Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-24


stitute misbehaviour 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
disregard Of Law or the part of Judge Page. in
his efforts to punish Stlmson. In this respect
Judge Page committed an unheard of act in
the practice Of this country in issuing a war;
rant of arrest without complaint or aff1rma-
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 ar
rest. A judge cannot sit down and order the
arrest of person at his will or pleasure, bat
an affidavit or complaint is necessary to set tho
power of the court in motion. But in the
Stimson case, Judge Page did not have even a
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 the same law
less character. Now what do we see? An ig-
norant man is accused arrested false war
rant, taken before the judge at a late hour of
night, and required to give bonds in $500 under
which he was restrained for two months, when
he was discharged, nothing having been adj
dnced in the least sustaining the false allega-
gationE made up by Judge Page. There is not
one single thing in this proceeding
from beginning to end done legally.
Then again, Judge Page acted as prosecutor
and Judge. Had he have had the decency to
case, it would not have been SO bad; but all
decency and honor was left behind. The eGtire
proceeding was in fact bill of discovery. He
wanted to go for Judge HARDWOOD, for French
and Others and he used this trumped up
charge to find out what he wanted in reference
to those men. The annals of courts will be
eaarcho1 fNr q ,,$forlS, iyI oEouno nf la az
and decency as this, and where so many false
hoods were used by the court to secure his
ends, upon these acts constituting the gravest
misdemeanor in Office, the Judgment of the
Senate 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
impor1an 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 b ad
been to him.
Mr.. Clough having taken his seat Mr.. Davis,
of counsel. addressing the President and
Senate, said he rose for the purpose of asking
the Senate to adjourn till Tuesday morning
next. His desire was to argue the case before
are to be considered. Considerations of law
and fact SO numerous and complicated as in
this, both in justice to himself and his client,
and the Senate, 1T would be readily admitted
cannot be entered upon thoughtlessly. So far
as respondent is concerned, he has been the
victim of series of m1ishaps in the conduct of
this case. Uunder the arrangement
made as well known to the
Senate, MIR. Lovely was to precede him Mr..
Davis) in summing up for the respondent, and
to assist him in looking up authorities and ar
ranging the facts for the final acquittal. Day
before yesterday, Mr.. Lovely, who is county
attorney, was called home. He then confidently
from him yesterday, brought the intelligence
that he was sick with a low fever. To-day this
was confirmed by telegram from his physician
stating that Mr. Lovely was confined to his
bed, and would probably not be able to leave it
for a week. Mr.. Losey, of La Crosse,
the other counsel, had been absent
yesterday. He had fully expected to remain
but last night he was called home by a tele-
gram requiring his attendance i'll his seat as ;
member Of the city council, which was about
to pass upon an important matter. 1t was
! therefore evident he had been unable to pre-
| pare for the submission of an argument. Fol
| himself, in the more than thirty days since the
trial commenced, he had given his entire tim.
| to the case, attending every sitting of thu
senate continuously, and assisting in the prose
| cution of the as it progressed. The strain
upon his physical endurance, to say nothing Of
| the mental labor, would be acknowledged
Mr.. Losey might, perhaps. speal
briefly, out the real labor devolved upon him
He had been preceded at length by Messrs
Gilman and Clough, of whose arguments b
! had made elaborate notes. To arrange his an
swer, put it into shape for connected, logica
argument, such as the Importance of the cas-
and the dignity of the body sitting in judg
ment demanded require both time and labor
! adjournment to the good Judgment of the Sen
tate.
Senator j. B. Gilfllan moved that when tn
Senate adjourn it be to the usual hour of Tues
day next.
Senator Macdonald asked Mr.. Davis if Mon
day afternoon would not suit him as we'll.
| MIR. Davis said he would be willing to pro
| coed then if he could be assured of full Sen
ate, but Tuesday morning would suit him bet
| ter.
Senator Macdonald said it was impcrtan
that the case should be concluded by Saturda,
| night next. For himself. he could not attene
after that day without great loss to himself
and other Senators were in the same situation
In reply to question, Mr.. Davis said h
thought he would not occupy more than tw
days in his argument. Further, if necessary
he was willing to attend at evening ses
! sion.
had, when the motion of Mr.. Gilfllan that th
al. Io olor