Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-04-25
TESTIMONY is
NOW COMPLETED
HARD-FOUGHT LIQUOR CASE
REACHES ITS CLOSE AFTER
LONG BATTLE.
RESTS AT 8 O'CLOCK
Eiuht Witnesses on Stand in Closing
Session and Drys Move to
Strike Out Poll Books
Of City.

The long drawn out saloon petition
hearing came to a temporary conclu
sion yesterday afternoon ABOUT :
o'clock when the counsel for ootl
sides rested their case. This applies
to the evidence only and does not re
fer to the arguments nor the work u
the counsel in the case which Will oe
much and trying between the resting
OF the case and the presentation or the
argument. The oral arguments VIII
nrobably be made next Saturday al
though the names and evidence gen
orally will be compiled in detail Dy
the counsel and the court will be ask
ed to pass on each name individually
in making it's finding There were
eight witnesses heard during the CLOS
ing session yesterday afternoon ana
these were finished by 8 o'clock. At
the close Of the testimony owing to
one of the witnesses subpoenaed by
the vets not being present, Attorney
10 Jaoues read into the record and
was seconded by the counsel for the
drys. the statement, 1T is conceded
that r. w. Santen If present in the
court would testify that he saw George
Gable and Harry Perkens make the
mark on the petition alongside their
respective names"
Attorney ]. J. Smith then called at
tention to the court that 1t had not
been conceded that Ottumwa was a
city of more than 5000 inhabitants.
and upon the concession being made
by the drys, it was read in the record
as follows:
ut is conceded that the city of Of
to al ~ <
habitants and the number of votes
cast at the election Of 1908 was 4,465,
the majority of which is 1888.
Motion to Strike.
Following the reading Of the con
cession into the record, Attorney 10
Jaoues stated that the vets rested
their case and the following motion
was made by Attorney Chester W.
Whitmore for the drys:
at is moved to strike all Of the evil
dence as submitted by the city poll
books, the alphabetical list and reg
istration, because the law requires
that the names must correspond with
the county poll list only.
at is held that the statement is in.
sufficient because the official notice OF
the canvass of the statement was not
made and proven ten days prior to the
canvass of the statement as required
by law and because the board OF super
visors was without jurisdiction In the
case, and further because Cheadle q
Silvers through recent decision OF
the supreme court were found guilty OF
a violation of the liquor laws In the
kirkland VS.. Cheadle, and the Mills VS..
Silvers case.
"And for the further reason that the
Moon law doesn't permit any one SO
convicted to again sell intoxicating
liquors for the period of five years
from the date Of conviction or 1njunc-
tion."
At the termination of the motion,
Mr.. Whitmore stated that the case
! rested.
Eight Take the Stand.
The afternoon session was much the
same as that Of the morning. Eight
witnesses appeared and testified as
to the character of George E. Taylor
and Charles Hallgren, and to the wit
Messing of marks on certain sigma
lures. The testimony given during
the session was as follows:
John W. Scott on the stand said he
knew George E. Taylor in Oskaloosa
and while in Ottumwa and that he is
q reputable person. He also said he
knew Chas. Hallgren for seven or
eight years and that his general repu-
tation is good. John Smith, son OF
Barney Smith, Pete Anderson and
Swan Anderson said that he was of
good character said the witness. He
also said If it was true that Mr.. Tay-
lor took the name of another on the
petition while the latter was away, it
would make difference in his opin-
ion.
DR.. A. H. Peterson said he had been
the physician to the board of health
for two years. He said he knew Chas.
Hallgren and that he bears good rep
utation. He said if saloon keeper op-