Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1878-09-26


W. Clou8h. upon the several Articles
OF Impeachment Preferred by tho
House Of representatives, Against
Sherman Page, Judge of the Tenth Ju-
diciai District, of tho State Of Mime
sofa.
In reference to Article 1st.-In the first
place, think there was improper con
duct on the part of the judge in procur-
ing the Indictment. According to the
evidence Of A. W. Kimball, a lnrge part
of his charge consisted in talk about ii.
bel. If judge in his charge to a
grand jury figures up and nagnif1cs
small things, and makes them think that
crime has been committed when there
is none. Ito crafty his personal spite) l
consider It improper and corrupt. That
there was no libel in this case has been
who tried ii not hesltating moment. I
heard the trial and thought 1t was small
matter upon which to base a charge Of
libel. know the mode by which in.
dictments have been procxrcd and this IS
no exception.
Second. think the bail bond exccs-
sive and oppressive. $500 bail for a
poor man who had simply written a
harmless criticism Of the judge in a
time of political excitement, seems to me
most unjust and oppressive, and is in my
mind an exhibition of malice, incompati-
bic with the principles of good will to
n en- that ought to actuate a Judge
That the bail was excessive appears by
the bail he required in other cases, Zone
in evidence, MIR. Frcnch) There was a
noted forgcr through our county by the
name of Pugh, protesting to be the owner
of certain lands, and forged deeds and
sold large amounts-committed crimes
enough to imprisOn him ten times the
life of one man, and Judge Page admit
ted him to bail ir the sum of $500. What
a contrast! Are they both right! I can
not account FOR the difference upon the
theory of an innocent error of judgm ent.
There must have been some malice in the
one case, or some deep corruption IN the
other. cannot avoid the conclusion.
Third. It is clnimed that Judge Page
did not give Mollison his constitutional
right of a speedy trial. Judge Page
knows that every man is entitled 10 a
speedy trial by the constitution. When
he enters upon the duties of his Office,
he takes an oath to support the constitu-
tion Of the State of Minnesota, and that
constitution guarantees speedy trial
During all the tour and One.half years
during which this Indictment was pend.
ing, it appears mat there was barely one
opportunity given for trial, and accord
ing to evidence of Mr.. Cameron, (Which
I believe) there IS great doubt whether
he ever had any chance for trial at all.
1t seems to me that this is long time
to hold man under heavy bail bond,
and the suspense and obloquy that natur-
ally attaches to such an Indictment, in
fact, the whole transaction in regard to
Mollison savOrs so strongly of judicial
bullyism, that I could not give it my
sanction by voting not gusltV.
Article 2 accuses Judge Page Of going
among the county commissioners and
advising them in regard to the legality Of
the bill OF Thomas Riley, and causing
them to disallow the claim, and then af.
terwards sitting jndicially on the same
| thing and deciding the matter in accor-
dance with opinions previously express
cd, and thus prejudging the case. Eve ry
portion of the charge Is fully sustained
by the evidence on both sides. The judge
seeks to justify on the ground Of being a
citizen and tax payer. If he was so
much interested as a tax payer, then sure
ly he should not have acted judicially,
for the law expressly prohibits a judge
from acting in cases IN which he is inter-
ested, but, I think that the evidence
shows that he wanted to spite Thos. Riley,
therefore it was malicious. A good and
upright judge will carefully avoid con-
troversy IN which conflicting claims are
discussed, knowing that they are liable
to come before him for judicial action.
If he does not do it, he IS corrupt.
Iregard the judge as very much out OF
his place before the county commission
ers. l believe that the evidence forces
me to the opinion that he was there fol
q corrupt or malicious purpose. By this
action a poor man lost about $40 o1
money honestly earned by obeying the
lprocess of his own court. What would
we think of q man who would hire other
men to do his work, through clerk, and
then take such action as to cheat the Ia
borer out of his pay; yet this is what
Judge Page has done in this case. The
man was obliged to do his work (serve
the subpenas) would have been liable to
punishment had he not; yet this is tht
1result. If this Is judicial honesty, Goo
save us from dishonesty.
The plea that he was anxious to pro
tect the public treasury has but little sig
nificance when we know that no man in
our county has cost the county such sums
of money or been half 50 lavish of pub
II lie funds. That he prejudged the cas.
there can be no doubt. That he did i
! malicso,lsly and c0rruptly IS also certain
and clear in my mind. @2" H.
} Article 8. Here again the Judge il
, charged with .prejudging the case OF ont
Vaudeville, and cutting off his pay fol
. services performed as special deputy o
court, to the amount of $15. E. .:.,..
!. The evidence clearly shows that til,
services were performed and that tn
; Judge recognized and used him as sucl
deputy, and further, that after the tern
was over, he corrurtly made an orde
dating it back to the beginning Of th
term, transferring the pay to one Allel
who was shown to have rendered no SCI
. vices q part Of the time at any rate. Cleal
. " usurping the authority to determin
: who the deputy shall be, power tha
i belongs entirely to the sheriff. Again b
, justt6es it by his great anxiety 0protec
1 the public treasury. At the same tim
! the record and the evidence show that Il
, gave the peoples money to this Allen fo
, services that he had not performed.
: cannot account for such course I
I 49,. ,-RAN ~ Sn~H