Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-21

with john Gray W6nC 10 Gull UPON ulAh
and there was told that the Office
wanted, that of chief of police or de-
tective in plain clothes, was promised
as far as Phillips had the power.
Prize Fight Blocked.
Asked If the stopping by the defend
ant and his chief Of police Of prize
fight that was promoted by Jim Gray
to be held In the opera house, was not
responsible for the luminosity between
the defendant and John Gray the wit
ness answered he did not know and
that he knew practically nothing about
the prize fight or whether it was adj
vertised or not.
"All I knew about the feeling of Jim
Gray and the defendant through the
prize fight incident" said Mr.. Picker
was when, Jim Gray one evening IN
passing my home stopped and told me
that the mayor had promised to let
him pull the fight off and then with
drew his consent" The witness, con-
tinuing. said that Gray had told him
he had gone to Davenport and arrang-
ed for the fight and lost sum of
money through the withdrawal and
that he was very, very mad about it.
Judge Mitchell asked him If the de-
the right to put money slot machines
in saloons, did not make bad feeling
between the Grays and Phillips, the
witness answered that the slot ma
chimes were taken out six months be-
fore he left the office of mayor and did
not know about the question which the
counsel asked.
Speak Right 10.
Returning again to the saloon Incl
dent Judge Mitchell asked the witness
If he noticed at any other time on
April 80 whether the defendant was
under the influence of liquor and was
told that during the afternoon in the
committee meeting at which the
Sheriff jackson case was being dis
cussed, some Of the boys said "the old
gentleman is feeling pretty good"
When asked if he did not know Mr..
Phillips to be man Of quick temper,
the witness said mo" He stated how
ever, that the defendant would speak
his sentiments without fear. Asked II
q man calling the defendant q liar
would not likely have a fight on his
hands, the witness said that the de-
PENDANT would speak up quick. If he
disagreed and tell his side Of the ques
ton, He was asked If Gray was mad
when he spoke to the witness after the
saloon incident and the witness an
swered yes"
Harry Shreeves and w A. Whitney
testified along similar lines as that
given by Mr.. P1ckler. l. p. Spainhower
stated that he had seen the mayor
drunk about Christmas time near the
EIks building. w. H. Heating testl-
field that he saw the defendant intox-
icated on April 80 near the corner OF
Market and SECOND streets that the
mayor was Keeling from one side OF
the street to the other.
Court Overrules Motion.
Judge Willcockson arrived from
Sigourney about 10 o'clock this morn
ing and opened court at TO-: 80 o'clock.
The first thing done was the Offering
by Attorney Nc Nett for the defense,
of motion to strike from the amen
ded petition Of the prosecution several
paragraphs on the grounds that 1!.ey
were not in keeping with the rulirG OF
the caurt made yesterday, and they
were too general and not specific
the latter in particular as to time
of happening The section alluded to
referred to Rem Lanes alleged agree
ment with the defendant, the para
graph pertaining to pool and billiard
halls and houses Of prostitution. The
same general objection was made to
all. To this Senator Cosson and At
torney J. Fletcher replied that the
latter portion Of the amended petition
stated more specifically and covered
the ruling of the court in the matter.
The court overruled the motion to
strike and Attorney McNett took ex-
ception as to each particular para
graph touching upon his objection, the
reporter making record of the same.
In speaking for his objection Attorney
McNett stated: 1--WE do not want the
petition to serve as drag net large
enough to catch a whale when but an
eel is sought We cannot r AXE a de-
Tense for our client If so general a
charge Is made with no more specific
statement to guide us. Senator "osson
said that his object in making the
paragraphs read as objected to, was
to permit the development of testi-
mony that might be brought out later,
although specific knowledge of 1t
does not now exist. The court as
sured the defense that as such mat
tiers came up the defendant would be
given ample time to prepare a de-
Tense If it took an adjournment of
court to provide it or consumed the
entire vacation term.
TWenty-Three Witnesses. a
: The prosecutor has had subpoenas
for twenty-three witnesses, most OF
whom, If not all, have been served
the court papers and will be on
hand to supply evidence in the hear
ing. The persons subpoenaed or for
whom subpoenas have been issued
are:
T. H. Picker, Harry Shreeve, w. H.
Heating, w. ]. Crosby, w. A. Derby,
E. F. Lowry, w. w. Jackson, Levi
Jackson, Abe Jackson, o. L. Shadford,
Rem Lane, L. L. Swenson, Lem Oar
ner, Mr.. and Mrs. Charles Gage, /. l..
Spainhower, w. A. Whitney, Charles
Kohl, J. M. Jones, Charles Allen, Lloyd
L. Duke, Charles Chiffon, ]. w. Tel
fer.
The Amended Petition.
The amended petition complying
with the ruling OF the court yesterday
was filed this morning and
IN THE DISTRICT COURT OF, IN,
AND FOR WAPELLO CO., IOWA.
Amendment to Plaintiffs Petition.
N4zA