Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1916-1918, 1917-08-24
CouRT SAYS
LEENY May
KEEP PLACE
Quick Decision at Close Of
| Custer Case Is In Favor
Of Ottumwa's Mayor
I Judge Says It Looks Like
Getty Hall Fight" to Him.
MENEFEE DENIES
| IS /. w. w. MEMBER

lO i. W. W. NAGVAO1A'
Three resolutions were offered
! In the city council this afternoon
! In a special meeting called at
O'clock. The first accepted the
resignation Of L. L. Duke as solici-
tor, the second appointed J. A.
Lowenberq 40 Dukes successor
and the third terminated the SER
vices Of M. C. Gilmore as assistant
In any cases that he has been en-
pIoyed to assist the solicitor.
Mayor Leeny moved the adop-
fion Of each and Commissioners
Phillips and Menefee offered no
objections, the three votes being
unanimous.
The custer proceeding case against
Mayor Pat Leeny, which has been in
progress here before District Judge M
ID. Hutchison Of Lake City, special jur-
lst, for the past three days, was dis
missesl at $40 o'clock last evening
Ind .e defendant discharged.
Following on the heels Of the court 8
necision Of last evening came the
I destination of City Solicitor l.. l.. Duke
i which was handed the commissioners
Today.
Both sides rested at $3.50 o'clock and
1t $50 Counsel Carter for the state
Ind 10 Jaques for the defendant had
eompleted their arguments and the
base was submitted to the court.
MAKES ORAL DECISION.
Judge Hutchison gave an oral dec1-
bion at once, saying tn part:
There are two principal charges IN
,lhis case. One is of alleged corrup-
Non. The defendant is charged with
hpHiRMi M xaid hee,g2s.la recelxa xs:oee
Z kroru q certain paving concern II the
bity would give them large contract
Ind 20 have offered the city solicitor
b1,50o II he would influence the other
commissioners to vote for It.
This Ia a serious charge, In fact
lhe most serious preferred. II thing
bf thtcj kind is true 1t Is reprehensible
Ind without any doubt, in a matter OF
That sort. court would not think OF
doing otherwise than removing the de-
eendant from ONCE
LACKS coRRoBoRATloN.
| snow. this allegation is supported
by the testimony Of the city solicitor
End denied by the defendant There
hre no attending circumstances con-
nected with the offer and with lack
bf ANYTHING to corroborate the testi-
hoony given by Duke the court could
hot do otherwise than 70 hesitate.
.sNot shaken by the effort to i'm
peach. 1t is still hard for the court to
6nd from the states claim on one side
Ind the defendant denying on the
other that this allegation is establish
id by the preponderance Of evidence
Ihe supreme court Of Iowa has de-
cided must be there in cases Of this
kind.
"In view OF the seriousness. OF the
hharge, in this sort Of cases. the evil
ence must be clear and convincing.
CALLS IT CITY HALL FIGHT.
"This is an unfortunate state Of af-
IAirs for the city Of Ottumwa. I came
here without knowledge Of the cir
eumstances: I knew nothing Of the sit
hatit,n. From the record In this case,
made at this trial, am inclined to be-
lieve that this whole business is a
Acity hall fight
: II don't know how the people Of this
kown feel about the mater and. as far
ks the decision is concerned. 1t is I'm
Important that should know. must
hot be Influenced by sentiment and
want to give Justice to this man and
10 this community.
LACKS EVIDENCE TO CONVICT.
"The testimony. introduced in this
-case, is, in the opinion of the court
when simmered down to the point that
bears to the charges made. somewhat
meager. do not find this evidence Of
kuch nature, considering all the cir
eumstances, as warrants me to hnd
! ly.s man guilty of wilful misconduct
| knd malfeasance in office.
~ am inclined to think that this
eity's officers watch public sentiment
more than they do the right or wrong
pf thing.
at may be that Mayor Leeny IS
kuilty but the evidence in this case
Hoes not establish the fact by a pre-
honderance of evidence as the law re-
Suires.
h Relations between the mayor and
HE chief Of police we're shown to be
intimate there would be no reason for
ealling in third party to carry out In
btructions.
JUDGE RAps PHILLIPS.
"There were many things about
7 commissioner Phillips on the stand
xhich stamped him as a truthful man
but his inclination. heretofore, seems
10 have been to wink at law violators
81 think that there are hard feelings
among the commissioners and the mo.
tives back of them all are not always
the motives that should prompt the do
ing Of thing only for public good
'I am not giving the defendant
certificate of character but the evil
dence In this case falls short of that
lContinusd on Jage 81