Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-10-18
COURT CONTINUES PROCEEDING
AGAINST sALooNlsT UNTIL
NEXT SATURDAY..
ATTORNEYS DISAGREE OVER
TERMS OF INJUNCTION
Both Sides Contest Every Point and
Bring in Witnesses to Support Their
case-AIlesed Promise Of Immunity
to Saloons Denied by County Astor
ney Esermayer.

After spending practically all of Sat
urday on the Erst OF the saloon con-
tempt cases against John Kelley, Of the
Clifford uptown saloon, the case was
not finished. and Judge Parker adj
journed court until next Saturday
morning a; 9 o'clock. Because neither
would concede any but the most IN
important facts relative to the saloon
and its business, both deemed it nee
sssary 10 get into the records all OF
chose things which had bearing. either
directly or indirectly, on the case.
This procedure necessitated the talk
the records Of the court the documents
on fie in the county offices which bore
on the saloon in question.
Answer Alleges Misrepresentation.
No sooner had Judge Parker over
ruled the motion containing the OBJ
jections Of the saloonists TO the courts
jurisdiction in the case, than the at
aorneys for Kelley fled their answer TO
tine charge of contempt. Supporting this
answer were the aftidavits of F. E.
Northup and C. H. E. Boa rdman, the
attorneys, who alleged that the first
steps taken, which resulted in the de-
cree being issued, came from G. w
Durham. County Attorney Egermay-
er's law partner. Boardman said in his
affidavit that Burnham suggested to
him that ne, Boa rdman, get into the
case and, by SO doing, a plan could
be arranged by which the saloon cases
could be disposed OF.
The affidavits also alleged that the
ealoonists' attorneys had been prom
ised by County Attorney Egernlayer
and Senator Cosson that, II they
Sgreed 10 the decree in the four cases.
the saloons would not be lnolested, and
their stocks would not be seized.
Denied in Cross Examination.
Among the witnesses which the state
put on the stand was County Attor-
Hey Egernleyer. and he denied in toto
that the saloons had ever been prom
ised immunity if the compromise de-
crees were issued He said promises in
ruch a direction extended no further
Than that Senator Cosson had said
that ne did not advise selling the
stock of the saloons.
Egermaver denied that he had ever
said anything 10 Boardnan or Northup
during their conferences which re-
suited in an agreement as 10 the form
of the decree that would lead them to
believe that the saloons would be al
lowed 10 operate after the DEGREES is
sued. Egermayer did say that Cosson
had told the saioonists' attorneys that
the state would take every advanta ge
possible under the DEGREES after they
were issued.
State Finishes Its Case.
The state completed its evidence late
81 the afternoon. The saloonisrs's attor-
neys being unwilling 70 admit any
thing. even 10 the existence of the sa-
loon in question, the state put on the
stand witnesses 70 prove these facts
They ware Edmund Tufree, Sheriff A.
A. Nicholson. NJ. NJ Dickson and Coun-
ty Attorney Egermayer Sheriff Mich
bison also testified 70 having purchased
whisky n the saloon on Oct and II
after the injunction rad been issued
Clerk Of Courts F. N. Ha-adon was
put on the witness stand 10 identify
The various records of the proceedings
of the case
The first witness put on the stand
b. the defense was County Audito,
Erastus Cornell. He was used 10 iden
tify the bond. petition Of consent, con
sent Of the properly owners, and reso.
hutton Of the city council.
When It became evident that +
would be impossible 10 finish tina
might the court continued In. case 70,
q week