Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-23
THE LAW OF IT.

MI. ClouGh Expounds 1t as APpii-
cable to the Charges in tho Page Inn
Observation-Disclosures to Tuesday,
When Hon. G. X. Davis VIII sum Up for
tho Accused.
The time for the assembling of the impeach-
ment court yesterday morning, found un-
usually large number of Senators prese mt for a
Saturday session. President Wakefield brought
down his gavel promptly at $50, and as
promptly Dir. Clough resumed his argument
saying that at the close of Fridays sessions be
was speaking in reference to the report OF the
grand jury in the Ingmundson matter. The
contents Of report made by that jury to Judge
Page, he said did not show any compulsion
of the town Of Clayton to pay the order twice,
and there was nothing in the report to show
that Ingmundson had anything to DO wlthsuch
double payment, or that he was in any way re-
sponsible for it if it was so paid. Further, the
examination made of the matter failed to show
that the order had been paid twice. Coleman,
the payee of the order, swore that he was
paid but once, and no evidence has
been produced to show that the order was paid
more than once In fact it WAS an impossi-
bility to show that the town lost one cent by
the transaction. The fact that the town treas
urer in some other transaction became a de-
faulter, has no bearing on this case. But
Judge Page, without any evidence showing
wrong doing On the part OF 1ngmundson, and
in his desire to break down this independent
officer organized the power of his court against
him. The taking OF the order as a voucher was
Il legal act. The object Of voucher is to show
the payment of money. Such is this case.
Now what were the motives of Judge Page as
shovs,, here in evidence It ill-rviH his
Il tvofrr y(}GNn
in his property and character, an offense cor
rectly denominated one of the deepest malig-
nifty.
And yet the otfense against lngmundson was
trivial, compared to his treatment Of the grand
jury Ingmundson is but one man, but when
Judge Page struck at the Crane jury, ne made
d direct attack upon one Of the main props of
our form Of government. We are not governed
by the ballot box alone but the courts
essential part and a blow at affects all.
And, said Mr.. Clough, if it should ever be, as
is sought, that the grand jury should be swept
away, then will commence the decline of civil
and religious liberty. Hence the necessity of a
strict observance of the rights Of the grand jury
There has been some slight divergence of testi-
mony upon this point, but upon the material
facts there is no difference. There is no au-
thority III the statutes or elsewhere, giving
Judge the power to coercc report from grand
jury. Their duties are defined by the law, and
the duty of the court as to such duties, stops
when he has called their attention to the law
governing their action. In attempting to go
further and coerce report, Judge Page COM
mittcd the grossest Of wrongs. There could
be no doubt the report was cocrced. The tes-
timony Of Page himself substantiates s. this hi
he added to the enornity of his wrong doing by
accusing the Jurors Of having violated their
oaths, of having purjured themselves, and in so
doing we charge Judge Page with great wrong
upon the people, and OF misdemcanor in
office.
Alr. Clough then took up the eighth and
ninth articles, the Stinson contempt case.
The proceedings i'll this case he said were illeg-
al from first to last. The offense charged
against Stimson did not constitute con-
tempt under any possible construction Of the
law. The result OF the examination showed
that the charge was trumped up by Judge
Page to serve him in procuring evidence he de-
sired for use i'll other litigation
% to the hbersiea Of the people at eest
and should be confined within the strictest
bonds possible. They were star chamber pro-
ceedings. There was no trial by jury, and the
judge feeling aegggrieyed. sits upon the trial of
tho cause.
Mr.. Cloush quoted literally from the au-
thoritics.s ITO show that circulating libel
Stimsons alleged offens e-did not constitute
contempt, for the reason that the alleged libel
did not refer to matters then pending before
the court. 1t might be argued that the act of
Stimson constituted q misbehaviour in Office,
which in certain cases constituted contempt,
but this will not stand IL. this case, because the
alleged act of Stimson was no part of his Of
hcial duties, which is an essential to con-
stitute Inisbehaviour in Office of sufficient
gravity to make it contempt. But the sub
stance Of the charge against Stimson is Of little
Importance as compared with the utter
H.
his efforts to punish Stinason: In this respect
Judge Page committed an unheard of act in
tho practice Of this country in issuing war
rant Of arrest without complaint or afflrma-
ton having first been made. The warrant is
sued was void, and the judge, the sheriff and
all others having to do with Stimson's arrest,
were liable to him in damages for illegal
rest. Judge cannot sit down and order the
arrest of person at his will or pleasure, but
an affidavit or com plant is necessary to set tho
power OF the court IN motion. But in the
Stimson case, Judge Page did not have even
rumOr upon which to base his warrant
predicating is upon statements known to be
false by the judge when he issued it. From
beginning to end the recitals upon which the
warrant was issued, were false and known to
be false by Judge Page when he put his hand
to it. The examination was of tho same law
less character. Now what do we see? An ig
rant, taken before the judge at a late hour of
night, and required to give bonds in $500 under
which he was restrained for two months, when
he was discharged, nothing having been adj
duced in the least sustaining the false allega-
cations made mp by Judge Page There is not
one single thing in this proceeding
from beginning to end done legally.
Then again, Judge Page acted as prosecutor
and Judge. Had he have had the decency to
call III the county prosecutor to conduct the
case, it would not have been bad; but all
decency and honor was left behind. The eEtire
proceeding was in fact bill of discovery. He
wanted to go for Judge HARDWOOD, for French
and Others and he used this trumped up
charge to find out what he wanted in reference
to those men. The annals of courts Will be
searched for a case so utterly in defiance of law
and decency this, and where many false
hoods we're used by the court to secure his
ends, upon these acts, constituting the grayest
misdemcanor in Office, the Judgment of the
Senate was now sought. The facts were now
before it; and there he would leave it confident
of the finding.
Referring to the tenth article Mr.. Clough
said that it in substance charged wilful arbi-
trary and malicious conduct on the part of
Judge Page. The managers considered it an
important article, bnt as the facts alleged in
the other articles would, if sustained, prove
the assertions in this, he would not tire the
Senate in reviewing it at length, but for his
part would submit the case with thanking the
Senators for their attention through the, to
them no doubt, fatiguing argument, as it h ad