Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-04-11
Court Sustained Resistance
Of Drys When a Contin-
uance Was Asked For on
Account Of Illness.
SENATOR SMITH
SCORES WHITMORE
Attorney for Drys Says
Captain Jaques Was Put
to Bed and Is Called to
Account by Vets Counsel

81 am very sorry to hear at this time
Of the illness Of Captain Jaques. How
ever. believe the counsel present in
the case are competent to protect the
Interests of their clients, and I over
rule the motion Of the proponent for a
continuance"
with the utterance of this ruling.
following the reading Of divers afnda-
Wits. and listening to arguments by the
counsel on both sides Of the mucn ar
eued saloon petition matter, Judge ..
". yermilion this afternoon gave the
drys the second victory in the contro-
sversy. The case was opened about 2
o'clock and it was prefaced by a moss
Interesting as we'll as q most dramatlc
scene, wherein the imputation OF PAD
faith by c. w. Whitmore. OF counsei
fer the drys, was roundly scored Dy
senator Smith, Of counsel Tor tne
vets. The, fight was bitter while ~ II
lasted, and the opposing counsel fougnt
every inch Of the way.
The fight was made over q motion
lor q continuance Of the case for 9
month on account Of the sudden illness
YESTERDAY OF Captain w. II. G. Jaques.
who with Senator Smith, represent the
saloon interests. Affidavits were read
nv Doctors A. o. Williams and ]. 9.
Rox. In which one stated the captain
will not be able to resume the case 1or
twenty days. while the other says one
month. and both advise him to go TO
sanitarium for complete rest Tor ten
days. The physicians stated that ne
Mad a fever Of 1O3 degrees yesterday
afternoon and DR.. Williams states that
the attorney is suffering from malarial
fever. Afidavits from Captain ana 20
r. Jaques state that the attorney was
suffering severe pains In the SIDE ana
that hot water bottle had been nee
essary to allay the sufferings OF the
patient. -,
ATTORNEY J. J. Smith states In his
affidavit that the case was entirely IN
the hands Of Captain Jaques and 10 Il.
Jaoues, which was corroborated by an
affidayit from the members OF the
Jauues Arm, and Senator Smith stated
that he is entirely unable to proceed
with the case in justice to his clients.
whItmore Makes Statement.
Attorney Whitmore in resisting the
motion for continuance. filed an
amendment asking for finding OF the
Facts. Upon the conclusion OF the read
ing OF his resistance and the afhdav1t
Of Attorney G.. L. Gillies, Mr.. WHIT
more in his argument stated that the
sickness Of Captain Jaques was merely
q rnse and subterfuge with the intent
to delay the hearing.
oaThey put the captain in bed and ap-
plied a hot water bottle In order to
raise his temperature, and It seems to
me- that the application Of hot water
hottie to fever patient is unusual
treatment" said Mr.. Whitmore, who
argued to the court that aside IRON
Captain Jaques, there were 10. n.
Jaoues, Ernest Mitchell and Senator J.
4 Smith engaged actively each day
That the canvass of the saloon petltlon
was made before the board OF super
visors. These, hemaintained, were the
attorneys active In the case, and that
Captain Jaques was seldom present,
and he urged the court not to permit
a delay because Of the illness OF Cap
tain Jaques, saying that Captain
Jaoues was an old man, nearly seventy
Years Of age, and often was respon-
sible for delaying cases through ILL
ness.
Attorney Ernest Mitchell stated to
the court that he was not engaged in
the case at any time as an attorney.
nor that he is now of record as an at
torney in the case.
s3 Scores Whitmore.
senator Smith took occasion to
answer the imputation of Attorney
Whitmore that Captain Jaques was
merely feigning and with impassioned
zones scored the counsel for the op-
position by saying:
ain all Of the years that l have
practiced law before the bar Of Wa
nello county, this is the first time
that I have ever heard anyone ques-
tion the honor of Captain Jaques and
impute to him motives such as the
counsel for the opposition The words
of the attorney just uttered are .un-
worthy OF him We attorneys of this
bar have recognized each other as
gentlemen OF honor and such an i'm
mutation to the character of Captain
.Iadues Is unworthy of the man who
wonld utter it. We did not take the
(Continued on Page 3D.