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Vi'.f)'1 '?:•..KU.US- Rl\ .? f'V 1H" «fc I I I 1' I I t".{ 1 r: jnjg Old Phone 251-Red New Phone 664 No. 209£11 West Main 8treet. TESTIMONY IS NOW COMPLEtED HARD-FOUGHT LIQUOR CASE REACHES ITS CLOSE AFTER LONG BATTLE. RESTS AT 3 O'CLOCK Eight 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 a o'clock when the counsel for both sides rested their case. This applies to the evidence only and does not re fer to the arguments nor the work or the counsel in the case which will je much and trying between the resting of the case and the presentation of the argument. The oral arguments will probably be made next Saturday al though the names and evidence gen erally will be compiled in detail by the counsel and the court will be ask ed to pass on each name Individually In making its finding. There were eight witnesses heard during the clos ing session yesterday afternoon and these were finished by 3 o'clock. At the close of the testimony owing to one of the witnesses subpoenaed by the wets not being present, Attorney Jo Jaques read into the record and was seconded by the counsel for the drys, the statement, "It is conceded that T. 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. J. Smith then called at tention to the court that it had not been conceded that Ottumwa was a city of more than 5,000 inhabitants, and upon the concession being made by the drys, it was read in the record as follows: "It is conceded that the city of Ot tumwa is a city of more than 5,000 in habitants and the number of votes cast at the election of 1908 was 4,465, the majority of which is 2,233." Motion to Strike. following the reading of the con cession into the record, Attoijney Jo Jaques stated that the wets rested their case and the following motion was made by Attorney Chester W. Whitmore for the drys: •"It is moved to strike all of the evi 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. "It 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 & Silvers through a recent decision of the supreme court were found guilty of a violation of the liquor laws in the Klrkland 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 injunc 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 nessing of marks on certain signa tures. 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 a 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, Pette 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 a 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 a good rep utation. He said if a saloon keeper op CASTORIA For Infants and ChS-m Xbe Kind You Han Alwajs Bought .. .ssp. Hr There is hardly a thing that.you might need for a cream separator of any make that I do not have. Rubber bowl rings, cleaning brushes, bushings, steel points, separator oil. No matter what name of separator you have and it goes to "bucking," let me know. I may be able to help you. I repair Separators. JAS. H. SHEPHERD ATTEN ION FARMERS! I E S The Ottumwa Pickle Co. is ready to contract for Cucumbers at 70c per bushel, delivered at any of its factories at Ottumwa or Eldon, and* will furnish seed free. Call or address Ottomwa Pickle Company Oftamwa, la. "New Shepherd'* Ranch*." Ottumwa, Iowa. erated a saloon according to law he would be reputable, but if he knew he was not conducting it in a lawful man ner, he would be disreputable. Dr. Pe terson also said that the violations charged against Mr. Hallgren were not to be held against him. The wets conceded the testimony of Levi Pollins as to the reputation of Geo. E. Taylor, when Mr. Pollins was permitted to leave the stand when the court thought the limit of witnesses had been reached. W. V. Silvers was recalled to the stand and testified to the mark made to J. P." Johnson's name. Asked to explain why he pleaded guilty to the charge of maintaining a nuisance, an objection was made on the ground of its being collateral. The objection was sustained. R. J. Lowrie was recalled and testi fied to the name of Pat Coughlin, and said he saw the mark made by Mr. Coughlin and also by Charles Black where a signature by mark occurs. He said he wrote the names and words, "his mark." The name of Arthur Fin negan was also testified to and the name was written by Mr. Lowrie. Axel Nelson on the stand testified to the signature of Wm. Mantz by mark and said he, with Fritz Ehrmann, who was present, saw the name of Mantz signed and the cross mark made by Mr. Mantz. He said the name was signed in his (Nelson's) saloon and he thought Fritz Ehrmann wrote the name and words "his mark." John Erbacher was called to the stand and testified to the names of Jeff Clark, J. H. Stump, Jacob Harri