Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-06-26
Afternoon Session.

Assembled for the afternoon session, Gov.
Davis resumed his argument, saying that he
had practically completed his preliminary re-
marks when the recess was taken. He did not
think he overestimated the claim he had made
that this was a judicial body, and that he was
finally convinced that with this principle firm
ly established, the case c could be left with the
Senate in perfect safety. For, if the Senate
had no power to pass bill Of attaint, but was
simply sitting as judges to decide without fear
or favor, then the last remaining prop upon
which this case rests passes away But in
cases Of this character, no duty is performed
until it is fully performed, and he would fall
short Of his duty to himself, his client, and the
Senate, did he not follow the conclusions of
law in their application to the testimony.
The first article charged the respondent with
mlsdemeanor in Office in refusing a trial to
Molllson, indicted for libel upon respondent.
The charge is three fold, the first two going up
on the assumption that respondent had legal
right to try Mollison, denied him such trial, and
the third was that he refused to secure another
Judge to try the case. The provision of the con-
stltution which gives accused a speedy trial,
means reasonable speed, not that all other
more, this right belongs wholly to defendant,
and he can waive it if he DESIRES and when he
allows it to go over by his own act, he in fact
valves his right. It is striking and uncon-
tradicted fact that during all the period this
Moll1son case was pending, he never made
demand for his statutory rights
1t was also his privilege to move for dis1nis-
sal of the Indictment, but he never availed
himself of this privilege during all the time
he claims to have been harassed and abused by
this respondent. Again, he could have applied
fora change of venue, but he declined to avail
himself of the right. These facts disproved
the charge that respondent refused Mollison
speedy trial as contemp plated by the law
Mr.. Davis then argued that Judge Page was
disqualified from trying the Mollison case, from
the fact that he was the party alleged to have
been injured and of having direct interest in
the result, and that if he had attempted to have
tried it he would then have committed an i'm
indictment having been found, to use all due
diligence to secure another judge to sit in his
place. On this point, Mr.. Davis retuted en-
phatically the assertion of the managers
that judges could be detailed from dis
tricts outside those adjoining his dis
trict. There were three judges that Judge
Page could legally call upon to assist him.
enable effort to secure the services of those
judges, and that he did finally SO secure the at
tendance Of Judge Mitchell.
Mr.. Davis then went on and reviewed the
testimony upon this article at length, from
which he argued that it was shown by the tes-
tlmony that Judge Page had no part in procur-
ing Mollison's indictments; that his conduct
was just and irreproachable. and without any
evidence of malice and that he used all possi-
BILE diligence to secure him that trial he him
self was prohibited by the statutes from try
ing, and concluded with the assertion that the
were wicked lies from beginning to end,
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