Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-08

Justice for his triumphant acquital. As at the
asst great day when the trump shall sound,
md when all mankind shall assemble before
God, to have justice meted out to them for the
such justice here, Senators, as you expect and
hope to have melted out to you at that last day.
thank you for your attention.
Testimony for Respondent.
Immediately upon the conclusion of MI.
Losey's argument. the examination OF
witnesses for respondent commenced.
JUDGE DICKINSON
being the first witness called and sworn, |
testified: am of the sixth judicial district
Judge Page in the autumn of 1875 made an ap-
plication by letter for me to hold an adjourned
term of court for him; did not go as request
ed. and in October, 1876. received another
letter, asking me to sit at an adjourned term
the fourth Tuesday of this month. I at first
agreed to go, but before the time arrived l re-
ceived stipulation from attorneys interested
agreeing to postpone the case and my visit was
arranged for Februar, of the following year,
when l went and held term. subsequently,
received another letter from Judge Page lnvlt-
ing me to hold general or special term for
him at Austin for tie trial OF causes in which
he was personally interested.
answered, giving reasons why 1t
was not practicable for me to attend,
and did not go. Think l received another
letter from Judge Page on the same matter, in
which he expressed doubts as to his right to
call judges from other than adjoining districts,
and asking my opinion.
Cross-examined. by Mr.. Clough-The stipula-
ton was from Gordon E. Cole and other coun-
sci and relating to the Smith cases. There was
no Jury in attendance. There were no GRIM
inal cases tried.
HON. GORDON E. COLE
was then called. was the counsel for David
son & Bassford in the civil proceedings COM
menced by Judge Page for libel. Mollison was
one of the parties. At the term Judge Dlckln-
son held in Austin, suggested to Mr. David
t. at retraclOn OF part OF the libel be made,
and with his acquiescence l called on Judge
Page stating what was proposed. then drew
up q retraction, presented it to both parties,
and it was agreed that the retraction should be
published when the civil action should be
withdrawn. The statement Of the agreement
was made in the presence OF Judge Page,
Davidson and French. and then spoke to
county attorney French about entering 4aolle
pros in the criminal cases. Judge Page was
| not party to that conversation. l OF course,
| did not ask him to condone criminal prosecu-
| ton, knowing that if he would say that he was
| satisfied as to the civil proceedings the Grim
| inal prosecution would not be pressed.
| L >
ence of Judge Page, nor did Judge Page men
| ton it.
| Cross-examined-The agreement resulted IN
| a written stipulation which had been filed.
don't think MIR. Davidson took any part in the
conversation. did the most Of the talking.
| At this point the court calendar, March term,
| 1878, was produced, to show there were some
| fifteen cases in which Judge Page was inter.
| ested as an attorney.
|
was then sworn. Went upon the bench of the
tenth judicial district January, 1878. The first
term of court was held in March, when there
we're thirty cases on the calendar of which
| l was interested in fifteen. At that term pro
cured the attendance Of Judge Wait, and some
of the were disposed of. had gooo
deal of difficulty in disposing of those cases
for the reason that I could not get a judge, O.
by attorneys STIMULATING continuance. pre-
sided at the September term, 1873. l charged
the grand jury: did not refer to the law OF hbe
in my charge. An Indictment presented
by the grand jury against Mr.. D. S. B. Mollison
A warrant was issued and Mollison arraigned
When he appeared inquired if he had counsel
and he said no. l asked if he desired
counsel; he said no. While the indict
ment was being read and a certain poin
reached Molison nodded his head with con
siderable force. inquired of him what h
meant by it. He made some reply and
simply requested him to remain quiet. I SAT-
nothing about Furnishing him or putting hin
out in charge of an officer. After the readin
he plead not guilty. l then told Mr.. Molliso
not be proper for me to try it. After Molliso
had stepped back he arose in his seat and com
mencd to speak, and told him l had not tim
to hear him. He persisted in turning towar
the audience and I told him 1 did no
want to hear him and to 81
down. Subsequently, MIR; Molliso
appeared by counsel and moved a demurrer
/ but l declined to hear the motion. I la
, nothing to do with the finding Of the indic
} ment, and did not know Of it until it pr
, sented in court. When Davidson & Bassfor
published the ibellous statement, I Gale
| upon them at their Office with Mr.. O. W. Shaw
where 1 stated wherein they had erred, an
asked that it be corrected They declined t
, publish any retraction correction of tt
, statement, and left.
. The next term of court was held March, 1877
. Previous to that time 1 correspondent wit
, Judge Mitchell as to holding court for me #
$ the trial of cases in which I W;
4 ment to July Z, when Judge Mitche
t said he could be present. Mollison's case W;
on the calendar. I always recognized NJ
e Cameron as Mollison's attorney. l stated j
s open court what had done to secure Jude
: Mitchell, ana the Mollison case was postpone
|
: cured for the express purpose OF trying tn
and other cases in which l was interested.
: presided at the September term. The Mollisc
i, case was ON the calendar. Subsequently viii
:, the Mollison case was on the calendar, l state
l what had been done to secure Judge to tt
/ it. After the Mollison case had gone ov'
n the July special term, / did not feel SO MUG
interest as before. as I thought tn;
they, not bringing it to trial, hs
no desire to do so. Mollison or h
attorney never demanded that it be brought
:. trial. nor for change Of venue or dismissa
Judge Page then gave his version of the COZ
versation with Gordon E. Cole as to the di
u Bassford for libel, substantially testified
n by Mr.. Cole stating further that the case
It Mollison was not mentioned in his hearing
). any of the interviews on that subject.
> At the September term of court 1874, il
: dictments were presented against Beisecke
e Demurrers were interposed against those il
! dict1nents. 1t was agreed by counsel that tt
: demurrers should be argued during vacation
: At the March term following learned that
T large number of subpoenas were being issue
= and notified the clerk that there was NJ iss,
' of fact joined in the case, and that the su
. poenas were unnecessary, and that the expen
! would not be borne by the county. l h;
y heard before that such course was
: be pursued for the especial purpose
piling up costs against the counties. Subs
e quently, at the request of one of the coun
: commissioners, went before the board al
n made a statement of the facts in the case, al
y I gave my opinion that it not leg
" charge against the county.
: Judge Page then gave his recollection of di
ferent conversations on the subject, empha1
e cally denying the remark attributed to him
), witnesses for the prosecution, that Il did n
e care anything for the opinion Of big men wi
little brains.'' and that he never heard the e
70 70 preston until here in court. Also, the very
= fammatory language attributed to him by t
. prosecution in the presence of the county COZ
i m;ssionnrs He als0 c0ntradictad Iafarat