Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-27
ARTICLE TEN.
THE PRESENT STUMBLING BLOCK IN
PAGE I1IPE4GHMENT.

| THE PRESENT ST UIBLING BLOCK IN
PAGE IMPEACHMENT.
! The sitting of the impeachment yesterday
was attended with no special feature. The
| usual array of witnesses were present as spec
tators, but the ticket rule having been put in
operation, more of them found resting places
than before in the gallery. Immediately after
the roll call Senator G. D. Gil6llan offered the
following, which was adopted:
Ordered. That only witnesses who are ex-
amined for the prosecution or defense, whose
testimony is material to the issues, shall be
paid fees and expenses, and of the materiality
Of the testimony of each witness the court
| shall determine.
Mr.. Davis, of counsel for respondent, said he
conceived it proper time to bring before the
Senate their exceptions in the shape of de-
| murrer to article ten. He argued that in this
| as in any other proceedings, person accused
of an offense is entitled to specific allegations,
| SO that he might know what he had to meet.
He had never heard that man could be tried
| for his habits extending five years, or for
his personal demeanor, and if he could, he was
certainly entitled to specific allegations.
Senator j. B. Gilfllan interrupting, said he
| article.
Several of the Managers-We have not. We
depend upon all the charges.
Mr.. Davis, further continuing, said he
could assure the court respondent had
subpoenaed only witnesses material as
to the allegations down to charge ten,
and it would be evident to the court that if
such indefinite and scattering charges are
contained in that article where allowed to
stand, the limit of the investigation could not
be told, as respondent would have the right to
summon from all parts of the State witnesses
veloped on the trial. The manifest injustice
of the proceedings were self-eyident. He there
fore moved that the tenth article be quashed.
Senator Nclson-As member of this court,
there two questions I would like to hear
discussed. First has respondent the right to
demand bill of particulars, and if so has the
Senate the power to demand such bill on the
part of the managers.
MIR. Davis said person could not be tried
upon an improbable offense until he had been
furnished articles twenty days. An article so
general in its terms as in this case, did not
furnish respondent with such notice of the
offense alleged as contemplated by law and
practice, in that it did not furnish him with
any specific allegation, thus depriving him of
the power to interpose denials.
Mr.. Mead of the managers, had no doubt the
Senate had the power to compel the presenta-
would be ready at any time to furnish such
bill. AS to the tenth article he argued that it
stated an improbable offense, and it was suffi-
GENTLY specific to meet the requirements of
practice and precedent. Mr.. Mead read from
authorities to sustain his position, and con-
Guided his argument with the assertion that
all other articles failing, the managers expected
to be able to convict upon the allegations con-
tanned in the tenth article.
Mr.. Davis replying, said the last statement
Of Mr.. Mead developed the latent intent of
that tenth article-that respondent purging
himself of the other allegations made against
him, the learned managers under this vague
and indefinite charge, intended to spring upon
respondent food of allegations of which he
had no previous notice, and which, from their
very nature and the manner of presentation,
he could not meet. Mr.. Davis then proceeded
to re-argue the point that the article did not
contain specific charges, quoting literally from
eminent authorities in support of his position
that such specific allegations were necessity
in impeachment trials.
Manager Mead replied, reading from Storey
to sustain his position that in Impeachment
trials the strict rules hedging in and about
court trials cannot be employed.
The argument concluded, the Senate went
into secret session upon motion of Sanator
Edgerton
The doors rcopened, the president said he
had been instructed by the court to say that no
raised, but had taken it under adyiscmcnt un-
til the Monday session. and then inquired if
the managers were ready to proceed with the
examination of witnesses.
Manager Mead said they were, and indicated
Mr.. d. S. B. Molison as the first witness.
The president directed that the witness stand
be prepared but Mr.. Davis, of counsel, inter
rupting, said that while be did not wish to de-
lay business he desired to state to the Senate
that under the division of labor Of counsel
that of the cross-examination of witnesses had
been assigned Mr.. Loscy, of Lacrosse. who had
been called from the city and could not be in
attendance to-day.
Senator Nelson--At what time will the coun-
sci be ready to proceed Mondays early as s
o'clock?
Mr.. Davis-The hour named is early, but we
will be ready at any hour the court may decide
upon.
Senator Neutrality-suspicious. of the Senators
are compelled to be absent Monday forenoon,
myself among the number. l therefore move
we adjourn to 3 P. NJ. Monday.
Senator Hall did not think such an adjourn
ment was advisable Over hundred witnesses
had been employed in the case, and the ex-
pense of the trial was matter Of vital moment
to the people, who would think there was some
thing wrong in thus frittering away valuable
time. 1t was important that every hour of
| time possible should be improved. He trusted
there would be no such adjournment as pro-
posed.
Senator Nelson, while recognizing the urgent
necessity of putting in as much time as posi-
BILE in the investigation, also recognized what
was due to the counsel. There was a great
amount of work in the preparation and conduct
of such a case, and upon the statement of Mr..
Davis that they would be ready to proceed
Monday morning, he would move to amend the
motion of Senator Armstrong to adjourn to 9
o'clock Monday morning.
Senator Edgerton suggested that the amend
ment be simply to adjourn.
Senator Nelson accepted the suggestion.
Senator Doran did not think there would be
much more than quorum, if that number,
present Monday morning. Many of the Sena-
tors had pressing private as we'll as public bus
| mess to look after, and it not unjust to the
interests of the State that they should have
half day to look after pressing private affairs.
He believed the adjournment better be to the
| afternoon, and meet the situation squarely.
The President-The Senator is out of order.
| A motion to adjourn is not debatable.
Senator Doran-But am all right. l have
said what I wanted to. Laughter.
Senator Henry endeavored to speak. but the
President put the motion to adjourn, and upon
the response declared the court adjourned to
$3.50 o'clock Monday morning
Decoration Day.
SPRINGFIELD, ILL.,, May 25.-The Governor,
| to-day, issued proclamation announcing that