Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-28


| ify myself If after knowing the mayor
| as do for over thirty years, did not
come to his aid and do all In my power
to defend him against such charges as
these brought in this case"
cosson Raps Mitchell.
| In beginning his closing argument
Senator Cosson took occasion to pay
his respects to Judge Mitchell and
seemed to feel deeply the manner In
which Mr.. Mitchell had alluded to the
attorney generals. Office. He said:
while Mr.. McNett has been very
fair to me and my co-attorneys, Judge
Mitchell accuses the attorney gen.
erals office of being den where libel
i is dealt in and while ne was accusing
the attorney generals office, he
belched forth libel himself"
Referring to the Cosson law and the
method Of prosecution he stated that
the attorney generals Office would
rather the cases brought under the
| law be tried by the county attorney,
but that in this case the F.-vernor OF
the state had ordered in v-iting that
the attorney general prosecute the
case. He said:
eve admit that Mr.. Gray is no
friend of Mayor Phillips, but We did
! not use him as witness and cannot
pass over this inference against ex-
Mayor Pickler and Claude Myers, and
| agree with Mr. McNett when he
said that If Myers and Picker got the
mayor in there against his Will or on
a plot, the supreme court would hardly
hold against him. The mayor, how
ever, said on the stand that Picker
acted in good faith and said Myers
was his friend. resent the inference
against these men and the aspersions
against the governor"
Mayor Should Act.
He then referred to the illusions
made in the argument of Judge
Mitchell as to the governor and said
the law does not make the governor or
mayor a spy but that the governor
when he heard of prize fight In an
other and distant part of the state
called out the militia and prevented it.
He also said that when the mayor
hears of violations and knows of the
ordinances being violated, he should
act.
Strong Personality.
He further stated that he admitted
that the mayor had strong personal
ity and that he was more than the
average man, and that he had courage
and should be credited with fidelity
and zeal as to his duties in the street
and some other departments OF his
office. He said, however. the defend
ant was of blunt honesty, and should
be an example to the young man any,
where, but when it comes to drink
violations, he should stand as any
other official.
Where he stands for correcting
certain evils he is to be credited"
said Senator Cosson, "but where he
fails to do SO, he is equally respon-
sible"
He then cited number of author
tiles for the court as to the construc-
ton placed on intoxication as mis-
demeanor by the. code and the ord1-
nances and said that personally ne
would not be inclined to bring a case
in the face of an administration where
the mayor had tried to make the con-
ditions better but that he was ordered
by the attorney general to do SO and
had no volition in the matter. He de-
clared that it seemed to him that the
police were none too diligent. He re-
called the testimony of H. d. Judd a.
few days ago that gambling was con-
Quoted down town, and said the police
raided two places, finding one place
vacant and the other with the goods,
and both places public where people
pass frequently.
A Misdemeanor.
He stated that the mayor admitted
to having known that pool and bill
lizards were played for the treats or
to see who would pay for the game
and the supreme court has held that
this is gambling. "Now that the mayor
is trying to do better, we grant, SAID
he, "but he is far from being perfect
The court asked the prosecutor II he
contended that finding the mayor
guilty on the charge of playing pool to
see who would pay for 1t, or OF
knowledge Of such games, or as to his
knowing of dice shaking for cigars
would be sufficient on which to base
an custer He was told by Senator
Cosson that it had been held many
times by the supreme court that play
ing to see who paid was gambling and
that gambling was misdemeanor
From Senator Cosson's statement OF
the high courts ruling, 1t was shown
that even the operation of billiard and
pool halls was in violation Of the law.
Reelection Not Possible.
The author of the law took up the
measure and compared 1t with the law
that was repealed at the time the Cos
son law was enacted and showed
wherein different sections of the word
ing were identical, IL not in actual
words in the general meaning Of them.
Misconduct and maladministration as
shown in both the old and the newly
enacted measures were shown to be
identical and this Is one of the sec
lions Of the law on which the state ex-
poets to GUST the mayor. Reading
further in case cited that dealt with
similar proceeding, the states at
torney said that reelection does not
condone the offense and that 1t does
not look to the present term but the
fact that the defendant is still in office.
He said that the grounds for removal
in the old law are the grounds for re-