Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-28
go around like a cur barking at ones
heels and stirring up trouble"
DUTY Of Police Officer.

60 around like cur barking at ones
heels and stirring up trouble"
Duty Of Police Officer.
Judge Mitchell said that recent
statute passed by the last general as
officers to file the information against
gambling houses and houles of IL
fame and other ,offenses and that II
doesn't say that it is the mayors duty
to file informations. He further de-
clared that the statute did not require
the mayor to file informations any
more than the governor. The mayor
can appoint his chief OF police, stated
the defendants attorney, and can re-
move him and that chief of police APP
point his officers who have rassed civil
service examinations and are recon-
mended by the board of police and
fire commissioners. The mayor can
not suspend a policeman as this must
be done by the board of police commits
sioners. The mayor can recommend
the dismissal Of an officer but any cit
izen has the right, said Attorney
Mitchell. The chief of police cannot
awaiting an investigation by the police
board and only in this indirect way, he
pointed out, has the mayor anything to
do with the police.
Judge Mitchell declared that the
chief Of police was directly answerable
to the law and pointed out the Council
Bluffs case. Instead of '.mping onto
the old mayor out there" declared
LAdge Mitchell, they jumped on the
chief OF police and removed him from
Office He declared that the mayor
had no more power to bring on GRIM
inal prosecutions than any ordinary
rit IN ri tn In HI i,>o \
houses Of i'll fame he cited two cases.
City of Charlton VS.. Barber and City Of
Mt. Pleasant VS.. Brazene which showed
that the city had no power to punish
person for gambling as 1t was in
conflict in the state law which made it
felony. Judge Willcockson at this
point said 1t was a serious proposition
and he had in mind whether or not the
law was retroactive.
Scores Attorney General.
BY the recent statute, meaning the
Cosson law. Judge Mitchell stated that
the attorney general was the grand
mogul and had ninety nine assistants,
one In every county in the state.
II will boldly say" Judge Mitchell
declared" that since January, 1908, no
city in the state of Iowa has had a
more efficient government than the
city Of Ottumwa." He stated that pre-.
naming Des Moines, Davenport, Du
buqua, Fort Madison and number of
others, conducted the city government
the same as In Ottumwa.
Mayor and Cosson Congenial.
One Of the features of the hearing
Of 7. J. Phillips on the charges pre-
ferred by the attorney general, was
the heart to heart manner Of cross ex-
animation yesterday afternoon be-
tween the defendant and Senator
George Cosson, author of the law I'M
Ter which the case is being tried, who
Is in charge Of the prosecution Of the
case. Let me call you George and
you BETTER said Mayor Phillips and
hus the we'll known senator from |
Audubon came to know one of the
Of the mayor. Prac-
ically the entire afternoon was given
TO the conclusion Of the direct testi-
mony and the cross examination OF
he defendant by Senator Cosson and |
At it's close, both were tired. Capt
W.. H. G. jacques and Elmer Miller, the |
after scavenger for the city, were
he only other witnesses heard in the
ession. So long and tedious was the
of the witnesses, that by
80 1t was not through and the court
served notice on the attorneys that he
would give them until Tuesday night
o finish their testimony and their
arguments. Judge Willcockson an
bounced that he was going home, hav-
ng concluded that the case had taken
eng enough to be finished by this
hoI oil.
eady been consumed. Adjournment
vas then ordered until 8 o'clock this
morning. All Of the witnesses told OF
he saloon episode and the testimony
# the mayor went further into the
ase, reviewing the evidence of many
# the defense's witnesses heard
arly in the trial
jacques and Miller.
Captain Jaques reviewed the saloon
rouble, telling what took place after
e arrived there. He proved diff
ult witness on cross examination
,hen he was asked to define drunk
nness and give an account of the
aayor's condition while he was pres
mt in the saloon. Elmer Miller told
+ seeing the mayor in the saloon
Ipril 80 and of asking Mayor Phillips
nd T. H. Picker to have drink with
i'm. saying that he was not sure
that the mayor drank and was not
ure he drank at all, but thought he
ad. He also said he heard John Gray
emark 81 am going to get the old
-.'' He told Mr.. King in the
blacksmith shop the story of the in
ident and supposed that the defense
card of it there, as he did not talk OF
he matter to the mayor or the at
orney until the day he testified. On
ross examination the witness said he
i'd not know what the mayor drank.
ut said later that it might have been
,hisky. He took whisky and supposed
hat Mr.. Picker took the same, but
ould not swear as to what the mayor
ook. He knew that Phillips was not
runk and did not think him under the
1f1uence of liquor and said that he
imself was not drunk, but had taken
erhaps two or three drinks that day.
lie said he thought the symptoms OF
were staggering about
nd loud talking. {
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