Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-03-11
ARCTANDER'S ARGUMENT.
The Able Counsel Continues His Disco
ton and Comparison of the Evidence
for the Benfit of Accused.

The Able Counsel Continues His Disco
ton and Comparison of the Evidence
for the Benfit of Accused.
The impeachment court called to order yes
terday morning. Counselor Arctander re-
sumed his argument, and was about to read
certain affidavits disproving the newspaper
statements in reference to the witness Patrick
Fitzgerald, when Manager Dunn addressing
the senate said there was no doubt the state
ments were incorrect and did the witness in
Justice, and that the comments of Manager
Collins in his opening speech had been made
under a misrepresentation.
Mr.. Arctander being satisfied with the ex-
PLANTATION, then took up article eight, charg-
ing intoxication at the Brown county term o.
court in June. 1880. Counsel said the testimof
ny was as with reference to other charges,
very conflicting, but claims that the witness
es for the defense were better fitted 10 pro-
nounce upon the condition of the judge on ac-
count of their intimate acquaintance with him
fer years, and the interest they had in noticing
the Judge particularly at that time, being as
they were specially interested in the proceed
ings being had. Mr.. Arctander spent com-
paratively a short time in review of the testi-
mony upon this article, holding that left with
out particle of proof on the part of defense,
no offense had been proven.
Counselor Arctander then took up article
ten (article nine having been dismissed) cover
ing the special term of court in Lyon county,
NAV, 1881 lat which time number of foreign
ers were naturaliZed. The honorable manager
had laid great stress upon the Importance OF
these proceedings. It was true that the Unit
ed States law required record papers to DE is
sued in open court, but the whole proceeding
was q mere matter of form, the dollar and a
half fee going to the clerk OF the court being
the solemn feature of the ceremony. But
it is also a fact that the requirement OF the law
is not always complied with, 1t being of record
that present judge secured his papers by
stepping into the clerks Office of Ramsey
county and paying his $3.50. Later quo war
rantO proceedings were commenced against
this party on the ground that the naturalza-
ton was not legally made, but the supreme
court held it was sufficient. In this case the
testimony showed there was no term OF court;
that the naturalization proceedings brought
forward were had before the clerk of the court
in his private Office in drug store-a place
where a term of court had never been held
the Judge simply standing by to see the papers
issued and signed. There being no court then,
the condition of the judge at the time was
not matter for the consideration of
this court, he then not being in the per
Torrance of his judicial duties. This being
the case, the charge falls to pieces of its own
weight, and the court has but one thing to do,
to find the charge not proven.
Article eleven, charging respondent was in
toxicated during the hearing OF motion for
new trial in the case of Young VS.. Davis, at
general term of court in Nicollet county, May
1881. The evidence for the state were Mr..
Lind and Mr.. Laid. Mr.. Lind only thinks the
Judge was intoxicated. but Mr.. Ladd goes the
whole thing and says he was drunk, but
neither one stated any Conduct on tie part OF
tht badge or any act of his to sustain the as
sertiop, beyond the fact that he was grabbed,
and abrupt iu his rulings, and seemed
to be thinking of something else opposed to
them, is Mr.. Davis, lawyer interested in the
motion, Mr.. Rogers, clerk of the court, and
Mr. Ware, shorthand reporter. The first
abrupt manner of tine Judge, undertook to
find out the cause and they testify that it was
not from intoxcation but from court troubles
the night previous. They had inquired into
the facts caaefully to satisfy themselves and
their testimony was positive. For the prose-
cution one witness was a candidate for the po
sition of the judge should he be removed, and
the other of man who had become so embit-
tered by decisions against him, as to cause
him to declare publicly on the streets, as had
been brought out in the evidence, that h.
''would like to cut his id drunken CUTS
out" Weighing the evidence impartially, ex-
aiming the character and the motives of the
opposing witnesses, there can be, Mr.. Arctan-
der said, that the prosecution have failed to
sustain the charge and that an acqutta1 must
be had upon it.
Recess until 2:30