New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-29
WISCONSIN.
The Late Impeachment Trial.


oorr,.Jcrdsr &c q The Y. Titure
MADISON fNNisD Saturday. July %, 1883
Tie case Of Judge Hubbel, impeached for corrupt
conduct in Office and high crimes and misdemeanors,
las lately closed here with verdict Of acqutta on
rv charge He friends here and elsewhere claim
signal and complete triumph and as have observed
eytsordnary missstements in regard 10 the trial aud
IFS results send you few facts from which your read
ers may draw their own differences. The case has ex-
cited The most intense interest here and has, in your
State been somewhat carefully watched by the former
acousiutances oil the Judge.
Tleveu Articles of Impeachment, embracing seventy
speefcations were preferred by the Assembly, after
m consideration Of the testimony taken before its Spe
cial Committee last winter. On that testimony the
Committee lad unanimously reported these charges and
the Assembly adopted them with only one or two slight
attentions The Senate met on the 9th of June to try
them and was engaged four weeks IN hearing ar
pumept and testimony.
tn FIRST of these charges alleged that the Judge had
privately announced to sutton at his Court that he was
about to decide important case IN bis fivor at the
same tine asking the loan of two hundred dollars which
WAS az once granted and for the repayment Of which
no voucher taken and no agreement was made The
money was New repaid but intended by the sutton
as gift and has always remained. The was
decided ia tie sutors favor a. the Judge had said lt
wuudbe.
This case was proved by most unwilling witness (the
man who had paid the money!, precisely as charged,
and the evidence remained entirely uncOntracicted.
Seventeen other specifications were proved precisely as
laid ard so stood 10 the last without even attempt
10 contradict or explain them by Testimony the part
If the defeoce. Among these were two specifications
under the second Article, which charges: that the
faid Ieyi IIubbel being judge OF the Second Ju-
dieial Circuit has presided and adludcated, sHcb
Judge m the Circuit Courts of this State in causes,
wherein he the said Levi Hubbe was pecunarlly a.
Interested contrary 10 the statute in such case made
and provided and to the manifest corruption and scan
dal Of the administration Of justice.
or the remaining charges one was abandoned by the
pro.ection because the witness whose testimony be-
fore the inyesteatng Committee II had been founded,
testified differently the Trial Twelve were abandon
ed because he witness intended 70 be introduced by the
prosecution could not be- procured Two OF those wit
iesses feualef named in the eighth article bad eft the
STATE after their examination before the Committee and
preyons to the trial The remaining specifications are
submitted by the Managers on evidence about the SUI
fciercy If which % establish corruption there might be
doubt in many Of the eases II considered as isolated AID
Independent.
on tvep,y.one specifications only believe, was eyi-
dorce offered on the part Of the defense On the thirty
~ qualifications not abandoned by the prosecution
cutroyerted By the defense, there could OF course be
ony the question whether the evidence presented by the
Msacers warranted conviction And OF these, as hsTe
before said eighteen specifications proved 20 the
letter BIZ uLimpeached, unccntradlcted evdence The
Assemby had presented them az matters Of lmpeach-
eut ard if they, any one Of them were proven, 1t
uord seem that conviction must ioloY; for under our
Constitution the Assembly impesches and the Senate
tries.
Bat tue defense assumed the proposition that in add
tou 10 the proof of the acts charged the prosecution
must furnish proof Of corrupt mo,ires, otherwise the
charge must 60 for nothing In the language OF the
counsel for the defense who rst opened the doctrine TO
tie court
III l. not only Necessary 10 prove an actio prove
wrongful act # you pleaseo prove al IL gh act you
'sse-b but that something else must BE- proven besides the
,rercnce ef asty intention but that The guilty intention
lie sf<H-mds. appear IN the eFIcnCe must DE- PROVED
home TO the TcspoIceni n order 10 make HA APe-ch
And this doctrine seems if We can judge from the
votes to have met with the appreciation OF our senate
| commend it 10 the consideration OF your New lorS
criminal LAWYERS as new, wonderful, anu very useful
precedent The legal world may well feel some interest
IN knowing what ere the ideas OF ss IN the high Court
Of Impeachment In Wisconsin, and stare 70 see how
Judge Hubhel vas acquitted
But this doctrine not soquisced 10 with such IN
amin az as 10 render the verdict by any means com
,lete triulpb 90 the first charge above mentioned,
the vote vas Guilty lO Not Guilty H. Sixteen mem
.rs OF twoniris Of the Senate were required u con-
Wet
In lie second article charging that Judge Hubbel had
sdudicated in eases wherein he was pecunlary inter-
esfed there are three specifications. The facts 10 the
first were strongly contested, and that specification
the vote was Guilty : Not Guilty II. ON theotber two
specifications in that article, The vote stood-Gultyo
Not Guilty l..
ON one o. the specifications in the fourth article the
evidence show ed that he Circuit Judge lad rendered
final decree ir very heavy case in favor Of one hun
geord-tAat willie appeal 10 the supreme Sourt WIS
Tenaipo Iudge Hutbei accepted retainer from this
,sme Iunqe-ford TO defend him on al indictment Tor
perjury in the United States Court. The perjury as
,ipTed consisted in swearing that he had made 10 con
yeysnce OF certain lands and the decree appealed nom
Lad decided that the deed OF those iands "hc1 had
hen e,ecut,d by Hungeriord vas void. After the
aner Judge HabbeI sat Judge in the supreme Court
or The decision Of the appeal and gave biz vote aud IN
auence there in favor Of H1ngeriofd Rs Client IN the
siner in the United States Court extended only t.