Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-03-03
TURNS OUT THIN.
WHICH WIS THE RESULT or THE
CHARGES AGAINST JUDGE COX.
The Committee Take Evidence Relative
to Judge Cox's Conduct at Fair1nont---
The Charges Not Sustained---The Com
mittee Prepare Report Generating
Him.

House to investigate the charges against
Judge E. St. Julien Cox, relative to conduct
on the bench at Fairmont, Martin county,
held it's investigation yesterday afternoon.
The committee was composed of Messrs. 5.
j.. Campbell, J. P. West Day, Edison and
Bohan. Besides the committee there were
present Judge Cox, his attorney, James
Smith, Jr., and Mr.. Goodrich, who appeared
as prosecutor and The GLOBE reporter. The
public at large we're excluded, owing to the
small capacity of the room. AS neither
Judge Cox or the committee objected to re-
porters being present, they were allowed to
remain, and, for once, an investigation was
affair. AS the evidence progressed, it was
very apparent that no case would be made
out, and the accused judge was speedily re-
lieved from anxiety, if he ever entertained
any. The following comprises the proceed
jngs, the witnesses sworn being from Martin
county:
Il. Faaacher
having been sworn, testified substantially as
follows: Am clerk of the Ninth judicial circuit
and reside in Falrmont. Court met on Jan
nary o. 1877; Judge Cox opened the court at
J. D. M. Judge Cox when he arrived in
the town at II 80 at the Fairmont House; Mr..
Dunn, of Winnebago City, seemed to be with
Cox, and introd uced the latter to witness; did
not see him drink Intoxicating drink there or
at amy time during the session of the court; at
tlc first meeting of the court Cox was sober:
could not say that he was intoxicated at any
time during the session Of the court; would
not swear to it; could not swear that he was
intoxicated at any time. Witness detailed the
opening of the court. Cox opened the court
most intelligently; his charge to the grand
jury was generally commented upon mas
terly effort. Cox being stranger to witness,
the latter particularly watched the former;
Cox evidently understood his business; the
irstday, the court adjourned at about SO clock;
the calendar called and all the
business transacted on time; Cox was
prompt and expeditions, and warned attorneys
to have their ready; Cox never used any
profane language on the bench; Cox never APP
pealed to witness in this language What in
hell is it this court wants to do?" There was
nothing of the kind during the term of the
court. Cox had evening sessions during the
second week; his conduct was just the same
then; said nothing that would lead witness to
swear Cox was intoxicated; Cox acted a little
odd once twice, but witness could not recall
when why; it was pretty hard session;
never thought Cox was drunk until it was men
toned to witness afterward never recollected
telling any one he thought Cox was drunk; on
the ninth evening of the court noticed Cox
acted odd; that is, Cox appeared tired and
sleepy; Cox neither by deed, act or word while
on the bench did any thing unbecoming a
Judge; did not scarcely meet Cox out of court
hours; Cox's charge was clear and compre-
hensive; there was a large audience who pro-
nonnced it "a good affair.
Cross-examined by Mr.. SmiEfl--There was a
badly contested case lasting five days, during
which Cox held night sessions; had long hours
it was on one of those evening sessions that
Cox appeared odd and tired; witness acted
clerk all the time; in constant attend
ance: on that long day, court opened at u. m.
and closed at l0 p. M; IT witness had not
heard that Cox in the habit of drinking,
witness would never have mistrusted.
William Bird, Jr.
being sworn, testified materially as follows:
Am sheriff of Martin county; was present at
the opening of the court; first saw Cox at the
opening of the court, Immediately after dinner;
never saw Cox before; never saw anything on
that day about Cox when on or off the
bench that indicated intoxication; never
saw anything of the kind during the whole
term when Cox was on the bench or off it, saw
Cox drink at a private house after court adj
journed never saw Cox "beastly" intoxicated;
never saw Cox so that he did not know what he
was doing; never heard Cox use any profane
language on the bench.
CrOss-examined by Mr.. Smith--Was substan-
TALLY present all the time.
BY Mr.. West-Never in saloon with
Cox; only saw Cox drink at the private party.
Hon. u. Il. Ere1ett
having been sworn, said: Reside at Fairmont;
was present at the January court for small
portion of the time; was foreman Of the second
grand jury; never saw Cox until second, third
or fourth day of the court; could not say if
Cox was ever drunk, witness did not know
the accused; there was great excitement at one
time petit jury @eni1e; then Cox ap.
peared different from usual, and witness con.
:sidered 'intoxication what allied him.
{Cox); the witness could not recall
any special word or act OF
Cox at the time; the attorneys
were opposing each other about the ,eniae for
petit jury, and there was much excitement
saw nothing in Cox unbecoming Judge: Coz
gave most strict charge to the grand jury
one of the best to which witness had ever lis
tened; in witness presence Cox seemed to dis
charge his judicial duties faithfully; never saw
Cox intoxicated off the bench.
CrOss-examlned by MI. Smlth-The wrangle
was among the lawyers; knew the lawyers, bu
did not know Cox, SO was not we'll able tt
judge of the latter's condition; had heard Coz
was in the habit of drinking, and, therefore
watched the accused closely.
By Mr. West-Did not remember calling any
bodys attention to Cox's condition.; severa
spoke of the matter outside the court; the tall
was not general outside the court room: Co,
and witness had talk after the wrangle; Co,
said he had been asked by a saloon keeper hoy
much Cox intended to fine the saloon keeper
to which Cox said he had answered that thu
saloon keeper could look up the statutes ant
find out and Cox would give him the full ex
tent of the law; witness said to Cox, ''Whel
you are the bench you are Judge Cox
and when off the bench you are MIR. Cox
Cox replied, Il am Judge Cox on the bench
and whiskey Cox off the bench paid no at
tention afterward to Cox's language during tn,
wrangle, but witness thought Coxs Language
was not very dignifed paid more attention t,
Cox's actions than words.
Replying to various parties-Thought tn,
Fairmont petition was correct had not talked
with the sheriff about the matter.
HsBy Mr.. West-Never saw Cox before tn
term all the acquaintance I had with him wa
formed in the court room the conversation
spoken of occurred after the wrangle over tn
seniye the Jury to be called thereby would
have to try lot of whisky cases Messrs
Blaisdell, Wilkinson and Yale were the practic
ing attorneys before the court could not re
call the words unbecoming judge had hear
reports before derogatory to Cox.
III. ". BEuisdeZI ESQ.,.