby ia
just as realized 1t would be from
the earliest days of the trial. Hls
verdict will be sustained In any
court, and the saloons of Ottumwa
are now privileged to reopen.
do not know when they will re-
sumo their business, but presume
some arrangement will be made
for this later" - j. j.. Smith, at
torney, for the defendant, Charles
HaIlgren.
The revocation petition. which
when filed December % closed all OF.
tumwa liquor houses has been, declaiS
ed insufficient.
Basing his decision upon the evi4
dence as presented during the numers
GUS days Of the trial. and not consid-
ering what might be termed techni.
calities, Police Judge T.. H. Kirby this
afternoon at 1880 o'clock gave his
verdict In the proceedings entitled
the State OF Iowa VS.. Charles Hail.
gren, charged with the illegal sale
of liquors The revocation petition,
signed and filed by persons who fav.
ored the closing of all Ottumwa ga
looms and wholesale liquor houses,
which served as the basis of the trial,
was found by the court to contain an
insufficient number Of signatures, and
1t was therefore adjudged invalid. The
finding of Judge Kirby gives the sa.
loon men the right to open their es.
tablishments. The ruling of the cpurs
comes as a climax to trial that ,s
been pending since late in DecembN
and during its progress considerable
opposition has been met When the
petition was first sought by the court.
in order that the signatures thereon,
might be determined valid or invalid,
| County Auditor Charles w. MoCarty
was prohibited from letting the In.
strument out Of his charge, and the
court, was, therefore, removed from
the regular room in the city hall 10
the board Of supervisors quarters in
the court house. During the progress
of the hearing, the county auditor Or
an employe from his office was in pos.
session of the petition. Subpoenas
were served upon nearly three hun,
! dred persons and their testimony as
to the genuineness of their signatures
was recorded.
The Courts Decision.
The decision made this afternoon
by Judge Kirby declares the petition
to be insufficient 279 names. The
finding OF the Judge, as read in open
court at 1870 o'clock follows complete.
/ The defendant pleaded as a defense
that he was selling under the mulct
law. The state introduced the Reyo-
cation petition that was filed with the
county auditor. Defendant objected I'd
all names on said petition that did
not show on the poll books as voted,
being 256 in all. Objections sustained.
Defendant objected to all names of
the petition that appeared ON a certain
withdrawal petition, 85 In all. Objec-
tion oyerrruled.
Defendant objected to all tha
names on pages "a, $50, 1874, 241 on
the grounds that they were not yert-
: fed properly. Objection sustained.
Defendant objected to all names on
the petition as not being their genuine
signature; that did not correspond
technically with the poll books. The
, state was permitted to subpoena said
| persons who testified to the genuine
ness of their signatures with the ex-
ception Of two persons, who testified
that they had not authorized their
names to be signed. Objection over
ruled with the exception of the two
names. Objection sustained as to tht
: two names
!. Defendant objected to all the names
/ appearing on the petition that wa,
sworn to before Mr.. Reinwand on the
ground that he was not citizen of tht
United States. Objection overruled.
1t appearing from the evidence tha
5355 voted at the last preceding gen
eral election. and that the Revocation
petition contained 1880 names. which
. is an apparent majority Of 212, and 4
u further appears that 2T9 names ap
4 peared on said petition that were no
e voters Of whose names had not beer
t properly verified or who had not auth
!. orized their signatures. The cour
a finds this petition insufficient and tb,
defendant not guilty.
Defendant discharged, and bonds
men released.