Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-28
TRIAL OF OTTUMWA'S CHIEF Ex-
EcUTlVE DRAWS TO CLOSE
AFTER ARDUoUs AND TRYING
Y EXAMINATION OF EIGHT DAYS.
M'NETT AND COSSON
CLOSE ARGUMENTS
ONE MAKES IMPASSIONED PLEA
FOR REPUTATION OF A FRIEND
WHILE THE OTHER SEEKS TO
DUST THE OFFICIAL.

Some little consolation was af-
forded the defense in the Phillips
custer case yesterday afternoon
during the argument Of Attorney
McNett when Judge Willcockson
announced that he would give the
most attention to three PROPOSE
tions In arriving at his con-
cIusions In the case. He said he
would, however, carefully go over
the records, but that he felt at the
time of making the statement that
he would give practically all Of his
attention to the following PROPOSE
tions:
First-"can the state 90 back
OF the enactment Of the Cosson
law and remove the mayor for
A.acts or neglect which occurred be-
fore the law was enacted, and for
which he could not have been re-
moved at that time.
second-"What do we claim
that the proof showed in respect
to the question Of whether the
mayor was intoxicated on April 80.
Third-"'s single act Of Intoxi-
cation sufncient to Justify or re-
qure removal Of the mayor"
The removal from or continuation OF
Thomas ]. Phillips as mayor of Ot-
tumwa now lies in the hands of Judge
X. e. Willcockson of Sigourney. The
close of the trial came late yesterday
afternoon when Senator Cosson made
an impassioned appeal for the same
justice to Tom Phillips as would be
meted out to a laborer or anyone else
charged with intoxication in police
court. The states attorney asked
why the mayor of the city was any
better than any poor devil who should
become drunk as he believed the
mayor to have been on April 80 in the
Exchange saloon. William McNett
made the closing argument for the de-
tense and his was the plea of man
for q friend he had known for thirty
year and with whom he had differed,
but felt called upon by duty to come
to that friends aid in the struggle for
his honor and reputation, when both
were at stake.
The ending of a great and hard
fought legal battle with the reputa-
ton of man popular with many at
ISSUE and the bringing out in Its
progress of many things that tended
to both credit and discredit the official
and the man, was brought about when
Senator George Cosson made his clos
ing argument and the case was sub
mitted to Judge Willcockson. All that
his friends and counsel could do to
save his reputation and retain him in
Office, as well as all that well fought
could do to remove him
from that office, had been done when
the bailiff announced that the special
session of district court would adjourn
sine die.
The court announced to the lawyers
that he would report in short time,
perhaps in few days as soon as he
looked over the notes and considered
the evidence that had been presented
in the course of the trial.
Not a Penalty.
Attorney McNett stated at the be-
ginning OF his argument that the
crux of the whole case lay in the in
terpretation of the statute, and that It
was the motive of the law not to i'm
pose a penalty for the offense so
much as to protect the public in me
event that the officer upon being re-
tanned in office committed the same
offense over again.
At this juncture the court stated
that upon three propositions chiefly
did the case rest and Mr.. McNett, al
ludins to the charge of intoxication
stated that it was unfair to Mr.. Phil
lips to say he had been wholly or in
mart Intoxicated. And as to the ques-
tion OF the knowledge Of gambling
Continued on Page 81