Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-02-01
JUDGE D. NJ. ANDERSON will
MAKES RULING ON SALOON
CASE SOON.
ENDED THURSDAY
Arouments Of Attorneys in the Bitterly
Waoed Petition Litigation was
Completed at 4:44 r W.
Yesterday.

a week. ms was tAo -. ~,
made by Judge D. NJ Anderson q. "a.
close of the arguments yesteluay
afternoon at 4:44 O'Clock. Inc .ila.,
wbiclf,has been in progress slnce 100 go
Friday morning, resulted IN some. lVS
witnesses being - examined a4u
seventy-five Exhibits being placed ~
evidence. The action was one ol ny
most bitterly fought liquor lltlsatio 9ir
aver heard in the Wapello county ais
trict court. Attorneys on each slue
made efforts to expedite the heari .l
and the efforts of the court anu t.e
numerous attaches to hurry the case
along was made "A, matter or 1aVoiao'e
comment by the opposing lawyers.
The arguments yesterday afternoon
consisted of lengthy discussion oy
ATTORNEY ], J. Smith for the vets ana
an hours address to the court py A.
torney G. L. Gillies for the DTS Al
iorney 10 -Jaques consumed me re-
,nainina time of the three hours az
iotted' each side with a brief argument
~ challenges not conceded by the
proponents.
Attorney Smith in his argument
first took up the challenge OF tne
names of voters signed IN the tniau
and fourth wards. He said that ~ ~as
nerfectly legitimate for voters VI 'ne
CITY to serve as judges ana clerAs' ~
withstanding they were not Ihe iuSn
Amounted by the supervisors OF lns
c;ty co,1ncfl,; In referring to the poll
hooks the ATTORNEY declared that those
,,sed nv; the board Of supervisors III
canvassing the last general election
we're the ones used in the petltion
trial and they were recognized as the
official books of all the wards OF the
city CIT. is inconsistent" said he, LOT
the opponents to say that the thlro
and fourth ward 3 poll books are IN
competent. when they count the
votes recorded thereon in ascertain
inc Tho total vote sof the city. If they
do NOT ,wantstoscount the votes cast IN
thoso wards we are perfectly willing
that they shall not be consloereu: ~.
If the signers are not counted, nei.p g
should the total vote be cons1deIeu' -.
the Waterloo case the circumstance,
were entirely different. There tue pun
hook was not returned to the proper
official and certified until atter tle
petitionp canvass had been conll'e'eu
by the supervisors. ,s3,Z 4, 4;
In referring to the identity OF names
the attorney said that al cases
praviously adjudicated touched laIge-
lyj:on the initials of a man and not me
last name. He said the purpose OF the ,s
law was to determine by tne poil
books whether or not the slgner OF INC
netition was a voter. IF. w. a. Cory
vas on the petition" said ne, ana
w,,IW. Cory was on the poll DOCK, OF
course the, signature should not count
1,,sqF in the case of w. w. Cory on
thXSuetition and w. w. Corey as signed
hyslsome election clerk, there is NO.
question, but that it is the same man; !,
siBhe. attprney referred to the poil
hooks as the sole and exclusive EVIL
dence to determine who; are entitled
to sign thes consent petition, saying IN
the case of. Harmed and Elklns, no"
dead, and those signers who have re-
moved from the city, that the statute
saws nothing about deceased slgners
or those moving from the city. He also
stated that the fact that some o. the
signers have removed from the CITY
does not make it positive that they
EXPECT to make their permanent nome
elsewhere. "If the court sustalns the
stand of the opponents SAID the at,
torney, "the names of the men shoulo
not be counted in determining the
total vote of the city"
h The Question of Forgery.
Touching on the matter OF reputa-
tion of some of the canvassers Mr.:
Smith said that ]. H.. Genochlo ala
nothing that could be construed as
forgery. &C. E. Kendall" said the at
torney. testified on the stand as nav
inc. signed for Mr.. Genochio as resi-
dent Of the sixth ward and the
solicitor made a mistake In putting
the ward in as the first. There is no
foundation for the charge of forgery.
The same is true in the case or Ernest
navis who secured the signature OF
w. III. Scott. Mr., Scott was largely at
fault in this, for he looked In the poll
book and put his name down as Young
in the second instead OF the thiro
ward. The charge is made tnat Jonh
Mcclure uttered forgery. mere IS
no more upright and honest and nonor-
able citizen in Ottumwa than Mr.. NC
G11ire. and he was simply imposed
,,non by some man who represented
himself to be W. W. Brakeman. NC
Guire's testimony was corroborated ny
another man. The Owens case is an
other. This old colored man SAID ne
signed the petition for Mr.. Alderdlce.
The charge against W. S. wilson
was then taken up by the attorney,
who said the MILFORD case IN the
Waterloo decision was not in the least
3 parallel. MILFORD, he said, was shown
to have changed several signatures
while Wilson in moment OF thought
lessness. signed as a witness when ne
lid not actually see the name signed.
Mr., Smith could not agree with Mr..
Whitmore in the latter's statement
that the court should believe Everett
Humble in the face Of the testimony
against him. "Not one man said Mr.
Smith, has been secured TO say Il
good word for his character The testl-
mony of Mongerson alone should De
sufficient to counteract anything that
Humble said, but we had Ralph Blount,
George Gessley and William Hendricks
70 support the evidence of Mongerson,
and they ask why we did not bring in
Art Postlewait and Harry Leonard.