Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-03-09
IMPEACHMENT ARGUMENT.
The First Speech for the State Closed, and
Arctander opens for the Defense.

The First Speech for the State Closed, and
Arctander opens for the Defense.
The court of impeachment called to order
yesterday morning, Manager Collins resumed
his argument, commencing at the point at
which he closed the night before-the consid-
Grafton of Article XIV, charging intoxication
at the Lyon county term Of June 1881. He
alluded again to the charge which had been
mooted, that this prosecution was melted by
the railroad company, which charge he de-
MED most emphatically. He then took up the
| resolutions adopted by the grand jury
of Lyon county, and maintained that no sig
niflcance should be. attached to them in oppo-
sition to the sworn testimony of the witness
produced by the prosecute on.
Manager Collins then referred to the alleged
| petition of citizens of the district in favor of
Judge Cox, alleging that such petition was
undoubtedly largely signed as such petitioners
| are to get rid OF the applicant, without caring
for what was set forth in it, and that its circu-
| lation and attempted presentation was a hui
initiation and an insult to the judiciary and the
| court. The bar meeting at which Judge Cox
was quali6edly endorsed was also commented
upon, and the misstatements of the witnesses
pointed out answering the point so frequent
| ly made by counsel for defense, that the judge
could not recOllect circumstances, incidents,
pointszaaised, etc., at terms of court held by
him, If he had been drunk as charged. Man
ager Collins said no claim was made that he
| was stupidity drunk on the bench, but that he
was so much under the influence of liquor as
to be incapacitated from proper discharge of
| his duties.
Manager Collins then passed to the specifl-
cations under article seventeen, commencing
with specification one, the supplementary pro.
ceedings at Marshall, in which he claimed that
the direct testimony of the state showing
| drunkenness had not been weakened by the de.
ense, but rather strengthened.
| Next was specification Q, the Carter case at
New Ulm, at which time the judge was drunk
and at first refused to 60 near the court, but
| finally did consent, but while the hearing was
proceeding case of contempt stopped the
hearing aud asked the court to go and get
some beer, the judge himself furnishing the
| money After this, Mr.. Collins says the Judge
is found in the office of George Coleman,
whom he abuses M ,st shamefully. Then he
drops down upon the lounge so drunk that he
rolls off upon the floor, where he is left in a
| drunken sleep.
| Referring to the Tower case, specification 4,
Manager Collins said that the testimony
showed that the court was opened, but the
hearing had to be postponed because Of the
condition of the judge.
| Specification five referred to special term
at Redwood, April 1880. The attorneys in
this case Mr.. Collins said did not agree as to
the condition of the judge, some saying he
was intoxicated, Others denying it,
| The most important of the specifications,
seven. covering the proceedings at the general
term in New Ulm, May, 1881, in the trial OF
the Howard VS.. VANDERBILT case. The testi-
mony was conflicting, but the weight of evil
dence for the state, and the contradictory
statements of witnesses for the defense was to
sustain the charge of drunkenness.
Taking up article eighteen, charging habit
ual drunkenness, Mr.. Collins briefly referred
to the contradictory character OF the testi-
mony, pointed out some of the inconsistencies
of the evidence for the defense, and dismissed
it with the remark that one of his associates
would go into the SUI 1ject more in detail.
| Manager Collins concluded his review with
an apology for imperfection. From his ex-
animation of the facts brought out he felt
satisfied that it was one that should receive
the attention of the senate in the interests of
pure and honorable judiciary. He himself
was not practical temperance man, but
| the evidence in this case, the presence of
this "invisible spirit of wine'' SO fearfully de-
veloped by this trial was one of the strongest
arguments he had ever heard against the use
of intoxicating liquors in any form. He re-
| GREETED that respondent was not present, be-
|
that whether convicted or aquitted, avoid the
curse which had placed him in his present
position; keep away from the saloons, avoid
looking at liquor as leper and live temper
ance life-handle not touch not, taste not the
| frey devil.
Senator G. D. Gilfllan introduced an order
be furnished the printer by the
reporter within three days, and that no bill be
| allowed for work not so furnished.
Counselor Brisbin On behalf of counsel for
defense and of the managers, protested that
the limit named would not give them the
needed opportunity to review and connect
| their arguments, now necessary from the fact
| that little, If any time, had been given them
to prepare such arguments.
Manager Dunn thought the order should be
modified to give connsel at least ten days.
| Upon motion of Senator j. B. Gilfillan fur
ther consideration was postponed for day.
Manager Hicks, addressing the court, said
that the short notice given Mr.. Gould, he did
order of Tuesday should be changed to allow
him to follow the defense. He only wished
to speak upon law points, and it was unfair to
him and the court to require him to proceed
with the brief preparation he had been al
lowed.
| Counsel for respondent objected that
change in the rule at this late would be an in
|
Senator Castle objected to being thus played
with. More than week ago the conrt had
made a rule limiting the argument
to two for each side. Yesterday as
matter of courtesy to the man.
ayers the rule chad been changed to allow
the managers three, provided the additional
| manager should follow Mr.. Collins. The rule
was fair, especially to the managers, the same
| as followed IN the Page case, and for once he
| hoped the senate would adhere to his order.
Senator J. B. Gilfllan thought the mistake
was made in deviating from the original rule,
| Any way the argument should be proceeded
with. If Mr.. Gould did not desire to avail
himself of the privileges awarded him, that
disposed of this portion of the question, and
he therefore hoped Mr.. Arctander will be
| ready to proceed after the recess.
| Mr.. Arctander announced his willingness to
do SO, and upon motion of Senator Campbell
recess was taken until 8 p. m.
afternoon Session.
| After waiting until quarter past o'clock
| to secure quorum.