man, George Piatt, J. H. Langdon, John F. Henness, Joe Gee, Michael Dinan. Charles A. Wood and Pat Mahoney, all of which were signed by mark and the abbreviation "Wit" for "witnessed" was used and challenged. He said some of them were signed in the saloon and others in the street. He stated that he wrote most of the names but that some one else wrote J. H. Stump's name and he thought Stump's brother wrote the name, but that the witness wrote the word "his mark." He was not sure of who wrdte the date "Nov." William H. Black testified to the character of Chas. Hallgren and said he had a good character and reputa tion The testimony was admitted be cause Fred Steller did not testify to the character when on the stand in the morning. W. K. Farmer said he signed the statement of consent and testified that the name shown him on the withdraw al petition was not signed by him. When shown the name on the petition he said he did not think he wrote the name, but on another sheet of the pe tition he verified the signature. On the testimony of Mr. Farmer the five names on sheet 601 were chal lenged because afiliant Henry Munigo ven is not a reputable person and be cause the name of F. C. Farmer on pages 547 and 543 are duplicates. Sargent the First Witness. W. L.. Sargent on the stand yester day morning said he kne^ Ed Carr and that he was of good moral char acter and a reputable person. He said he never knew of Ed Carr pleading guilty to selling Intoxicating liquor and it would depend on the circumstances as to whether it would affect his opin ion of the reputation. He said he could not feel the same way about him if he were a perjurer and wilfully committed the act. F. A. Tisdale was then sworn' and said he had known John A. Erbacher for twenty years or more and knew what people generally say as to his character and reputation, and thfit he thought him of good moral character and that he bears a good reputation. He stated he •knew of Mr. Erbcher be ing in trouble with the liquor laws, but said circumstances in the matter might cloud his reputation. The witness said if a man pleaded guilty to a crime he might think differently, but if a minor was sold unwittingly by a man, it would not affect his credibility. Fred Steller stated he had known Chas. Hallgren for seven years and was acquainted with his reputation in a business way. Gray Recalled to the Stand. John W. Gray was recalled to go into his testimony and said it was to supper he went instead of dinner, and thought that perhaps Mr. Miller might have gotten some names. He said on recall that he witnessed all of the names and that Tom Miller also wit nessed them. Capt. Jaques In Court. Capt. W. H. C. Jaques on the stand said he had practiced law here for forty years and that he wps an attor ney for the consent petition before the board. He told of the day of the sub mission of the statement in substance as follows: "Dan Hannon and perhaps Mr. Mil chell testified as to the names having been gone over and then Mr. Whit more presented his case. Jo Jaques then said that all was in shape for the board and I think Mr. Whitmore and 1 iV 4 H. B. Patterson of the board of supervisors, was then called to the stand and when the same line of testi mony was begun Mr. Whitmore inter posed an objection on the grounds that If any agreement to submit the matter was made, it was oral and not binding. It was: then agreed that other supervisors would testify the same as Mr. Hall. Tells of Tom Miller. C. C. Ayres testified as tq T. J. Mil ler's reputation and said his moral character was good and that he bore a good reputation. He said he ap peared as notary and was paid for it in the sum approximately $100 or more. He also said he understood that Mr. Miller had some trouble in court, but that he does not pay much attention to what he hears. He said that the class of evidence on which a man is con victed would have much to do with his opinion of a man. J. P. Kinyon on the stand said that his name spells Kinyon. He said that his name appears on the register and that he sometimes signs his name "Kinyyon." He was given a pencil and paper to sign his name. Claude Myers Testifies. Claude Myers testified to the char acter of Tom Miller and said It was good. He testified in the same manner as to Pat Shuckrow. He could not say as to Miller's means of support and that he might hang around Norfolk cigar store without the witness know ledge. He stated that if a man was con victed honestly of jury fixing he would not consider him reputable. He does not regard gambling as reputable. Used Two Pencils. J. W. Thompson said that he wit nessed the signing of the name of Philip Mulligan and the making