Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-08
THE IMPEACHMENT
THE DEFENSE CONCLUDE THE OPEN
ING OF THE CANE.
The Accused Judge on the Witness Stand
he Tells a Portion of His Story and
Will Continue To-Day-Judges Dickin-
son aud Mitchell Also Testify.

Will Continue To-Day-Judges Dickin-
son aud Mitchell Also Testify.
At 9 o'clock yesterday morning, in pursu
ance of the Wednesday adjournment, the high
court of impeachment met in the Senate cham
ber of the capitol, and Hon. j. W. Losey, OF
counsel for respondent, took up the thread of
his opening argument, commencing with a re-
view of the charges and facts embraced in
ARTICLE -FOUR.
In anticipation of the argument there was a
much larger attendance of persons not directly
interested in the trial than usual, including
several ladies, and members of the bar of this
city and other parts of the State, among the
latter being Hon. Sumner Ladd, of st. Peter
and Hon. H. G. Hicks of Minneapolis. lmn.e-
diately upon the court being called to or,
der Mr.. Losey rose and commenced
his argument. The gravamen of the charge
made by article four, is that Judge Page. from
a malicious motive, had used his power to hui
initiate and insult D. X. Stimson, an officer OF
the court by compelling him to pay over IN the
presence of the court and the grand jury GER
tain fees legally retained by him. In answer to
the charge he asserted that there is no provision
of the statutes which allowed an execution to
issue against the effects of person for a fine
imposed for the performance of criminal act.
and that therefore Stimson's pretended act OF
serving such an execution was an illegal act,
and secondly, that conceding that such execu-
ton could legally issue, Stimson performed
no act emitting him to fees, and thirdly, that
if he did perform such service he Violated the
law in retaining to himself portion of the
amount collected under such execution. AS to
the service set forth, it would be shown
that none was rendered. and the law distinctly
foIIp 1.,i6 lou he Of
ceedure as to the other points, in direct oppo-
siton to the course pursued by Stimson.
The facts are that Stimson violated the law;
the wrong doing had been investigated by the
grand jury and reported to the COURT and
Judge Page taking the mildest and most limit
ed course possible for him under his judicial
oath, compelled him simply to disgorge the
wrongfully retained money.
ARTICLE FIVE.
Upon this point Mr.. Losey said no facts had
been submitted to the court, but he read his
brief, which, in substance, was that it charged
no offense. The order of Judge Page COM
planned Of ia one issued to the sheriff. directing
the performance Of simple duty i'm posed npor
him by the statutes, and the non-performance
of which would have made Judge Page guilty
Of misdemeanor.
ARTICLES SIX AND SEVEN,
relating to the Ingmundson prosecution, were
considered together. These articles, Mr.. Lose.
said, appeared to contain the vital allegations
upon which they were laboring for conviction
tons would require close scan
ming of the laws. Public officers wer
creatures of law, and they must be held to
strict compliance with that law. The Legisla
ture at it's last session, enacted law by which
the public examiner can slip in upon a count.
frooc T. inn tn &hof hn Insr,
his duty in strict accordance with the law, ant
yet The strange anomaly is presented of tn
Legislature enacting that law, conducting i'm
parchment proceedings against a judge VIII
sought to correct Irregularities in the treasur
ers Office of Mower county. Mr.. Ingm undso1
was public officer, who had been guilty of
misdemeanor upon his own testimony, in tax
ing town order from Qualm, the town treas
urer, in violation of law, the misdemeano
constituting under the laws an indict
able offense. And Ingmundson committee
another crime in taking personal receipt TO
such order, and by refusing to pay the none
over to the town when legally demanded o
him.
Mr.. Losey then went on to argue that Ing
mundson was an habitual violator of the LAY
in his control and handling Of the public fund
his practice in the deposit of the funds, ETC.
being in all essentials precisely similar to tina
for which State Treasure Seiger was impeacheo
1t had been shown that no steps were taken i
Mower county to comply with the law passe
by the Legislature, result of the Seiger in
parchment, for the protection of the publ
funds. There can be no doubt that Ingmunt
sons violations were clearly matters of prope
investigation to the grand jury. The repol
made to the court, shown by the evidenc
constituted a presentment, upon which presel
tation the court was instructed by the statute
to issue bench warrant and bring the culpr
before him for trial. The grand jury are r
quired to inquire into the wilful and corrul
misconduct of public officers. The languae
Of Judge Page, even allowing it to he such
is charged, which is denied, on the occasion
indicated no hostility, and can by no reasonir
be constituted misdemeanor. The jury ha
nothing to do with the intent of Ingmundsc
in his violation of law, but simply as to whet
er in fact he had violated law, and in failing
do their duty, as pointed out to it by the judg
the grand jury had violated their oaths, as I'll
judge charged them. And yet, because Jud.
Page sought to compel Ingmundson to confor
to the law he is brought up here under charg
for impeachment.
The speaker said that all the lawyers
Pages district would testify that he was ju
and fair. He Nosey) would for the mome
drop his position as counsel, and taking tt
witness stand, swear that in the twenty yea
of his practice he had never seen a more
right, just and impartial Judge.
At this point Senator Nelson suggested
cess to 2 o'clock to give Mr.. Losey an oppo
tunity for a little needed rest, but that gentl
man said he preferred to go on and finish IL
and he had commenced upon article eigt
when he was seized with a fainting spell, al
suddenly sitting down in his chair he ask
that recess be taken. which was done up<
motion of Senator Nelson to o'clock.