Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-06
ways construed the law honestly and admins:

ways construed the law honestly ana a0mlhls-
tered it impartially.
Mr.. Losey then read from the statutes as to |
impeachable offenses, and argued that no per-
son could be impeached for talks upon the |
streets, in private Offices. etc., but it must be
for wilful neglect of duty or violation of law
in Office, or in other words, that no one can be
lmpeached except for an indictable offense. A
contrary construction he declared unheard of,
had never before been adopted by an impeach-
ment court, and if the State of Minnesota
should follow such construction and SO de-
eide it would be the FIRST instance on record,
and for the sake of justice he trusted the last.
The constitution of Minnesota says that GER
tain officers, among which are judges of district
courts, can be impeached for corrupt conduct
i'll office, and for crimes and misdemeanors, and
unless Sherman Page is proven to have been
guilty of such offenses, he must be acquitted.
In support of this theory, Mr.. Losey read
few authorities at length.
Continuing, Mr.. Losey said there were two
principles of law that respondent had the
right to invoke: First, that person is always
presumed to be innocent until he is proven
guilty; and, Second, that if there are any
doubts, accused must be given the benefit of
| the doubt.
Mr.. Losey then took up the articles, COM
men ting at length upon the evidence intro
duced, and reading from the statutes verbatim
| in support of the various propositions advocat-
ed. As to the first article, in reference to the
! that the prosecution must show that defend
ant had made reasonable efforts to have his
| case brought to trial, and that respondent for
corrupt purpose refused him such trial, both
| of which essentials it claimed the prose-
| cution had failed to show-failed SO complete
| ly that if his advice was followed, respondent
| would introduce no rebutting evidence.
| AS to article iwo he laid down the law that
Riley had no legal claim against the county;
that the clerk of the court had no authority to
| issue subp9nas except in cases to come to trial
| that demurrer afforded no ground for such
issuance, and that the proceedings Of Riley
| were entirely unauthorized by law, and he had
no legal claim against the county. The posi-
tion we hold as to this article, said Mr.. Losey,
is, that no matter what the feelings of Ju dye
Page toward this man Riley, SO long as his
official acts upon the bench were in accordance
with law.
Of article 8, Mr.. Losey said the proof shows
that the abusive language complained of t.
Vaudeville, What dirty work, etc''-proof I'M
impeachable, will show that the statement is {
lie in whole and in part The law governing
the appointments of special deputies, made two
designating the number and fixing the PEI
diem; the order of the court can be fled at any
time during the sitting Of the court, and thai
under the law the judge had no right to gran
the order for his pay as demanded by Mande
vile, and therefore that his rights were no
jeopardized. Viewed from any point the act
of Judge Page in relation to this appointment
were in strict conformity to the law.
At this point counsel announced that he wa
unwell, and asked that the court adjourn.
Senator Nelson moved that the Senate ad
} journ to o clock Friday morning, which mo
ton prevailed and the court SO ad jOurned.
Descriptive.
In the above no effort has been made to fol
low closely the argument of Mr.. Losey. In
stead, only an expression here and there Of tn
introduction are taken and grouped together il
, the connection used, with few Of the la,
, positions taken upon the three articles consid
cred. Indeed, while we might give verbatim
, report OF the language used, the words woul
fail to convey any correct idea of the force o
the argument. TO have secured that in all it
breadth and depth, not only must the word
3 have been heard they fell from tn
speakers lips, but at the same time th
1 eye must have been fixed upon the speake
e lntently watching his every movement. MI
/ Losey is not by any means a finished orator
Rather, he is modelled on the trough an
t | ready style. Of large, muscular frame, prom
lnent features, sharp, penetrating eyes, and
l good head, covered by shaggy, unkempt hal
t a quick thrust of the fingers through it, b
presents little of the polished society mar
J., His mind and oratory are in perfect keepin
with his outward appearance. In short, MI
d Losey is a beau ideal OF rough vigor. He nevt
/ does anything by halves, but whatever I
e undertakes is entered upon with a directness
purpose that leaves no doubt of tt
a aim he seeks. AS he works i
his profession, he speaks in it. Thel
# is no purring over smoothly rounded sentence
e accompanied by delicate and systematic ge
ticulations, but he goes at it in regular sledg
l. hammer style; fact follows fact in rapid SUI
d cession, his voice rising as be warns to IL
work until often forced to its highest pitc
l. his arms work rapidly and forcibly, emphasi
e, ing the points by vigorously pounding Il
IS table, and swinging back and forward like Il
arms upon wind mill, and as the hot wor
l. pour from out his throat, often stepped in Il
,e very gall of bitterness, with the perspiratit
n pouring from off his face in small rivulets,
ID presents a picture, once seen, will not soon
e. forgotten. Such was Losey yesterday in ope
s. ing the case for respondents picture that,
l. venture to say, is indelibly stamped upon t
in mind Of many citizen Of Mower county, a,
lie will not soon be forgotten by any person with
the Senate chamber.