of the mark by Mr. Mulligan with an indeli ble pencil. He furthermore said, he thought that he wrote Mr. Mulligan's name and the words "his mark" and that Mr. Mulligan touched the pencil when the cross was made. He said that he could not state why black and indelible pencils were used and that one looked more indelible than the other. R. S. Thomas testified to the char acter of T. J. Miller and said he was acquainted with the general reputa tion of Mr. Miller and would call it good. He said he did not recall the bribery charges against Miller and did not consider it against him. He would consider him reputable unless he knew he was absolutely guilty. Wm. McCormick was called to tes tify as to the mark on name of George Briles and said he Baw the mark made on the petition. Morey Khows Silvers. D. F. Morey on the stand said he knew W. V. Silvers and that his gen eral moral character is good and said the same of his being a reputable citizen. He said if he had known Mr. Silvers was convicted of violation of liquor law it would make no difference. T. H. Pickler on recall said the gen eral reputations of Geo. Cline and Chas. Hallgren were good. He said he remembered Geo. Cline being con victed several years ago. Don't Depend on Saloons. H. E. Byrne said he is a pop manu facturer and that he knew Geo. Cline and thought him a reputable person and of a good general character. ,He further said that Geo. Cline was not on his books as a customer but may have bought of him. The witness said that the fact of a man being indicted and pleading guilty would not affect his esteem in the way those cases are generally conducted. He saM Pat Shuckrow is of good repute. In an swer to a question he said the pop 4 Mr. Gillies conferred and evlneed a willingness to submit the matter. Then all left the room except Dan Steck And the supervisors. "I do not knew whether Mr. Gillies or Mr. Whitmore later conferred with the board but I kno*( that Senator Smith presented an authority." Later the witness said that he thought the book prepared by Mr. Whitmore with the challenges printed in it, was presented then, and that he prepared an affidavit regarding the name of Mr. Redding and that his firm prepared a list of challenges that was filed with the board. He said he was not sure whether lie filed Charlie Smith's affidavit. The printed book was presented and the. date of filing was shown as January 4, 1911. He then said he thought he was mistaken as regards the statement about the book. He further stated that it was correct that Mr. Whitmore said he would file book later. Banker on Stand. B. P. Brown on the stand Baid he knew John Erbacher and some of his acquaintances. He said Erbacher was generally known hs a reputable person and of good moral character. He also said the same of Ed Queeney. He had heard of Mr. Erbacher's violation of liquor laws and did not think any less of his reputation. Mr. Brown said he could not name any one who ques tioned the reputations of John Er bacher and Ed Queeney. Hall Reviews Session. Supervisor J. W. Hall when on the stand said he remembered of the con sent petition coming before the board on January 3. He also said: "They filed a petition that they agreed to submit to the board of super visors. Messrs. Whitmore and Gillies filed withdrawals and Ernest Mitchell testified as to the number of names, duplicates, etc. I don't remember Mr. Hannon or Arrison testifying. I remem ber that Jo Jaques said in substance that both parties agreed to have us go over the matter that would be printed that day or next and all left but the board and County Attorney Dan Steck. I believe Mr. Smith came in afterward and cited some law about the con straining of names, but I can't say just what day, and I believe Mr. Gillies was sitting in the room at the time." He could not state as to certain withdrawals and the time of their fil ing. He "said he was not sure that on January 4, Mr. Whitmore presented the board with a copy of the printed book and explained it. He Btated that a night session was held by the board but that no steps to inform counsel on either side was taken regarding the night session. The witness said there was no opposing counsel there aiding the board during the canvass. He said he did not remember any mem ber of the board to have said for all to vacate the room and to leave the board alone to settle the case. OTTUMWA COURIER, TUESDAY, APRIL 25, 1911 mmw mm CLOAKS AND SUITS. Nelson Cloak Co.—All Ready to Wear Goods. J. E. Scase—All Ready to Wear Goods. DRAYAGE and TRANSFER Daggett & Sons w. s. Crips & CO- DEPARTMENT STORES W. J. Donelan & Co.