Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-02-15
COX'S CASE.


listers, Lawyers and Leading Business
Men Among the Witnesses Tho Testi-
mony Unusually straightforward and
Positive,
The impeachment court came up. smiling
promptly on the call of time yesterday morn.
ing, Senator Wilson presiding. The roll call
showed twenty-eight senator's present. The
defense called Rev. Joseph Herman upon ar
ticle 2, the Waseca court, making the sixth
witness for the defense upon that
charge, for which reason the man.
ayers objected to his testimony being
received, claiming that injustice to the state
the rule limiting the number of witnesses upon
each charge should be enforced against the
defense as it had been against the prosecution.
The objection was. however, overruled by the
court and the testimony Of Father Herman
received. as follows:
Was present at 3 term of court at which re-
spondent presided, in Waseca county. in the
spring of 1879, and two suits pending, which
occupied between six and seven days. Was in
court the greater portion Of the time while The
cases were pending. Respondent was perfectly
sober. Was in court the I'd day of April. All
the time I saw respondent that day
he was perfectly sober. The ses-
sion lasted until IL O'Clock at
night. The air in the court room was very
bad. Respondent was perfectly sober on the
third. Did not notice any difference fro.a
usual in his personal appearance. caused
the adjournment of court that morning.
saw paper in possession of opposing coun-
sci materially changing the issue of the trial.
The information thus secured made me want
an adjournment to get an important witness
from GAINESVILLE. Mr.. Lewis made the motion
for adjournment. Finally, Mr.. Lewis got OPP
posing counsel to join in the metion for adj
journment, when it was granted by the court.
Father Herman asked as to the contents of
that paper. Objection was made and after ar
gument the objection was sustained.
Continuing, witness said he saw respondent
go down stairs after adjournment. Next saw
him on the bench after adjournment. He ex-
cused himself from taking on my case on the
ground he had a sick headache. He looked
pale and worn. He was perfectly sober at the
time. Saw him in the evening, when my case
was proceeded with. The session lasted until
nearls II o'clock in the evening. The judge
was sober. He was sober the next day. Next
day the attorneys made their argument. The
judge charged the jury in the afternoon. He
was sober all that day while was in his pres
ence. His eyes were not red. His voice was
clear and distinct.
Cross examined-Reside at Inver Grove,
Dakota county. Am Catholic priest.
Have parish. Known Judge Cox since
March ~, TITS. Never saw him drunk. My
reasons for thinking the Judge sober during
the time testified were his appearance, his
language and the way he conducted business.
Mr.. Lewis was my attorney. Recollect of the
court being opened on the morning Of the
81 of April. Mr.. Murphy opened the court.
The first business was argument upon some
law points, then Mr.. Powell went upon the
witness stand for Characterization. Told
Mr.. Lewis to crowd the witness. Examina-
ti0n occupied about an hour, when my coun-
sci handed me the brown paper before alluded
to. He got hold OF it while opposing counsel
was addressing the court. I got the
paper from Mr.. Lewis and handed it
back to him after I read it. Shortly after Mr..
Lewis made the motion for an adjournment.
wanted a witness from GAINESVILLE. Sent for
him by messenger and got him. The brown
paper cut very important figure in the case.
The paper told me that another set of plans
was to be presented than that under which the
contract was let. Sent for the three trustees
of the church also. was sworn next day
after the adjournment. Some papers were
shown me for Identification. A letter was
held up by the opposing counsel for me to
look at, but was not given me. I did not read
that letter then or at any other time. That letter
am certain of that. Have talked with Mr..
Arctander about that paper during the ses-
sion of the court. Never made statement
to Mr.. Hayden or anyone else that thought
the paper was mine and took it and put it in
my pocket There was no letter inside the
piece of brown paper. It was simply piece
of brown paper. It was addressed Pat. Powers.
On the reverse side was ssRight Rev. Thos. L.
Grace, Bishop, st. Paul" Nothing else was
80 T,r1r 1rsc
any liquor during that term of court. Never
saw him take drink.
Re-Direct-The statements about the wit
nessss was an excuse for an adjournment.
There were two plans for the church, The
one used by Mr.. Powers was the most expen-
sive. In my duties as parish priest am
brought into frequent contact with drunken
men and think know what drunkenness is.
To Senator j. B. Giifllan-Iwas in attend
ance during the term of court about seven
days. Ny attention was not called to Judge
to the matter by the proceedings in the
house leading to this impeachment.
JUDGE LEWIS BRowNELL
was called by the defense upon the same arti-
Gle, making the seventh witness. and objec-
ton was made by the managers, arguing that
the defense should be confined to five wit
nesses to each charge, as were the prose-
cutors.
Senator Powers moved the witness be heard.
At the request of Counsellor Arctander Sena-
tor Powers also included in his motion still
another witness on the same charge.
Senator Hines spoke against the motion.
The rule confined the number of witnesses to
five, except in case where application was
made to the court. The prosecution had
compiled with the rule. he made the point
of order. that the witness could not
he heard until the defense had made
application to the court as provided under the
rules.
Senator G.. F. Buck said he wanted all the
facts brought out, and if the defense thought
Mr.. Brownell, or any one else, material wit
ness, he was in favor of receiving the evil
dence.
Judge Brownell was then sworn and testified:
Live in Waseca. Lawyer. Knew Judge Cox.
Was in attendance upon the term Of court
held by him in Waseca county in 1879. Was
in attendance during the entire term. Was
there the afternoon Of the adjournment of the
Herman case. The judge was looking sick,
complained of being sick. He was perfectly
sober. Remember the case In which Judge Ed
gerton made the motion. He was sober He
was clear headed, intelligent and sober during
the entire time. heard Taylor's argument.
His argument was confused so could not
tell what he was aiming at. I have been
practicing 81 years. / have attended every
term of court in Waseca since 1868 except one
term.
Al this point a recass Was taken IN 1.9O