Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-01

rba sixth Article Still Under Considers
Hon-Counse1lor Losey Gets Hold of a
Tartar in II. A. Jones-A Question by
Respondent That Forces a Secret Session
With the Usual Result-Adtournment to
Monday Afternoon.
At $50 yesterday morning the high court of
Impeachment resumed its sitting with fewer
Senators in their seats than at any time since
the commencement of the trial. For the first
time too, Judge Page, the respondent was not
in attendance. The event of the day was the
CROSS examination of Hon. r. A. Jones by
Mr.. Losey, of counsel. It was in fact reali-
zation of the truth of the old couplet, when
Greek meets Greek then comes the tug of war +"
The court, especially the lawyers, enjoyed the
encounter greatly, eagerly watching the attack
of the willy questioner, and the parry of the
no less alert witness, the combatants them
selves apparently taking equal satisfaction in
the contest. ..
R. A. JONES
was the first witness at the impeachment trial
yesterday. He testified was present at the
March term of court 1877, Heard portion of
the charge of the Judge with reference to the
treasurer and auditor. The judge said he had
been informed of some matters it would be
their duty to investigate, the Judge said if
what he had heard was true the treasurer ought
to be indicted. Abiding to the conduct
alleged against the auditor, the judge said if
true it was subject of Indictment or present.
ment. The Judge charged the jury in relation
to the treasurer three times at that term of
court. The second time the jury handed the
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treasurer's Office were open and notorious, and
constituted u felony. He said then the jury
had nothing to do with intent, the fact of the
violation Of the law was all they had to do
with. The third time the charge was to the
same general effect. The judge seemed to be
extremely excited. When Judge Mitchell pre-
sided he took the calendar, and perhaps called
criminal calendar, when County Attorney
Wheeler informed him that the criminal calen-
dar had been continued to the general term.
To Mr. Losey-Charge to the jury was moth
ing unusual. Charge was not general but spe-
oifo. Did not hear the jury ask for lnstruc-
tons. If the record showed instructions were
memory. Was there as the attorney of Ing
mundson. First knew that Ingmundson had
been in the jury room until the judge charged
the Jury on that point. Know that such at
tendance would vitiate the indictment. Had
not talked to Ingmundson about such visit,
and have not since Prior to Page being Judge
my sentiments were very hostile to him.
before Judge who has treated me more fairly.
Senator J. B. Gilfllan asked the witness the
following question: Please describe particu-
larly and definitely the appearance, manner,
and tono of Judge Page in charging the grand
jury respecting matters in the case of the
county treasurer and county auditor at each of
the three several times as to which yon have
testified.
Answer-Don't know how it's possible to an
swer that.
During the first charge his language was I'M
exceptionable. His manner was quite excita-
ble he looked white, his eyes looked anger and
he talked loud. The second time the same
form. Third time: Well I don't know how to
answer; terrific is perhaps exaggerated word,
but don't know another to supply it.
To Mr.. Long-Page is a positive man, decid-
edly so. Firm in court. His tone of voice at
the times alluded to were very largely in
creased over ordinary occasions, should say
the volume was increased double.
W. wILKIN
is an Austin banker. Was present part of one
day at the March term, 1877. Grand jury came
in. The charge of the judge at that time was
in relation to irregularities in the auditors
Office. He charged the offense was indictable.
Also charged if the com n,issioners sanctioned
the proceedings, they should also be indicted.
His language was loud and his general appear
ance excited and angry.
CrOss-examined-Mr. Wilkin said he did not
think the Judge read any statute at that time.
Not particularly friendly to Page. Friend of
Igmundson' He deposits county funds in
my bank. Paid him interest part of the time.
Don't know how long. Have paid thirty-one
dollars and some odd cents to this prosecution.
H.
reputation Of Page as to vindictiveness and
impartialitv.
Mr.. Davis objected, and the President decid-
cd it not proper question.
c. c. CRANE
was called and sworn. Resides at Lansing. He
testified he was a member of the grand jury,
March term, 1877, acting as clerk. Mr.. Cranes
testimony as to the charge of the judge as to
irregularities, and the proceedings, substanti-
ally correspondent with that of previous wit
ness. Page called at my place in July after
court adjourned and after the bar committee
meeting. Page spoke about an affidavit, and
said if he had known Ingmundson had been
before the jury he would have been more severe
than he was.
Cross examined-Knew Ingmundson was in
the grand jury room but was not instru-
mental in getting him there. Did not hear
the judge charge upon that point. Think the
judge charged the jury twice in reference
to the treasurer's Office, jury did not ask to
be discharged until they we're finally dis
charged.
Mr.. Losey asked the witness as to the testi-
mony upon the grand jury in relation to the
Clayton town order, showing that 1ngmundson
knew of the questionable transaction he was
being party to.
Mr.. Clough of managers objected, FIRST be-
cause the question was not proper in cross ex-
animation, and second because the secrets of
grand jury could not be divulged by member.
Mr.. Davis, of counsel, argued as to the ad-
INSTABILITY of the question, that the present
trial was one OF the exceptional cases provided
for in which testimony giving proceedings be-
fore grand juries can be divulged.
Mr.. Campbell interrupting, suggested that
argument might be avoided at this time by
allowing the Senate to decide as to the first
objection, that it was not cross-examination.
Mr.. Davis-I call the honorable gentleman to
order. I do not consent to the interruption. I
am now answering the second objection, but
before get through I will answer the first.
Mr. Davis then proceeded with his arguments,
quoting at length from numerous authorities
in support Of his position.
Mr.. Campbell, of managers, answered Mr..
Davis at length, taking the ground that the
question could not be answered without expos
ing the secrets of the grand jury in violation of
law.
Upon motion of Senator Nelson the Senate
retired to consider the questions involved, and
upon reopcning the doors took recess to 8
P. N.
Secret Session.
The Senate spent nearly an hour and half
in secret session considering the questions in
volved, which were disposed of by the adoption
of the following resolution, offered by Senator
Edgerton:
Ordered, that the question proposed by the
is not proper cross-examination.
Senator Waldron offered the following:
RESOLVED, That we have no more secret ses
sious for the purpose of considering the admis-