—Dry Goods, Cloaks, Suits, Mil linery, Shoes, Carpets, Men's Furnishing Goods, Etc. Phillips' Big Store—Dry 3oods, Cloaks, Suits, Men's Cloth ing, Millinery, Shoes, Furniture, Etc. Globe Tea Co. Gibbons' Grocery Co Farmers' Grocery Co. Frasier's Grocery Co. East End Supply Co. business would be better without sa loons. Did Not Use F. A. Nimocks. Frank Nimocks said he is post master and pretty well acquainted with people of Ottumwa. The rule on number of witnesses was reached as to character testimony on Ed Carr and the services of Mr. Nimocks was dispensed with. C. W. McCarty said he thought Tom Miller was a reputable person. He said he knew of Miller doing special police work and that He heard of Mr. Miller being rumored as having tam pered with a jury and would not con sider him reputable if he tampered with jury. He stated however that it depended on the circumstances. He then testified to having sent out the official notice of the filing of the petition to the official county papers. Arrison Was Paicl_... N L. Arrison stated that T. J. Millers reputation is good. He further stated that he was employed by the propon nts to assist for some twenty days and received about ?60. He said he thought T. J. Miller bought witness fees and was employed as deputy fish warden and that he would look for him at Norfolk's cigar stand. He also said that he was In town the time of Mr. Miller's serving of sentence and did not regard him any less reputable. He said he thought a reputable man could dr^iw wages for watching a door. Frank Huffman said he was a for mer dairyman and knew George E. Taylor, a former policeman. He said Mr. Taylor was a reputable person, but he did not regard a false affiant as 4 -T&v"1 DRUGS Cummings, W. W. Ottumwa Fuel Co. Rosland Fuel Co. Smith Fuel and Feed. SHOE STORES. Daniel's Shoe 8tore. Stevens' Shoe Store. C. A. Hagberg Iowa Clothing and Shoe Co. JEWELRY. Neasham, J. W. Arnold Jewelry & Music Co. N. W. Cowles. Eugene Burnaugh Otto Bremhorst M. F. Chisman D. J. Griffith C. M. Christie H. T. Elliott on the stand said he knew Geo. E. Taylor and that he was a candidate for president of the United States for tli? liberty party and that he was a reputable person. He said that, he* lectures around throughout (he churches and he had published the Negro Solicitor in Oskaloosa. Depends on Knowledge. Charley Mitcbel on the stand said he knew Geo. E. Taylor and considered his reputation good. The witness said he learned from the sheriff that he was to testify about Geo. E. Tay lor. "If a man knows what he is do ing when he commits perjury it would make some difference as to reputa tion said the witness. Geo. Nixon said he lives in Monroe county and that Geo. E. Taylor lived within two and a half miles of him. and that he was of good repute and honest. He said he did not know any thing of his Ottumwa reputation. O. L. Campbell testified to the char acter of Robert J. Lowrie and said his general reputatioa is good as he con sidered it. He said he had heard no thing of Mr. Lowrie making a false affidavit. Omitted the Year. J. W. Hamersley was called to the stand to testify to the year in which the name of George Chase was placed on the petition in which the date "Nov. 22" but no year is shown. He said it was signed in 1910 and that the names were signed in rotation. He said that the name was signed in the saloon W iW': 3% Want Your Business Why you should buy in Ottumwa. Because Ottumwa merchants offer you the best line of mer chandise obtainable, and at prices lower than you will find, in any town in the state. The merchants want to make Ottumwa stand in the estimation of all out-of-town buyers as the greatest shopping point in Iowa. You will find special sales in all. lines of merchandise and it will pay you to come to our city and do your shopping. When you purchase your railroad ticket to Ottumwa, get a receipt from the agent and present it at the first store where you make a purchase, no matter if the purchase be but 25c, and you will be given a coupon with the amount of your purchase written upon the back. The last merchant, who thus registers a purchase upon the coupon will take up your receipt and refund your railroad fare. You don't have to make all your purchases at one store to get your railroad fare. Each merchant will put the amount on the coupon. The following merchants of Ottumwa will pay your railroad fare according to the rules of the Retail Merchants'Association. Full Amount Specified Must be Purchased or No Fares will be Paid IF YOUR STATION IS FROM 5 TO 16 MILES—FARES PAID—(One person)—One way with $ 7.50 purchase both ways with $15 purchase IF YOUR STATION IS FROM 17 TO 26 MILES—FARES PAID—(One person)—One way with $10.00 purchase both ways