Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-02-21


other deputy at that term of court who was
duly paid for his services as such deputy. Tie
conversation between Vaudeville and the Judge
was after adjournment of court.
THE TWELFTH CHARGE.
No evidence whatever was offered as to the
first subdivision of the twelfth specification. As
to the second subdivision of the twelfth speci-
tication, your committee find the matters
therein stated to be substantially true, includ-
ing the report of the grand jury: that at the
March term Of the district court held in Now
er county, A. d. 1877, Judge Page, in his
charge to the grand jury, charged in substance
that the said grand jury were to inquire into
the conduct of the county officers generally;
that he had been informed of certain irregular
tiles in the Office Of the county treasurer in
connection with business transactions with the
county of Clayton, and that it would be the
duty of the grand jury to investigate that mat
ter; that it had been reported to him that
there had been an order accepted or taken by
the county treasurer which had been previously
paid; that Judge Page also stated to said grand
jury that he had been informed that the coun-
ty auditors office had been and was being used
for public gatherings outside of Office hours in
the night time, but he did not charge that such
use of the auditors Office was an indictable Of
tense; that on Wednesday of the second week the
grand jury returned into court and asked for
further instructions upon the law applicable
to the case of the county treasurer receiving
town orders that prior to this time said grand
jury had not requested or received from the
court any instructions with reference to this
matter except those given in the general charge:
that the charge then stated to the grand jury
the law, and what was misdemeanor in office;
that the grand jury then retired to their room
and on Friday evening thereafter brought in a
report in regard to the county treasurer Office
in the form of resolution, being statement
of facts substantially as follows:
NJ T1oL, i H.
in the county treasurer's Office sufficient to
found a presentment upon,' and that the grand
jury then retired, and upon Saturday
morning again returned into court
and reported; that Judge Page there
upon stated to said grand jury that there
was something strange to him in regard to their
reports; that the jury seemed to be perfectly
clear about everything except the report in re-
gard to the county treasurer's office; and that
there was something strange about it, and that
he could not understand why the jury was SO
10th to act upon the matters that he had first
laid before them; that Judge Page then refer
red to the paper that was handed in report
Of the county treasnrer's office. and said that
lit was not a report but irregular, something
in the form Of resolution, and not signed by
the foreman that said judge then added:
''The jury will retire to their room and present
to me the facts as they find them in the county
treasurer's office, the same as they have done in
other cases. that the grand jury sub
sequently came into court for instruc-
tions upon the law points of the case,
which the judge gave them. This was on
Wednesday, and on Friday evening the grand
jury brought in a report that they could find
no irregularities in the county treasurer's office
sufficient to found an Indictment. On that
they then retired and on Saturday again came
into court and reported; that Judge Page said
there was something very strange about
their report in regrrd to the county bust
ness, and after further remarks in similar
strain ordered the jury to retire to their room
and present the facts as they found them in the
t1easurers office, as they had done in other
cases; that the grand jury again retired to their
room, and in a short time made out report of
the facts as they found them in the county
treasurer office and then returned into court
and presented said report to said Judge; that
Judge Page then read the law as he had done be-
fore and stated that if the jury had evidence to
substantiate the facts that they had presented
to him, it was misdemeanor in Office, or an
indictable offense, and proceeded to read from
tn statutes and to explain what constituted
misdemeanor in Office, and also stated in regard
to these facts that this was misdemeanor in
office and directed said jury to return to their
room and take action upon the same; that
Judge Page then and there stated to the jury
that ne could not control the action Of the
grand jury, and that they could do as they
pleased or pass upon it as they saw fit or words
to that effect; that the grand jury then retired
and after celebrating for a short time
again returned into court and reported
no further business; that Judge Page
thereupon stated to the grand Jury:
Gentlemen, if the facts as YOU report to me-
were substantiated by sufficient evidence, it
was your duty
TO FIND AN INDICTMENT;
you are personally responsible after You have
been SO instructed upon the laws" and he also
added, shat it was not the province of any one
to stand between law and JUSTICE he there
upon discharged the grand jury; that the grand
jury had not prior to this time asked to be dis
charged en- tl that Immediately upon the discharge
or the grand jury Judge Page turned to the
county attorney and in substance said that he
should draw up complaint such as upon
which warrant might issue and to investigate
the matter of the county treasurer, and to
cause said county treasurer to be arrested and
brought before him, said Judge, on said COM
plant; and that said county treasurer, Mr.. Ing
mundson, was so arrested and brought before
Judge Page for examination, after which he
was held for appearance at the next term of
the district court in the sum of one thousand
dollars ($1 ,OOO); that at the close of the said
examination of said Ingmundson. Judge Page
used in substance
THE FOLLOWING LANGUAGE
to said Ingmundson: s'That he Judge Paee)
did not suppose that it would be necessary to
put defendant under bonds; that he supposed
he (said Ingmundson) would appear on his
own recognizance at the next term of the dis
trict court; but he said there was Huntington,
treasurer OF the town of Dexter, one would
suppose by looking him in the face that he was
an honest man, still he was defaulter, and
there was Sever O'Quam. Every one would
take HIM to be an honest man to look at him.
and yet he was defaulter and he Judge
Page concluded that he would put the defend
anti rr]oro III,
pearance at the next term of the district court :;
and that Judge Page also stated in the same
connection that he had been informed that said
lngmundson had talked slanderously of him
said judge throughout the different parts of
the county and in the city of Austin
And your committee also finds that some of
the said acts OF said Judge with reference to
the county treasurer's office, and to the said
county treasurer were unjustifable, and done
with an arbitrary and undue assertion Of Judi
cial power in the supposed interest of the pub
lie, and to crafty meddlesome and dictator
| lal spirit on the part of said Judge
THE THIRTEENTH CHARGE.
AS to the matters contained in the thirteenth
specification the testimony adduced before the
committee does not show the same to be true.
THE FOURTEENTH CHANGE.
As to the matters contained in the fourteenth
specification, your committee finds;
that at the general March term
of the district court for Mower county
held A. D. 1878, one D. H. Stimson was deputy
sheriff of Mower county; that an execution had
been issued and placed in his hands, the same
being in the form of an ordinary execution in
civil actions for the collection of debt; that
the grand jury reported that said Stimson had
collected the sum of twenty dollars ($2O) on
said execution and thereof had turned over
the sum Of fourteen dollars and fifty cents
($l4.5O) to the clerk of the said court and had
| retained the sum of five dollars and fifty cents
G$55O) claiming the same as his fees; that
Judge rage called said Stimson up in open