Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-01-25
Opposition to Poll Books
Was First Resistance
Shown by Drys in Morn
ing Hearing of Case.
TESTIMONY GIVEN
AS TO CHARACTER
Vets Show Reputation OF
Solicitors by Witnesses; !;
Specific Challenges Taken
up This Afternoon.

The appeal from the decision OF the
hoard of supervisors in the saloon con-
sent petition matter is in progress be-
fore Judge D. M. Anderson in the
Wapello county district court All In
dications at the morning session POM.
ed to one of the bitterest litigatlons
ever heard in the local court. me Poll
books used at the last general elec-
tion; formed the center OF attack os
the drys this morning, and the eV'-
dence of reputation Of saloon consent
petition solicitors is being vigorously
resisted this afternoon.
J.. J. Smith presented the opening
statement for the vets, ana =. w:
Whitmore responded. on the part Oh
the drys. Mr.. Whitmore enumerated
the objections and challenges tnat
would be prosecuted. promising not
fight on every allegation made by the
drys before the board OF supervisors
and filed later with the district court
Particular reference was made to l..
A. Mongerson, against whom the ale
cation is made that he is not reput-
able person Mr.. Whitmore hlnted tnat
additional charges would be maze
against Mongerson. .gas. = ..si,s5s
at, &C.. Williams was introduced by
the vets this morning to give prlma
facie evidence establishing the repu-
tat,on of some fifteen saloon consent
petition circulators. In only a few
instances was Mr.. Whitmore cross
examined. ,gl< I. .~
The vets. rested their. case at 2:2O
and the absence of any witnesses Tor
the drys made it. necessary for the
counsel to proceed with the speciflc
challenges of names on the petition
by the drys.
No witnesses will be heard until
Saturday morning.
Attorney Whitmore then read to the
court the challenges on the grounds
OF withdrawals signed on Sunday and
before and after the thirty days and
also for duplicates. W..
The Opening Arguments.
Attorney J. J. Smith in his opening
statement said: II have no statement
to make except to say that the peti-
ton of consent is signed by majority
OF voters at the last general election.
Attorney Whitmore asked the court
to rule all witnesses out OF the court
room. This was done. Mr.. Whitmore
gthen proceeded with his opening state
ment. He reviewed the history OF the
filing of the saloon petition and the
deliberations before the board OF
Supervisors. He said the saloon petit
tion had an apparent majority of ?53
signatures. The attorney gave an out
line of what signatures the drys ex-
pect to prove defective. This briefly
follows: w.. 3
Some 303 withdrawals of signatures.
Six names forged. .
Some names signed after or before
the thirty days the. petition was circu'
lated.
Several names not corresponding to
names on poll books.
Some signatures of voters who do
not live here now.
Two signatures of dead men.
All signatures returned by l.. A.
Mongerson on the ground that he is
not reputable.
Names returned by Kitto and Wyatt
on the same challenge.
All names secured by Louie Schaub
on the ground that he is not reputable
IN LudG uS udo DOOA SoAA J AAS VA @AAS
. unlawful sale of liquor and names re-
turned by twenty other solicitors who
were paid. ~,
The counsel for the drys reserve the
right to challenge names secured by
Leroy Hill later. ... ). ...
Mistaken About Wyatt.
Attorney Whitmore in referring to
the allegations against John T. Wyatt
remarked that he understood that
there was mistake about the Wyatt
accused. He said it was not the desire
OF the drys to do an injustice to any
man and that it would develop in the
trial which Wyatt was meant @..
In referring to Mongerson, Mr.. Whit
more said the drys would prove that
he was charged by his wife in a di-
vorce petition with being cruel and
inhuman and that Judge Hunter
issued restraining order against
Mongerson at the prayer of his wife.
Attorney Whitmore said that the SUI
preme court had ruled that names on
saloon petitions shall be identical to
those on the poll list and that oral
testimony could not be presented to
establish the correctness of any name.
Mr.. Whitmore announced that no
challenges would be made to other
fCnrtirI,ea Page