Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-26

OF TUMW A COURIER
fifteen years and worked with him IN
city affairs while Capt JaQues, as
solicitor for the city, was Ill. When
told of the street flushing incident,
he said in his best judgment the
mayor was not under the influence OF
liquor at that time although he, the
witness, took drink with him on the
occasion. He also said that ne Wit
messed man drive two horse heavy
dray over the hose when the pressure
was on and heard the mayor say
with an oath that he had told him
mot to do that again"
Gives Gray Conversation.
Officer Frank Harris was the next
witness to testify. He told of know
ing John Gray for thirty-flve years
and repeated a talk with Gray some
two years ago, when he quoted Gray
as saying:
"Tom double-crossed me on the
plain clothes job and practically killed
my brother, Jim, but will get the
cid -- If it takes 100 years.
His story of the pulling OF the
Kaiser and Sumner places corrobo-
rated that Of Chief Gallagher When
through he was recalled to be ques-
toned regarding the Calhoun house
when Judge Willcockson made a ruling
eliminating the entire Calhoun house
evidence. The court ruled out all
that portion of the evidence, SAYING
that the state had failed to show tnat
the defendant had not acted promptly
when his attention was called TO IT,
and because he, the mayor had no
means of seeing the state OF affairs
existing at the place himself me
state excepted to the ruling.
Ordinance Is Old.
The next witness summoned was
Dan Harmon. ex,chief Of police, and
connected with the police department
of Ottumwa for fourteen years. cover
ing periods from 1878 to 1907. Inc
object Of the defense in calling the
witness was to show that the dis
orderly house ordinance was made to
cope with conditions prevailing under
Mayor Epps' administration and that
the city then felt that revenue should
be derived from those places of crime
WneTe USISOLS pei SlStCu -
to their evil ways after arrest. Thls
was the text of question of Attorney
McNett, to which the witness an
swered that such was one OF the cnlei
purposes until the passage OF Inc
m,,lct law. He said that the ordinance
had been in force during several ad-
ministrations since 1890 and was used
under Mayor SHUTS administrator.
He said the revenue was small Wnen
asked about Smokey Row he stated
that it was sore spot in OttumWa
for forty years and during the past
fifteen years was worse. In MS iast
service on the police force in l9O5-oi.
the witness declared, a good deal Oh
trouble was occasioned there and the
department had to keep one man
there almost all of the time He SAID
prosecutions were hard to get and one
had to get evidence against the Of
tenders before prosecuting them. me
witness said he knew Mayor Pn1iilps
and has had a pleasant acquaintance
with him since 1890. He never kne"
him to be intoxicated and had never
seen him in that state, but he stated
that Mr.. Phillips was tond OF
notoriety and was also quick tempered.
On cross examination he stated that
the disorder1y house ordinance
operated in saloon cases under the La
Force administration and that 1T was
not the custom to protect the gamp-
ling and bawdy houses and there were
no licenses given them.
City Clerk Deeds was called to the
stand to testify to the character anu
habits Of the mayor about the city nan
and said they were free from criticism
He said the mayor had occupied an
office in the city hall for the past year
and a half. received and answered MS
mail there. and usually LETT LOT nome
about 5 O'Clock in the evening. he
said that on the day OF the demo.
cratic meeting, April 80, the mayor ala
not want to go but that he, Deeds, IN
sisted on his going and he did NOT
see the mayor after o'clock on tnat
day.
Lewis Gives His Views.
John w. Lewis, in testifying. SAID
that he was sitting close by the sac
Of the mayor at the meeting April ~
and held whispered conversation Win
him. but was unable to detect any
signs of liquor or intoxication and was
firmly impressed that the mayor was
not under the influence of drink he
also told of the incident at the Car
rick theater Christmas eve when the
Elks' we're dispensing baskets to the
poor of the city. He was satlsneo the
mayor had not been drinking. He dlo
not see him taking a drink and was
with him for some time. He heard
the mayor refuse drink. saying that
he did not feel we'll. Asked about
hearing the defendant say he had Deen
drugged, he told of the mayor taking
to him about the occurrence and sald
the statement of the mayor was to the
effect that he. did not want to say ne
had been drugged, but that he meyer
had had one drink affect him like that
before.
Gray Is Target.
S T. Springer on the stand stated
that he heard of the saloon incident
in his office shortly after it happened.
He said John Gray. N. l.. Arrison anu
T. II. Picker were present with ms
father and himself, and that he heard
Gray say: ~.