Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-03-21
Erening Session


delivered the following address.
Mr.. President-Permit me to acknowledge
to the honorable court this mark of courtesy
in permitting me to address myself in your
hearing, nor would have asked it but for the
course pursued by and granted TO the mana.
gers-in having feigned opening OF their
cause upon the evidence, and after counsel for
respondent replying upon the established or.
der of the court had closed argument upon
question of fact; for the first time we learn
that it was but sham, and reply is cut off.
The honorable the managers say they are
here to prosecute in the name and on behalf of
the people OF this state, disavowing in them
selves all feelings Of personal luminosity to-
wards the respondent, with no private feelings
of malice to crafty, nought but duty to per-
form. As said once before on famous trial:
"They prosecute in the name of public
justice, seeking nothing but d vindication Of
done? Have you in the course of your lives
heard q defendant In either civil
or criminal case addressed IN the laSguage
that has been applied momentar!ly during
every argument, injected into every motion by
the managers TO and of this respondent.
Have you ever heard epithets bestowed upon
the lowest criminal in police court compared
with the vindictlve expletives heaped upon the
devoted head of this respondent in this very
Drunken and besotted judge, drunken, mau.
din Judge,
coNsoRTING WITH PIMPs AND HARLoTs,
this disgrace to manhood, this drunken or in.
sans Judge, drunk in the gutter, going
through the streets bowling like madman.'
Is this prosecuting in the name of justice to
vindicate the honor of the State? Alas, that
the honor of the fair commonwealth of Min.
nesota needs such indicators.
Senator's, for long weary days, extending into
weeks, weeks creeping into months, you, or q
part of you have patiently sat and listened to the
interminable lengthy ordeal through which
this trial has subjected you. To me it has
appeared
LIKE A HIDEous DREAM,
foul phantom of disordered brain, a night.
mare. I have listened. think honorable sen.
ators will bear me out, with due and proper
decorum TO the remarks of the gentleman com.
posing the board of managers. Patiently, in
wonder and amazement, have sat and listened
to the extraordinary statements of the wit
| nesses for the prosecution and still their more
Amazing rehearsal by the manager. To the
sublimity and audaciousDess of the one, the
sublime effrontery of the other. have said to
my self, can these things be true2 l have not
| suffered myself to sp-ak syllable in my own
behalf, deeming it more honorable not to array
my word against that of my traducers, but the
very position taken that the one that senators
must accord me has been converted by the
managers as evidence of guilt. Decency and
the solemn law of the land protected
me from this, but what is that to
those gentlemen sitting there. who SO glibly
chatter about the great duty they owe to the
State of Minnesota
Mr.. President, in the language of another !
have suffered myself, my motives, my charac-
acter, my conduct, my head, my heart to be
assailed and impugnend in every form which
! language could invent in a manner in which
no fellon confined in our State prison has
ever endured, no malefactor that ever swung
upon gallows has ever deserved, bare done
1t because conscious of my own
RECTITuDE OF PURPOSE
because of my respect for the honorable posi-
ton occupy for the laws OF the land. My
respect for this court in whose presence l sit
with the manaclcs of the law upon me have
felt that "thrice Is he armed that has his quar-.
rell just and he but naked though locked Ut
in steel, whose conscience with injustice is
corrupted"
have not shuned this investigation, nay
| not even in the dread shape in which it comes
do not fear or stun q judgment upon this
| case and upon the law / fear not the closest
inquiry into my official honesty
integrity or conduct upon the bench
fear not to stand before my fellow
man whatever may be his race, nationality
| faith in the honest manliness of my judges, be
| they Republican OF Democrat, foreign or to
| the manner born.
"There Is no winter in my soul,
"That winter of despair.
f1pArr
1.-THE law, Mr.. President, to which you are
swdAQ, the law which has been secuted at be.
| fore this court, the law of the land, the law
which this court has sworn to obey, which
have called God to witness that l would obey
faithfully and impartially to the best of my
learning, judgment and discretion. But
greater the constitution which prescribes
alone our duties, conscript fathers of the re-
public. You are but the created, it is your
creator and to it you and and all of us have
sworn the most AFFECT allegiance. 1t is the
shield, the palladium of our liberties, of your
tenure Of Office as mine ofjudge. That constitu-
ton. which is the shield and agis of the judge
upon the bench as well as respondent WHO
stands at Your bar. In the name of the peo-
pie of the Ninth judicial district, whom I
represent, by the law / am content to be
judged.
A STRONG APPEAL.
Senator's, judges of the grand inquest of the
commonwealth of Minnesota, I am arraigned
before you for crimes and misdemeanors
presume committed whilst in the discharge of
official duties. In the long array of ofenses
described in the penal statutes and criminal
code of the State of Minnesota, such as offenses
against life and person, off.nses against prop
erty, forgery and counterfeitlng. offenses
againt public justice, against the public peace,
against public policy, against chastity, moral
ity and decency, against public health, cover
ing every generally known specific offense, you
find no snch offense named, limited at or al
luded to as the ones with which /
stand here before you charged. It is
said it is found in the common
law, take up the work of England's greatest
master of the common parliamentary criminal
law and find no such off nse described save
the five shilling fine of James H., which is not
law anywhere. suppose case brought be.
fore Judge Severance, the great Ajax Telemo-
NOUS of the prosecution, of party cha ged
with drunkenness. He fines such individual
upon conviction of guilt. What court having
jurisdiction would hesitate moment to dis
charge such party, claiming the benefit of q
habeas corpus? Nay, will not do him the
injustice to suppose such an absurdity, for
but lately / am told, in speech or charge to
a grand jury, he proposed law should be en-
acted to punish the drunken man, not the
seller of the liquor. heard him use this or
similar language myself in public speech
but few years ago. But the charge, say the
mana gers is that have violated nv oath nv