Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-07-12
slGc i RNEY JuRisT SELECTED BY
COUNSEL TO SIT IN CUSTER
PlRocEE DiNas INsTITUTED
AGAINST orTuMWA's MAYOR.
TRIAL is TO BEGIN
ON MONDAY JULY I8
OWING TO JUDGE ROBERTS RE-
FusAL TO HEAR CASE. POST
PoNEMENT NECESSARY TO Sc.
CURE SUBSTITUTE.


court sits on the case of State of Iowa
ex rel H. w. Byers vs.. 7. y. Phillips, in
which the ousting of the mayor OF OF,
tumwa is being sought through the
office of the attorney general. BY
gentlemen's agreement between the
opposing counsel, an answer will be
filed by the defense with the clerk OF
the supreme court and with it stlpu'
lation in which both sides agree upon
Judge K. e. Willcockson of the sixth
judicial district at Sigourney, and de-
sire his appointment by the supreme
court to hear the case. The court ad-
iourned for luncheon at 11:25 and re.
convened at 2 p. M, for the filing OF
the answer and stipulation. The case
is being tried by Attorneys Senator
George Cosson and John Fletcher OF
the attorney-generals Office with Sum
iler Siberell of this city assisting.
William McNett and Judge j. q.
Mitchell have charge of the defense.
Attorney Fletcher did not arrive until
the morning session today was nearly
completed.
Roberts: Hac4ines. 4.
Upon opening court at 10 o'clock
this morning Judge M. "A. Roberts ad-
dressed the counsel in the Phillips
custer proceedings in which he de-
clined to hear the case. He stated
that he felt as if the Judge in such
q case should be other than local
jurist sitting on the bench Of the dis
trict: that during the progress of the
hearing some matters might arise that
his acquaintance with would not
seem fair to the case He stated that
in this case he felt he should be just
as juryman who rather than sit in a
case of which he had some knowl-
edge, would prefer to decline. He
thanked both sides to the case for
their confidence in him expressed by
their willingness that he hear the
case.
Upon the suggestion of Judge Rob-
erts Attorneys Ccsson and Siberell for
the state with McNett and Judge
Mitchell for the defendant, retired to
the room Of Judge Roberts to try to
decide upon Judge to hear the case
Want Wlllcockson.
The counsel left the court room
within few minutes after the open
Ing OF court by Judge Roberts and
went into conference to decide upon a
Judge to hear the case. 1t was II: Is
before they returned to the court room
and announced their plan of action as
stated above, the filing Of an answer
and applying for Judge K. e. Willcock-
eon Of Sigourney to hear the case In
naming specific Judge who will meet
the wishes Of both sides and who is
entirely out of the district and hence
unfamiliar with the case, 1t was
thought that an aid would thereby be
given the supreme court in the ap-
pointment which they hoped would be
mandatory thus making refusal to
sit unlikely. The time for the hear
ing was discussed and preference by
all was stated as Monday, July 18.
Action Began May 1s.
The original filing of complaint
with Gov. B. F. Carroll took place May
13. when that official directed the at
torney generals Office to begin pro-
ceedings against Mayor T. j. Phillips.
June 2S the papers were forwarded by
Attorney General S. H. Byers to Judge
M. A. Roberts and filed by the latter
with Clerk George Phillips in the dis
trict court, the date of hearing being
nxed at July IL. The petition filed
was quite voluminous and contained
some fifteen charges against the Off
cial asking that he be removed from
office and that the Office be declared
vacant.
File Motion To-day.
A motion for more specific state
ment was filed this morning with
Clerk George Phillips In which the
petition Of the attorney general was
taken by paragraph and specific
statement as to names. dates, ETC., OF
alleged violations by Mayor T. ]. Phil
lips was asked. The matters in which
the defense claimed the petition lack
ed sufficient OF the specific were the
following paragraphs:
First-What particular duties of his
Office did the defendant neglect or re-
fuse to do, and on what dates?
Sixth When defendant was guilty
~ oor1-r n}ion in Off7ca what narfjc,11a r.