Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-13

Resides at Martin and did in January 1878.
Toward the latter part of the term of the
court then held, he thought he saw marked
change in the actions and appearance of the
iudge-he was more free and easy in his man.
ners and appearance indicated he had been
drinking, but he had no personal knowledge
of that fact.
In the cross examination Mr.. Livermore did
not differ materially from his direct. The
business of the court as far as he was compe.
tent to judge was conducted promptly.
Judge Cox did nothing out of the
usual way on the bench to make
me think he was intoxicated, simply his gen.
eral appearance.
This concluded tho evidence of prosecution
upon article one.
This charges Judge Cox with being drunk
on the bench at Waseca during March and
April, 1879.
ROBERT TAYLOR, SWORN.
Reside at Kasson, Dodge county. By pro-
fession lawyer. Was in attendance upon the
term of court at Waseca in 1S79-on the goth
of March and 5th day of April. And case
pending, on the 5th of April, two motions
were made in the case. Judge Edgerton was
opposing counsel for defendant. Think Judge
Cox was intoxicated on that day.
Thought him somewhat under the influence
of liquor in the morning, but not SO bad as in
the afternoon. His eyes were red and he
talked as if with thick tongue. From re-
marks made in ruling upon my case he
showed he did not comprehend the position
of opposing counsel, and his general conduct
satisfied me he was under the influence of
liquor. Only one motion was argued at the
time, counsel on both sides coming to the
conclusion the Judge was not in condition to
act. After the adjournment Judge Cox re-
quested me not to say anything to Judge Lord
about his conduct.
Cross examined by Mr.. Arctander-Known
Judge Cox six or seven years. Had seen him
on the bench once before the time mentioned,
and once since. Heard him charge the Jury.
The language was eccentric, but cannot say it
indicated intoxication. Our motion was
argued after dinner. In the forenoon thought
his thickness of speech indicated intOXication.
Don't know what effect the absence of two
front teeth would. Think the judge generally
speaks very distinctly. Have no recollection
of any peculiarities shown by Judge Cox in
charging the jury May 5th. Don't know that
Judge Cox drank in the saloon with Mr..
Bentley. Went in to dinner together. Can't
tell what Judge Cox said in
court to make me think he
did not know which side was on. The re-
mark was in effect that he had decided to
grant the motion of Mr.. Bentley with whom
was associated The decision was proper
one, and is frequently made by judges under
similar circumstances. The court had been
in session for two or three weeks clearing up
a large calendar.
BIS. LEWIS SWORN.
Reside at Waseca. Lawyer. Known Judge
Cox for perhaps seven years. Was present at
the term of court held by him in Waseca,
March, 1879. Was there nearly
every day The term was three
weeks long. The first week he was
perfectly sober, the second week not qntte
sober, the third week far from sober. mean
upon the bench. On the morning of the Sd
OF April thought him so drunk as to be in
capacitated from a proper performance of his
duties. The case of Powers VS.. Sherman was
on trial. When he went into court his hair
was uncombed and his eyes bloodshot. I was
attorney for defense. l was cross-examiniDg
After about fifteen minutes the opposing attor-
ney called my attention to the judge, land said we
must do something to get an adjournment.
The judge was facing the jury apparently half
Allister, opposing counsel, moved an adjourn
ment for an hour to get a witness understand
the motion, was sham. Seeing the judge
was not inclined to'grant the motion, Joined
McAllister in urging an adjournment, when
the court adjourned, and it remained adjourn
I'd until afternoon. Don't know
what happened in the after
noon. Tbs trial was resumed in the evening. |
Do not know any other reason but drunken |
Judge was under the influence of liquor the |
next day. Also on the 9Th day of April.
Cross enthusiastically met him a few |
times out of the court room during the time |
Of court. l got a mandamus from the SUI |
preme court certifying up the case of Albright
vs. Long. In this hearing Judge Cox ac |
,used me of altering the record. have spoken |
bitterly of Judge Cox. He refused to certify |
The case because two words had
mad not used. On the morning of the Sd, |
he did not interrupt me until my attention |
was called to the judge by Mr.. McAllister. |
Don't think he warned the witnesses to an |
,wer promptly. Am positive McAlllster spoke |
20 me. Don't recollect taking any exceptions |
% the charging of the judge. Don't recollect
If anything out of the way in the charge.
thought he was under the influence of liquor
" his conduct-that is making side remarks
hing when knew him to be perfectly sober.
believe that is habit of his. Don't recol-
ect any other morning than the one men,
Toned when his hair was dishevelled and |
yes bloodshot. Judge Cox told me was suffer
ng from boil. He seemed to suffer
,reatly Did not see the boil, but understand
t was worse the second week than the first
lie had to set on the edge of the chair, turn
ng his face little away from the court, for
which he apologized to attorneys. Don't re-
all any rulings particularly out of the way.
Excepting the Bird of April do not think the
Judge was incapacitated from presiding. A
.reat many people claim there was more bust
less done at that term of court than ever in
he same length of time before. It
vas very large calendar. Don't know
whether an evening session was held on the
d. On the Sd there was nothing to make me
hink him intoxicated except his dishevelled
appearance and drowsiness. understood he
vas suffering from a sick headache in the
fternoOn. Called at his room after supper l.
'ried not to have him hold court, but he said
e wanted to show the people of Waseca he
vas not as bad as reported. Do not think the
Judge said to me he feared the editor of the
RADICAL would take advantage Of his indispo-
ition to accuse him of being drunk.
At this point recess was taken to 2:30p. m.
afternoon Session.
Upon reconvening IN the afternoon Mr..
ewls resumed the witness stand, and was
sked if he knew of Judge Cox being intoxi-
ated either in or off the bench at that term
f court, other than at the times to which he
ad already testified, to which he replied he