Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-19
ATTORNEY GENERALS OFFICE
MUST FURNISH "A SPECIFIC
STATEMENT AS TO Accus%
TIoNs AGAINST MAYOR.
N ITCHELL MADE
OPENING ARGUMENT
SENATOR GEORGE cossoN RI.
sIsTs MOVE BY DEFENDANTS
ATTORNEY, BUT COURT Up
HOLDS MOST or REQUESTS.

=. stAioS IAc pSLlllCu A OF Inc
state OF Iowa ex rel, II. w. Byers VS..
4. !. Philips. Is not sufficiently ex.
pllcit IN it's charges against Ottumwa'sS
mayor Judge ], G. Mitchell, one OF the
counsel for the defendant, this morn
Ing opened the Phillips custer case,
which promises SO much interest, not
only in Ottumwa, but throughout the
state. A mere handful OF persons, num-
bering no more than half a dozen,
We're assembled as spectators during
the opening of the trial Judge X. II,
Willcockson and Reporter J. Farrell
Bray OF Sigourney arrived this morn.
Ing on the Milwaukee at 10 O'Clock
and the case was begun at t11.15.
After hearing the arguments and
the answers. the court took short re.
cess and at 2:25 o'clock this afternoon
returned with the announcement that
the defendants motion for more spe,
chic statement was sustained In practt
cally every paragraph.
Tho Courts Ruling.
The ruling Of the court was as fol-
lows: X
That the relator state iiii what par
ticular duties Of the Office OF mayor
the defendant wilfully and habitually
neglected or refused to perform.
To state wherein defendant has
been guilty OF corruption In office and
the particular acts If any, committed
What saloons and where located
which the defendant permitted to bs
kept open after 10 p. M, If any.
What particular election or holidays
did the defendant permit the saloons
TO sell intoxicating liquors, and the
names Of minors, driinkards and other
prohibited persons to whom liquor
was sold If known to relator.
To state the location Of places iii
the city where the defendant per-
mitted gambling houses I'd be kept or
operated with his knowledge or
gambling houses where the defendant
refused or neglected to prosecute or
caused to he prosecuted and tho
names of the persons If known to tho
relator who kept and operated said
gambling houses II any And also to
state the names of the persons whom
defendant licensed, permitted and
authorized to operate gambling houses
in said city II known to the relator
and state names Of games OF chance II
known to the relator that defendant
licensed, authorized or permitted to be
played for money or other yaluablns
In the city.
The location Of pool and billi,
halls operated during the term OF |; 6
flee Of the defendant, where minors
were allowed to frequently resort and
play the games, the keepers names
that the defendant failed or refused to
prosecute.
To state the location Of the houses
and the names Of those operating
houses OF i'll fame.
AS to all other matters For more
specific statement in defendants mo.
tion, the same are hereby overruled.
and the defendant excepts and as to
the matters sustained the reiator ex.
cepts.
K. e. Willcockson. Judge.
Wants More Information.
Judge Mitchell opened the hearing
by speaking at great length on the mo-
tion of the defense for more specific
statement from the plaintiff, whose Pc
tition, 1t is claimed by Judge Mitchell,
deals not with facts SO much as with
a conclusion Of law. Unless the prose-
cution shows us something specific"
said Judge Mitchell: unless he tells
the defendant when he was and where
he was intoxicated; what official duties
are claimed to have been neglected
and when and where, and how often
and on what date or dates, our client
will be at loss to prepare defense.
1t will be impossible to take account
OF all the days Of his administration
on which saloons operated under the
mulct law and find out which of those
and how many may have kept open
after 10 o'clock at night, and who the
minors were who entered them. The
same may be said as to the general
charges and am sure that the attor-
ney general must know the specific
times and persons alluded to in the
charges filed, but unless the defendant
lis made acquainted with this knowl-
edge he is at loss to make any de-
fense."
Asks For Precise Nature.
Several cases were read by Judge
Mitchell in his plea for more specific
(COufinuad IN napa ~