Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-03-20
DUNN DOING IT.
Taking the Court Blind on the Cox
Case, and They Escape Him by Leaving
Without Quorum.

at 9 o'clock yesterday morning by Presiden
Gilman, and Manager Dunn proceeded will
his argument, taking up article IL, the Ren
vile county term at which the trouble occur
red between the judge and county attorne
over a liquor case. The manager read from
the testimony, and pointed out the impropriet
of the acts of the judge, to call it by no wors
name, in those proceedings and would no
have been had, had the judge been in his RICH
mind. The mosquitOe episode, which oc
Cured at this time, the manager said was o
| little account standing by itself, but taken il
connection with all the proceedings of tina
| term of court, and the known fact that tn
| Judge had been drinking heavily, and it hal
weight in establishing the proposition tina
the Judge was so under the influence of liquor
as to be untitled for proper performance o
his duty.
The court coming to order after recess o.
five minutes, Senator D. Buck said that a sicl
child made it necessary that he should return
home this afternoon, and as he would like tC
be present during the final proceedings in hi
trial, he would move that when the court ad
iourd to day it be to o'clock Monday after
noon.
Senator A. M. johnson objected to
the motion. For one he wanted to have
if these adjournments were had, he said little
hope of such an event.
Senator G. T. Bnck said he would take an
insurance on the Senator's life to cover this
risk for very small sum.
By request, Secretary Jennison made the
following statement
The mere ceremony of taking the vote and
declaring the result will occupy about four
hours if 40 senator says more than the words
guilty or mot guilty."
The following question must be asked forty
one times upon each one of eighteen articles
and specifications.
"Mr. Senator -, how say you, is the le-
spondent, E. st. Julien Cox, judge of the dis
trict court of the state of Minnesota, in ana
for the Ninth judicial district, guilty or not
guilty, as charged in the article of impeach-
ment.''
The the number of senator's who have
voted guilty and not guilty must be counted
and entered in the blank, after which the
president of the senate must make declaration
of the result to the effect that "E. st. Julien
Cox, Judge of the district court of the Ninth
judicial district, has been declared guilty
by-senators. Senators have pronounced
him net guilty. Having been pronounced
guilty by than two-thirds of the senators
present and voting he stands upon this
article"
To do all this will require at least four
hours for all the articles.
Senator D. Buck said he should want to &C.
cupy an hour in stating his reasons
for the votes he should give, and
he should insist upon his right to make that
explanation.
A vote was then had, and the motion to ad-
journ to O'Clock Monday afternoon adopted.
Senator Adams called his order from the
table, to the effect that after the final argu-
ment, all proceedings up to and taking OF the
vote be in open session.
Senator Bonniwell seconded the order.
Senator c. D. Gilfillan favored its adoption.
Senator Wilson thought action upon the
order had better be postponed until the argu-
ment was concluded, when all details as to
the final proceedings could be arranged.
Senators of the question involved, as in bad
taste when this double capacity of juror and
Judges was taken into consideration.
Senator Acker moved to lay the order on
the table.
+ The yeas amp nays were called. When the
name of Senator Adams was reached he ex-
planned that his object in desiring the adop-
tion of his order was that the people of the
state might know Immediately upon conclu-
sion of the proceedings just exactly how the
senate had performed its duty, and not have
the official report.
The vote to lay upon the table was adopted
yeas, 1 4; nays, IL.
Senator Castle called up his order offered
Friday.
Senator Kinds moved to amend, that the
manager proceed with his argument. His
opinion was that the details for the final pro-
ceedings should be settled in secret session.
Senator Castle was opposed to settling this,
or any other question in any way affecting
this question, in star chamber.
Senator j. B. Gilflllan raised the point of Or
der that there was nothing before the house,
but was overruled by the chair, and Mr.. Castle
proceeded, remarking by way of interection
that if the senator FROM the Falls had been at
tending to his business he would have known
there was question before the house, and its
nature.
A general sQuabble followed, several sena.
tors raising points, of order, and speaking at
the same time, the chair, Senator Powers,
trying to explain the question of precedence,
with Senator CARTS holding the floor ready to
proceed as soon as order was restored.
Finally Senator Campbell raised the point
of order, that the rules required all votes upon
rules was to be taken by yea and nay vote
and without debate.
Senator Castle recognized the force of the
point of order, aud said all he desired was to
maintain his rights, and having accomplished
that, he would now withdraw his motion, and
the bear garden came to order, and MIR. Dunn
proceeded with his order, still in review of
article 10, his final conclusion being that the
force of the testimony was decided.
~ in favor of the prosecution,
and shonld be SO held by the Senate, the
argument upon the article beng concluded
with asking the question, asked as to several
of the articles, why, with the contradictions
of the testimony for the prosecution and de-
tense, the respondent himself was not put
upon the stand and given an opportunity to
clear away the miets. The failure to do this,
by the manager was strong clrcumstantial
proof that he could not disprove the allega-
tions of the prosecution.
Manager Dunn then took up article IA,
charging drunkenness at a term of court in
Lyon county, in June, 1881. It fol.
lowed close upon the term treated
of the 18th article. The evidence showed the
respondent arrived at Marshfield, where the
court was called, in a state of intoxication.
Marshfield is a small town, entirely devoid OF
that great comfort for the Judge of the ninth
judicial district whiskey saloon, and the
court was removed to the town of Tyler,
where there were saloons. The act of removal
was an illegal act, and the only reasonable cx.
cuse that can be made for him is that he was
intoxicated. The testimony shows that after
this illegal removal to Tyler, season of revel
ry was commenced upon, in which the Judge
took part, continued through the entire term
Recess until $50.
afternoon Session.
Counsel admitted there was dIscrepeney ir