Daily globe., 1878-05-28

Senator Nelson offered a resolution that coun- |
sci for respondent and the managers be re-
qucsted to re-argue the questions involved in
the motion of respondent to quash the tenth
article.
Senator Edgerton endeavored to say some
thing upon the notion but was called to order
by the president, with the remark that the
rules did not permit debate, and Senator Mel
sons motion was adopted.
motion by Senator Edgerton, that the
officers of the court be allowed the same COM
pensation as officers of the Senate, was adopted.
Mr.. Mead, of managers, said as they con- |
sidercd article ten Of the most important
of the charges made, and no testimony
would be introduced for two or three days,
bearing upon it, they desired that the further
consideration of such article, as ordered by the
court, be postponed until there was full
Senate.
Senator Edgerton-I move we go into secret
session. This delay is adding greatly to the
expense of this trial, and the Senate should
consider the necessity and advisability of re-
opening argument before deciding to do SO.
The motion was adopted and the chamber
cleared.
The doors reopened, the President announced
the Senate had decided that the managers
should proceed with the introduction of evil
dence this afternoon, and that tomorrow (this)
morning. if desired, the argument upon the
motion to quash could be renewed
D. s. B. MoLL1soN.
Manager Mead then called Mr.. D. s. B. Mol
lison as the first Witness he being the D. s. B.
Mollison mentioned in the first article of the
charges indicted for an alleged libel upon
Judge Page, and that thus indicted Judge
Page wrongfully and maliciously refused to
permit such case to be tried for a term of
years. Mr.. Mollison having appeared and be-
ing sworn, proceeded in answer to questions Of
Manager Mead, to tell his story, which show Of
non-essentials as follows:
He resident of Mower County, living
some II miles from Austin. In September,
1868 he arrested on an indictment found
against him and taken before the district court
then in session at Austin. Judge Page presid-
ing The following Monday he was arraigned.
The witness detailed at some length scene
that happened when the indictment was bein e
read, accusing Page of addressing him in a very
boisterOus manner because he needed his head
threatening to commit him if he did not COM
port himself more respectfully. The indict-
ment read, Mr.. Morrison plead not guilty, and
Judge Page held him in $500 bail. He
was then proceeding to tell what
took place between him and his
friends. when counsel interposed an
objection, the Senate sustaining the objection.
Continuing his story Mr.. Mollison said he told
Page, he did not propose to give bail, but
wanted his trial, but that Page said he would
have to get some other judge to try the case.
Mr.. Mollison then went on to testify that he
appeared at the March term in 1874, when the
case was called and again put over though he
announced in loud tone Of voice he was ready
for trial; again in September, when the same
proceedings ensued; again in March, 1876, at
which term the cases were called by numbers
instead of by titles as at previous sessions. At
the September term of the same year and at
the ensuing March term, the same line of con-
duct was pursued, Page putting the
off upon the excuse that he had been
unable to secure another Judge. At the
following September term, being determined
to bring the issue to trial. Mr.. Mollison said
sheriff, and appeared in court, but Page made
no announcement as to his case. He, Mollison,
also testified he ready for trial at every
term Of court, and that neither by his own act
or by that of his attorney, Mr.. Cameron, or the
county attorney, Mr.. Wheeler, had he consent
ed to continuance.
MIR. Mollison was cross-examined at some
length by Mr.. Losey, who elected from Molli-
son that, when arrested, and before he had
given bail, and was presumably in the custody
of the sheriff, he staid with friend over Sun
day. He also acknowledged that Judge
Mitchell held a term of court for Judge Page
in July, 1874; that he was in Austin at the
time and in the court. but made no request for
his case to be called. Neither did he hear his
called by Judge Mitchell. He also testi-
fed he was informed no jury had been sum-
moned for that term of court and that to his
that term.
He further acknowledged that at no time had
the witnesses been in readiness, but claimed he
could have been in readiness at any time to
proceed in a day or two after notice had been
called.
On the redirect examination Mr.. Mollison
testified that he thought Page was angry when
he fixed his bail at 81 500, and reiterated his
statement about Judge Mitchell not calling his
case as to there not being any jury present.
MIR. NJ. H. DAVIDSON,
Of the firm of Davidson & Bassford publishers
of the Austin Register. in which paper the
communication of Mr.. Mollison, claimed
to be libellous by Page, appeared, was the
next witness. Mr.. Davidson testified as to his
indictment for the publication of that article,
and was going on to tell what occurred between
him and Page in reference to such publication
before the Mo!lison Indictment was found.
when objection was made by counsel that such
conversation was foreign to the charge made,
and that the managers had no right to carry
their examination beyond the distinct PROPOSE
tion made in the charge. No allegation had
or illegally indicted, but simply that having
been indicted Judge Page kept him upon ten
ter-hooks by refusing to give him a trial
Mr. Clough, Tor managers, argued that the
evidence was essential as going to show the
mind OF Judge Page in first inaugurating the
plOnCCuVioH' UuCu IC1uS1uS Cr1al. Nlr.
Clough argued the point at some length, at the
conclusion Of which the court by vioe voce vote
decided not to receive the question.
Manager Mead then changed the question,
and Mr.. Davidson was proceeding to answer,
and had got as far as stating he had an inter
view with Judge Page in his Office when counsel
interpcsed an objection. and the managers
argued for the admissability of the evidence
for similar reasons advanced as to the previons
question.
The argument concluded, Senator Nelson
moved the Senate retire to consider the a question
Senator Doran-Before the Senate retires I
wish to submit an order that counsel hereafter
refrain from argument of evidence until the
final summing up of their case.
Senator Nelson-I now renew my motion that
the Senate retire to consider the point raised
by counsel and the order.
This secret session lasted about three-quarters
of an hour, and upon the doors being reopened
the president announced that the Senate has
adopted an order that inquiry can be had into
all matters of Judge Page in reference to is
sues involved in the Mollison Indictment, and
as to his feelings toward Mollison, and that
the evidence may cover the time before as |
well as after the finding Of the indictments. |
Also, that he was instructed to say to counsel !
that In this argument of objections they would |
conhne themselves to the question before the |
couft, without comment on the evidence sub. |
hr. Davidson then went on to tell that some