Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-25


Persecution and Outlines What it is Ex-
nected to Prove Against Judge Page--
The Showing Far From Complimentary
tn That Gentleman Resolutions Adopted
Aimed at the Indecent p. P.---Day Ends
With a Secret Session.
The impeachment proceedings were dry and
uninteresting yesterday. All of the forenoon
session and large part also Of the Afternoon
sitting was occupied by Hon. S. L. Campbell,
of managers, in presenting the points depended
upon by the prosecution. As this necessitated
the reading of the articles and the answers,
long and wordy as such documents usually arc,
the opportunity for oratory and the making of
a connected argument generally afforded by
an opening argument was necessarily lacking.
Notwithstanding this uninteresting character
of the proceedings. there was goodly number
of spectators in attendance throughout.
mere outline of the argument appears below:
The court being opened in due form. the
President announced that the Senate had de-
cided TO override the plea OF respondent as 10
Jurisdiction.
Manager Campbell then proceeded to open
the case for the prosecution. he sald the res
pondent, Hon. Sherman page, had been ar
raiened here by the House for crimes and mis-
demeanors and it became his duty to present
the law and the facts upon which 1t was ex-
pccted to secure conviction. 1t was unfortu-
nate that thus early in the history of the State
the Senate should be called to apply to the ex-
traordinary remedy of impeachment provided
in the constitution. 1t was strange that man
occupyiue the exalted position of Judge Page
should lay himself liable, by arbitrary and IL
legal acts, to be sub jected to his present huml-
iation. The managers enter upon the
f1,nd
spirit of vindictiveness but simply to bring
before the Senate the evidence bearing upon
the case, leaving to this body the duty OF pro-
viding the remedy. The state Of feeling In
Mower county-the almost universal opposition
to Judge Page and desire to remove him from
official POSITIONS we'll known. 1t stands to
reason that such unanimity could not have
been secured except through the own wrong
doing of the accused. There was no political
excitement at the bottom Of this movement
The people always manifested a disposition to
stand by their officers but they would not be
tyranuized over. There little of the
spirit of 76 left. and when tyranny is attempt
ed rebellion follows.
TO prevent breaches of the peace at such
times, and at the same time provide q
means for the removal Of unfaithful
officers, courts OF Imprisonment men,
what constitutes an Improbable offense hat
never been clearly defined, but is left to the
discretion Of Senates sitting as courts OF trial
The duty of the court then is to decide upor
their own judgment and the rules OF common
law, whether accused has ever committed
crime; if So it's cnOrmity, and to attlx thu
penalty Judicial officers have been impeachec
for offenses as variable as the cases brought tt
trial. In this State, any wilful conduct con
stitutes a crime and subjects the official guilty
of such conduct to impeachment. Misde
meanor in Office simply means bad conduct
doing an act from bad motive, and it is sucl
bad conduct Judge Page is charged with il
these articles.
In this portion of his remarks Mr.. Campbell
referred frequently to Judge Storey and othe
authorities upon the rules governing impeach
ment trials.
in the articles Of impeachment, reading eac
one, with the answers, and commenting upol
them seriatim.
The first article refers to the prosecution o
d. S. B. Mollison for publishing what is desig
mated as a libelous article upon Judge Page il
the Austin Register, and with having com
menced proceedings, maliciously and oppres
sively used his power as judge to prevent tn
charge being brought to issue. Under the con
stitution of this State, he said, every man
guaranteed speedy and fair trial. The articl
shows that more than four years and 81:
months had elapsed, without atfording MI
Mollison a trial, while it will be shown by tn
evidence that he was ready to proceed at ever
term of court. Not only did Judg
Page refuse to sit in the case
but he arbitrarily refused to lie
the trial proceed. Further, while horse thieve
and other criminals We're released on merel
nominal ball. Judge Page in this case demand
ed 81, 500 bail, and at last went to such an ez
IRENE as to force his bondsmen to give him u
and consign him to jail. He also contrc
verified the claim that Page was prevented from
sitting in the case, and ridiculed the allegation
that another judge could not have been secures
in the case if Page had so desired. The infer
ence to be drawn, and the only inference tina
can be drawn, is that Page knew there wa
nothing in the Indictment, and that wheneve
brought to trial Mollison would be acquitted
Article 2 charges that at the term of court
September, 1874, the grand jury returned il
dictments against John Beisecker, John Walls
and G. N. Beisecker which remained pendin
and undetermined until 1875, and that whe
Thomas Riley, a deputy sheriff, presented hi
fees for services in such case, Page wrongful
and maliciously used his power as judge t
prevent payment of the same by the count
commissioner.
In this case, Mr.. Campbell said, indictment
were pending on demurrers, and before tt
term of court subpenas were issued and place
in the hands of the deputy sheriff to serv
The claim of respondent is that they being la,
cases, the clerk had no right to issue the sui
pcenas, and therefore the deputy sheriff had II
attorneys knew, was to issue subpenas upo
the request of the attorney. If in this case tt
sheriff had not been obeyed he laid himse
liable to be hauled up for contempt. TT
county attorney said the bill was correct. NJ
only that, the county attorney wrote to tt
State attorney, who declared the bill correc
But for all that this judge goes before tt
county commissioners, and enters into bray
over the payment of these fees, publicly declarir
that he did not care for little man with lit
L. IL =
be shown further by witnesses that cannot
impeached that Page threatened, if the fe
were allowed he would disallow them as iudg
The third article refers to the alleged a
bitrary conduct of Judge Page in the case
W. T. Vaudeville, a deputy sheriff at the Ju,
term of court in 1876, and also the refusal
Page to issue an order for the pay of Mand
vile for such services.
The argument in this article was that Pag
to punish Vaudeville who he conceived {
enemy, needlessly insulted him, and neglecte
his duty as prescribed by the statutes as to Il
appointment of deputies, bat by an ord
issued after the court had been held, but an
dated, had usurped the powers Of the sheri1
all Of which, Mr.. Campbell asserted, would I
proven beyond a question.
Article charges Page with unlawfulIy ar
maliciously requiring Deputy Sheriff Dav
u. stlmpson to pay money into the count
treasury which he had collected on an exec
ton in criminal case, and which he had he
as fees.
MIR: Campbelrs argument on this article W,
that Page not only exceeded, but actually vi
lated the law for the purpose of wreaking h
vengeance upon Sheriff Hall, who he was tr,
ing to break down and destroy as an officer
Article alleges that June 2, 1874, Pas
needlessly, maliciously and unlawfuli7
with fomenting disturbance among the inhab
tants of Mower county and the village of An
tin, and with insulting and humiliating Geora
Baird, then sheriff, in connection with certai
assemblages Of citizens then occurring in d,