with $20 purchase IF YOUR STATION IS FROM 27 TO 36 MILES—FARES PAID—(One person)—One way with $12.50 purchase both ways with $26 purchase IF YOUR STATION IS FROM 37 TO 51 MILES—FARES PAID—(One person)—One way with $15.00 purchase both ways with $30 purchase IFVOUR STATION IS FROM 52 TO 65 MILES—FARES PAID—(One person)—One way with $17.50 purchase both ways with $35 purchase IF YOUR STATION IS FROM 66 TO 100 MILES—FARES PAID—(One person)—One way with $20.00 purchase both ways with $40 purchase Clark's Drug Store. Sargent's Drug Store. Cresc'ent Drug & Book Store. Hofmann's Drug Store. Owl Drug Store. W. H. Mynard. FUEL AND FEED. not reputable if he made an innocent' at the corner of Clay and Sherman mistake Was Candidate For President .. nwnfiVi-ifrrfr' riHHUtiii CLOTHING STORES Dysart, J. K. Clothing Co. Anderson Clothing Co. Iowa Clothing & Shoe Co. Peach & Cresswell. J. B. Sax Co. Martin Clothing Co. FURNITURE—CARPETS Cooper, W. H. & Son. Hall-Ekfelt Furniture Co. Martin Furniture Co. HARDWARE. Harper & Mclntire Co. Hand Bros. & Co. Ottumwa Hardware Co. Spilman Hardware Co. Randall & Son. BOOKS Longfellow Book Store. You need not make all your purchases at one store. Give the amount of purchases made in Ottumwa to the last merchant traded with and he will refund car fare accordingly. The following Grocers of Ottumwa, Iowa, do hereby agree to pay freight (Not Railroad Fare) upon all assorted orders for groceries to the amount of $5.00 or over. Model Market S. J. Seistrand J. S. Swenson J. S. Wier W. E. Gale Henry Throne Hipsley Grocery G. D. Head & Co. Chas. Barrier A. P. Anderson streets. Testifies to Handwriting. W. A. Whitney when called to the stand testified to the signing of the petition by Wm. Busselle by his mark and said he saw the mark made by Mr. Busselle. Also the names of J. K. King, C. A. Murray, Ed. O'Brien Sr., J. M.Zenor and Benj. Cloyd and said he witnessed all make their marks. He said he received about $75 for his services ar.d did not know who hired him, that he knew each signer and wrote the name and words "his mark" while the slgiier touched the pencil while the mark was made. He then wrote all of the names which were entered as an exhibition. He said he often wrote a letter differently and cited the registration books as an evidence. PULASKI. C. H. Milligan and C. W. Matthews were Bloomfield callers Tuesday. Clyde Brumley and wife of Ottumwa were Sunday evening visitors at the parental Lum Brumley home Born, to Mr. and Mrs. Ray Howard, April S, a daughter. Sam Friend of Bloomfield spent the past week with his daughter Mr3. Josh Jones. Wm. Schimmelpfenniu. J. M. Hunt and W. S. Allen transacted business in Bloomfield Friday. The Easter program was well at tended at the M. E. church Sunday evdhing. Mrs. Vina Blake left Friday for Des Moines. The Pulaski high school team played vV /.'*' LUMBER. Fletcher Lumber Co. Hutchison Lumber Co. Odenwalder, A. A Co. Tisdale Lumber Co. PRINTING. Ottumwa Stamp Works TAILOR8. Swenson Bros. Elliott Bros. Swanson A Andersen. RESTAURANT8 McElroy Restaurant and Hotel UNCLAS8IFIED Putnam & Bridgeman—5 and 10c Store.' TEA COMPANIES Grand Union Benner Tea Co. CONFECTIONERY Dan R. Shea Milton Saturday and were defeated by a score of 6 to 5 after playing eleven innings. Wm. Schimmelpfennig left Monday for Otturpwa to look after a dynamo, the old one being badly damaged by the lightning last week. Miss Jennie Prevo visited at the parental Tom Prevo home 'from Wed nesday until Monday, returning to Centerville Monday morning i. DRAKESVILLE. I Mr. and Mrs. J. c. Millisack visited the first of the week in Ottumwa. Mrs. Frank Davis came home Wed nesday from Washington, la., where she visited with her son Ray and fam ily. Mr. and Mrs. Ralph Jones spent last Sunday at the parental Marion Kutch home. Mr. and Mrs. P. I. Kinsinger and Eugene Kinsinger spent Sunday at the Hubert Kinsinger home. Born, Sunday, April 16, to Mr. and Mrs. Clarence Williams, a son, and to Mr. and Mrs. John Davidson, a daugh ter, and on April 17, to Mr. and Mrs. Henry Thompson, a daughter. Miss Nannie Newklrk of Ottumwa spent Sunday here with her parents. Earl Davis left Sunday night for Washington, Iowa. The remains of Mrs. Calvert, who died in Ottumwa at the home of her daughter Mrs. Ida Hammock, were brought here for burial last Thursday. Mrs. Calvert was until a few years ago a resident of this place. Mrs. C. C. Jones attended the Easter program at Midway Chapel Sunday night. Georgia Rape spent Sunday with Olive Wagonner. T. J. Mclntire and- Ed Shaw of Bloomfield were business visitors heve last Friday. AiSasJv.C 41 ii 'Si. L". .-&V:. V- AiL'1, ri'iVi sifr v« Jz» ^Vi Kir* A WJMA-, .*f I, I