Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-23
Defendant
NOW SEEKING
TO TURN CASE
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ton and after a time on the force re-
signed from the service. In answer to
q line of questions covered IN MS
cross-examination yesterday as 70
Pickler's administration being open
and the cid" of, the witness said u
was. Asked about the system OF hnes
and how collected in Pickler's admin.
istration, he answered that Chief OF
Police John Gray then collected the
fines, but that he was sometimes sent
by Gray to collect them. Questioned as
to the disposition made of the money
by Gray, he stated that he supposed
that the chief placed it in the safe and
then gave it over to the police judge,
e. G. Moon, but that it was not turned
over to the city treasury by Gray.
Thought They Paid.
Turning the light on the police
iudgeship of T. e. Kirby, the prosecu'
ton asked how these gambling houses
and bawdy houses were reached by
the police department as to arrests,
fines. etc. The witness said that each
month he filed an information. He salo
that he had not told Judge Mitchell on
REORGANIZATION that he (Gallagner)
quoted Judge Kirby as refusing to Is
sue informations, but that 1t was war
rants he did not issue. He said ne
thought that from May 1, 1907, until
January, 1908, Erbacher, Lane, Cloyd
and Lii. Dale paid monthly fines as
regular thing.
Made Easy Matter.
The Rosen murder matter then was
brought up by the line of questions
fired by Senator Cosson at the wit
ness, after Gallagher had stated that
the administration began to clean out
Smoky Row Immediately after the Ro.
sen murder in February, 1909. des-
cription of the denizens of Smoky ROW
was then brought out of the witness
b.. the prosecution and the witness
stated that they were as class low
down whites and blacks who claimed
to be working two or three days IN
week; that there were prostitutes and
gamblers there who were in Jail half
Of the time; that it was made easy to
clean out the Row at that time be-
cause no lawyer would take their case
nor anyone sign their appeal bond.
How Responsible.
Asked if Mayor Phillips was not ma.
terially responsible or to be credited
with cleaning out the Row, the witness
said he was. He was then asked why,
If the mayor was to be credited with
the responsibility Of cleaning the Ro~
at that time, was he not equally re-
sponsible for the conditions prevailing
during his administration previous to
that time, and was not public senti-
ment largely responsible for the mayor
md police cleaning out the place?
Lawyers Afraid.
The witness stated that public senti-
ment was an aid to the police In
cleaning out the place only in so far as
It made 1t very unpopular for any law
yer or bondsman to aid the criminals
of that place when the police ar
rested them, and that the police had
been just as eager to clean the place
previously, but when arresting any of
these characters from the row, they
met trouble through lawyers and
bondsmen aiding the criminals. He
stated that If beaten in the police
court, the lawyers would take an ap-
peal for the criminals or bad charac-
ters so arrested to the district court
and the case would never get to trial.
Open Town An Issue.
Turning the guns on the mayors al
legged intoxication, Senator Cosson
asked the witness If any of his police
men had ever reported finding the
mayor drunk, or If he ever heard OF
the mayor being drunk. The witness
answered that no such report had ever
been made to him by any officer and
that until the present case alluded to
In the charges filed he had never
heard the charge that the mayor had
been drunk. He was then asked
what he did while off the police force
and before he entered the service I'M
der Mayor Phillips and replied that he
was in the saloon business on West
Main street for two years, quitting the
business in March, 1907. He said the
mayor came there to his place solicit
Ing and that he thought he had seen
him drink beer there. In reply to a
question as to the issues in the cam
paisn of 1907 he said that the open
town" as against the cid on" was one
of the issues of the campaign. Chief
Gallagher admitted that he had been
Indicted for selling liquor to minor
while in the saloon business, and said
that he was forced to plead guilty to
avoid being enjoined. Later, he said,
Mayor Phillips appointed him chief OF
police. Asked if he had ever seen
the mayor intoxicated, or If the mayor
ever was intoxicated, he replied that
he never saw him SO, but did not know
If he ever had been. He said his fine
when indicted was $112.50, but that he
did not know how much was paid as
the case was settled and the attorney
fees paid.
Have Different Opinions.
Asked if there had ever been time
during the past two years when the
Baker house was not house OF as
signation, he replied that so far as he
knew it had not been and he did not
know that 1t Is now.
do you know that Lii Dale has
government license and that madames
avipo a o0vornmonf license gen.