Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-05-30

that Page said he had not made the
order, not that he had not fled the order in |
answer to Kimbalrs question.
Mr.. Grants testimony concluded all the |
testimony on article 2, except the introduction |
OF the commissioners records, to which council
said there would be no objection.
Article Three.
This article alleges that W. T. Vaudeville
was regularly appointed deputy sheriff; that
as such deputy he served in attendance upon a
special term of court for six days, being so
recognized by Judge Page, for which servicef
the judge had wrongfully neglected and re-
fused to allow him compensation.
Speaker Gilman conducted the examination
OF witnesses under this article.
". T. MANDEv1ILE
was the first witness sworn. He testified rela-
tive to his appointment as deputy by Sheriff
R. o. Hall, and detailed the usual court duties
Page for an order for his pay Page said, Man
deville. what dirty work did you do to help
elect Hall?" He replied that he had done
nothing. Page then went on to say that Hall
didn't need any court deputies, and it was
steal upon the county, and he should take time
to consider the matter of payment.
Cross-examined. Mr.. Vaudeville said he had
asked Page for his pay three times. The Jayne
case was tried only twice. Could swear posi-.
lively that Mr.. Allen was not present taking
care of the room on the first day of court.
Think Allen had been court deputy before;
the key was left with the jailor. No one was
in the court room except the judge and Allen
when he refused to pay him, and asked him
what dirty work he had done for Hail. Allen
had charge of the jury.
B. O. HALL,
the sheriff who appointed Vaudeville, tcsti-
fed to the appointment, and said Page did not
object to Msndeyille's appointm ent, but told
him to put the jury in charge of Deputy
Allen.
During the examination of this witness the
managers attempted to show what previous
custom bad been i'll regard to court deputies.
Counsel for the defense objected, but the SEN
ate, by vote of % to 13. decided to admit the
question, and witness said he he'd three depu-
ties at the previous term, and but two at the
term in question.
Senator Henry asked if the witness knew of
the order being issued and fled limiting the
deputies to one Allen.
Answer-Never knew Of the order until about
month ago.
Senator Nelson asked if the time had closed
before Judge Page fled his order appointing
Allen deputy.
Answer-Yes, sir.
LAFAYETTE FRENCH
again took the stand, and said he was present
at the January term, 1885, and saw Vaudeville,
Allen and Hall officiating.
A. W. KIMBALI,
clerk of the court of Mower county, then pro-
duced the court records for the January term,
1876, to show that the term commenced Jan
uary IL, and ended January II, which closed
the introduction of testimony upon article 2.
Article FOur.
In this article it is alleged that David H.
Simpson was regular appointed deputy
sheriff; that as such deputy he was given an
execution to serve, and so served it, reserving
to himself from the money collected and paid
into the clerk of court his fees, and that Judge
Page, wrongfully and maliciously, and with in
tent to humiliate and insult said Simpson,
made him give up to the clerk the fees SO re-
was guilty OF corrupt conduct in office.
DAVID H. SIMPSON
was then called. Mr.. Simpson was the deputy
sheriff to whom the execution above referred to
was given for service. He testified that the
execution being placed in his hands, he went to
Lansing, six miles, and levied on some of Mr..
Weller's cattle; did not drive the cattle away as
Weller agreed to fix it up, and went with him
to Austin for that purpose, but did not then
| arrange matters. Again went and levied on
the cattle, when Weller gave him wacth as
| security. with promise he would pay 800 next
| day. Weller next day handed Lafayette French
| 800, which French handed cHer to him. Kept
$3.50 of that 800 for fees, paying the balance
over to the clerk to be credited on the execu-
! tion.
| At the March term Page called him up, in the
presence of the grand jury, and made him pay
the money kept for fees over to the clerk, stat
ing that such money belonged to the State and
| fees must be collected from the county. When
ordered to pay over the money he told Page he
| had none, and he said borrow it then. Asked
Sheriff Hall, but he did not have it. Got it
from friend and stepped up and paid it over
as directed.
| Upon cross-examination, MIR. Simpson ex-
| planned that he released Weller's cattle on
both occasions Of the levy, and that on one of
his visits certainly he had other business In
making up his fees he charged mileage on both
occasions, and with other fees made the amount
$3.50. Could not tell exactly how he did it,
and did not make any itenized return-just
Jumped it. Also acknowledged, that Weller
for his trouble, and that he
took that amount paid by Weller to French
Previous to being called up by French to pay
over the money had heard the grand jury had
been Investigating the matter. Did not hear
they had made report. Did not hear the Judge
say they had made report.
The Senate then on motion of Senator Do
ran went into secret session, and when the
doors were opened adjourned.