Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-26
ARTICLE TEN.
THE PRESENT STUMBLING BLOCK IN
PAGE INIPEACHMENT.


Respondent Moves 1t Be Quasllcd, for the
Reason It is Vague and Indefinite, and
Does Not Contain Specific Allegation
Argument Sends the Senate Into Secret
Session, from Which It Emerges Only to
Adjourn, Without Deciding the Conun-
drum Raised Examination of Witnesses
Tomorrow.
The sitting Of the impeachment yesterday
was attended with no special feature. The
usual array of witnesses were present as spec
tators but the ticket rule having been put In
operation, more of them found resting places
than before in the gallery. Immediately after
the roll call Senator c. D. Gilfllan offered the
following, which was adopted:
Ordered, That only witnesses who are ex-
amined for the prosecution or defense, whose
testimony is material to the issues, shall be
paid fees and expenses, and Of the materiality
Of the testimony of each witness the court
shall determine.
Mr. Davis of counsel for respondent, said he
conceived it proper time to bring before the
Senate their exceptions in the shape of de
murrer to article ten. He argued that in this,
as in any other proceedings, person accused
of an oifense is entitled to specific allegations,
SO that he might know what he had to meet.
He had never heard that man could be tried
for his habits extending over five years, or for
his personal demeanor, and if he could, he was
certainly entitled to specific allegations.
Senator j. B. Gillian, interrupting, said he
understood the managers abandoned the tenth
article.
Several of the Managers-We have not. We
depend upon all the charges.
Mr.. Davis, further continuing, said he
could assure the court respondent had
subpenaed only witnesses material as
to the allegations down to charge ten,
and it would be evident to the court that if
such indefinite and scattering charges as are
contained in that article where allowed to
stand, the limit of the investigation could not
be told, as respondent would have the right to
summon from all parts of the State witnesses
to refute the specified allegations were de-
veloped on the trial. The manifest injustice
of the proceedings were self-evident. He there
fore moved that the tenth article be quashed.
Senator Nelson-As a member of this court
there are two questions would like to hear
discussed. First, has respondent the right to
demand a bill of particulars, and it so has the
Senate the power to demand such bill on the
part of the managers.
Mr. Davis said person could not be tried
furnished articles twenty days. An article 80
general in its terms as in this case, did not
furnish respondent with such notice of the
offense alleged contemplated by law and
practice in that it did not furnish him with
any specific allegation, thus depriving him of
the power to interpose denials.
MIR. Mead, of the managers, had no doubt the
Senate had the power to compel the presenta-
ton of bill of particulars, and the managers
would be ready at any time to furnish such
bill AS to the tenth article he argued that it
stated an improbable offense, and it was suth-
GENTLY specific to meet the requirements of
practice and precedent. Mr.. Mead read from
authorities to sustain his position and con-
cluded his argument with the assertion that
all other articles failing, the managers expected
to be able to convict upon the allegations con-
tanned in the tenth article.
MI. Davis replying, said the last statement
of Mr.. Mead developed the latent intent Of
that tenth article-that respondent purging
himself of the other allegations made against
him, the learned managers under this vague
and indefinite charge, intended to spring upon
respondent a flood of allegations of which he
had no previous notice, and which, from their
very nature and the manner of presentation,
he could not meet. Mr.. Davis then proceeded
to re-argue the point that the article did not
contain specific charges, quoting literally from
eminent authorities in support OF his position
that such specific allegations were necessity
Z
Manager Mead replied reading from Storey
to sustain his. position that in impeachment
trials the strict rules hedging in and about
court trials cannot be employed.
The argument concluded, the Senate went
into secret session upon motion of Sanator
Edgerton.
The doors reopened, the president said he
had been instructed by the court to say that no
conclusion had been reached on the point
raised, but had taken it under Amusement un-
til the Monday session, and then inquired If
the managers were ready to proceed with the
examination of witnesses.
Manager Mead said they were, and indicated
Mr.. D. 8. B. Mollison as the first witness.
The president directed that the witness stand
be prepared, but Mr.. Davis, of counsel, inter-
rupting said that while he did not wish to de-
lay business he desired to state to the Senate
that under the division of labor of counsel
that of the cross-examination of witnesses had
been assigned Mr.. Losey, of Lacrosse: who had
been called from the city and could not be in
attendance to-day.
Senator Nelson-At what time will the coun-
sci be ready to proceed Mondays early as 8
o'clock?
Mr.. Davis-The hour named is carly, but we
will be ready at any hour the court may decide
upon.
Senator Armstrong-Some of the Senators
are compelled to be absent Monday forenoon
myself among the number. / therefore move
we adj Ourn to P. NJ. Monday.
Senator Hall did not think such an adjourn
ment was advisable. Over a hundred witnesses
had been employed in the case, and tho ex
pense of the trial was matter of vital moment
to the people, who would think there was some
thing wrong in thus frittering away valuable
time. It was important that every hour OF
time possible should be improved. He trusted
there would be no such adjournment as pro
posed.
Senator Nelson while recognizing the urgen,
necessity of putting in as much time as posi-
BILE in the investigation, also recognized what
was due to the counsel. There was grea
amount of work in the preparation and conduc
of such a case and upon the statement Of Mr.
Davis that they would be ready to proceed
Monday morning, he would move to amend tn
motion of Senator Armstrong to adjourn to
o'clock Monday morning.
Senator Edgerton suggested that the amend
ment be simply to adjourn.
Senator Nelson accepted the suggestion.
Senator Doran did not think there would b
much more than quorum, If that number
present Monday morning. Many of the Sena
tors had pressing private Us well as public bus
mess to look after, and it was not unjust to th
interests of the State that they should hav
half day to look after pressing private affairs
He believed the adjournment better be to th
afternoon, and meet the situation squarely.
The President Senator is out of ordel
A motion to adjourn is not debatable.
Senator Doran-But I am all right. I hav
said what wanted to. daughter.
Senator Henry endeavored to speak, but tn
President put the motion TO adjourn, and upo
the response, declared thecourt adjourned t