Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-03-18
APPROACHING THE END.
Manager Dunn Commences the Closing
Argument In the Impeachment Case
Extension Of Time Granted-Brlef Dis
cussion by Senators rs to Mode of Pro-
cedure.


cussion by Senators as to Mode OF Pro-
cedure.
Upon coming to order at o'clock yesterday
morning, in the impeachment court, Msnsger Dunn
commenced the closing argument In the Casa duty
he said he approached with difidence and doubt OF
his ability to properly perform. For himself end
associates, Manager Dunn disclaimed that their was
aEy personal malice the part Of the prosecution OF
this on the part Of the managers, but they ap-
peared simply as the representatives OF the lower
house OF the state legislature. AID In obedience to
Its mandate aud in the conduct Of the they had
simply tried to do the duty imposed upon them.
The law points involved in the case he said. had
been most forcby and thoroughly xslained pro and
con- and with the effect he believed Of establishing
the correctness of the positions taken by the man
agement, and in the closing he simply had to deal
with the dry facts.
First Manager Dunn cav the naked issue was
whether respondent fit psrson to longer FL and
enjoy the pos ton of judge Of the ninth judicial dis
trct. This question we desire to de decided upon
sound legal principles, and none other, and If it has
been shown, and we believe 1t has, that he has been
shown unfit for the position he holds we shall ex-
pect conviction. Proof has been introduced here
showing respondent guilty Of derelicton of duty on
eighteen different and distinct occasions since 1873
These have not been casual slips, but series of dis
reputable acts This is the question the senate
| to decide. Have these things as alleged in the
charges been done. and if so to pass Judgment. In
no instance has there been direct denia, on the
part of the respondent of the truth of these charges
but the contrary they have been met in spirit OF
levity attempted TO be disposed of by the claim
| that if true they constituted no offense.
Manager Dunn then proceeded to review the tes-
| tmony, promising that he should touch upon come
of the articles but lightly. In fact there wers me
| articles which, standing alone, won not warrant
conviction. Oshers standing thus alone would war
rant and require conviction, and upon them he
should dwell mora at length Take the first article
charging respondent with being intoxicated at Fair
mount Jan. 10, 1S73-ihe first time he bad been
called to sit il Judgment upon his fellow men as q
judge. He went there clothed in his right mind.
His friends gathered around him, congratulated him
| upon his promotion and warned him against his
great failing. The evidence showed he remained
sober for two or three days. and then he fell. and
did become intoxicated upon the bench 1t was his
first offense, and everybody was willing to cOudone
it. But 1t crept into the newspapers, and it soon
became known to the people OF the state. Finally
it crept into the legislature and was partially invests
gated and dsopped as every one, almost desired it
should, III the hope it would prove lesson and re-
suit in reformation. The testimony ls before the
senate Tsheit, analyse 1t and render your verdict
upon the facts.
| Upon some Of the charges, Manager Dunn said,
no evidence had been produced. Upon others the
| evidence WAS very conflicting. Take the second
article. In April 1870, respondent was called upon
| to hold term of court for Judge Lord at Waseca.
AS had been said by senior counsel for respondent,
the question Of intoxication was largely matter Of
opinion and in weighing testimony the court should
consider who of tbs witnesses had the better oppor
tunity to form the most correct opinion.
Thus analysed, while the witnesses for the respon-
dent largely outnumbered those for the state, the
opportunities Of these latter for properly noting the
condition CT the judge was such that their evidence
greatly outweighed those for the respondent, and
| clearly establishes the truth of the charges. Re-
| spondent had abored hard to break down the force
of this evidence charging malice, personal hostility,
etc upon them, reflection, the manager said, as
shown by the testimony, that not sustained by
the facts The turning point under this charge was
the Sd day of April, and the manager claimed that
the charge that respondent under state Of in.
toxicaton had been proven beyond the shadow of 8
| doubt. and conviction must follow The
| manager then went on at some length to
analyze the testimony of the Witnesses pro and con-
show how it sustained the truth Of the charge Of
! drunkenness. While progressing Senator Powers
asked the manager how he would conform the theory
of drunkenness with the testimony Of Mr.. Holister,
a witness for prosecution, that if Judge Lord had
been in the place of Judge Cox he would not have
| thought anything of the conduct or for moment
have Supposed him intoxicated, which he answered
| by saying that witness knew respondent to bs q
| drink ing man, that he had drank with him that
III rning, and that naturally he connected his un.
| usual appearance and conduct with that of having
| taken too much liquor. In concluding this point
the manager said, the failure of Judge Cox himself
TO take the stand and under his judicial oath, deny
tina charge he was intoxicated the evening Of the
Sd of April, of the strongest proofs possible
| Of the truth ofthe charge.
| Manager Dunn next took up article 8, the Gezike
case, at New Um, June, l879 which he said he con-
sidered one OF the important occurrences in the case
only to find ind the judge drunk in
a back alley, Cd d-n drunk, as he himself ex-
pressed it, Finally. the evidence shows that the
judge consented to go with the case LATER pro-
vided would be gotten to copy the evidence
| for him. The claim Of respondents counsel that
| the hearing being In chambers and entirely within
the discretion of the judge to when 1t should be
heard is of no force. Tho time had been appointed
and the counsel were in attendance in pursuance OF
that appointment to proceed with the case, but the
judge was SO drunk he could not hear the This
| s the testimony of Martin J. Severance and other
reputable witnesses AMI the facts stand before the
| senate without being weakened in any material
| matter. Here the manager INDUCED in warm eu-
| ogy Of the private and public character OF Judge
Severance character ne said impregnabie to the
assaults made upon it by respondents counsel, and
| from whom any charge would react and destroy the
person making it He also alluded to the assault OF
| Counselor Alexander upon Lawyer Pierce and de.
| Tended the general character of that Nitress,
and claimed that his testimony as to the
| transaction, which he had read by Secretary Jami,
son. to show that there nothing malicious in it
but was moderate and straightforward such as any
honorable man, seeing the acts sworn to he did,
might have given. The other Witnesses for the
prosecution corroborated these two. Tho testimony
for the defense contrsdicted this evidence and the
question for the senate to decide which was en-
| titled to the greatest weight.
| At this point, the hour of recess having arrived,
Manager Dunn ceased speaking, when Senator j. B.
Gihllan said 1t had been suggested that the senate
ought to decide when il will enter upon lis final
consideration of the ma ter. It was understood the
manager to close this evening. For himself, he
was ready to enter upon the final consideration at
once, but he felt like deerring to the wishes Of SEN
| ators from abroad
| Senator A. NJ. johnson of Freeborn and Senator
Johnson o. Goodhue thought the session shouli be
continued until vote was reached and the case dis
posed of.
| Senator D Buck thought some rule should be
| adopted He was not aware whether any senators
desired to speak and explain their positions. For
himself he should be ready to vote soon the
gument should be closed.
| In response to suggestion Manager Dunn stated
| he had been very desic0us to close the argument
to-day, but he felt if he should try to conclude to-
Gay he would be recreant to his trust; that If he
| should do SO the managers would be open to the
charge that they did not have the force ability to
| answer the very exhaustive and able arguments
of respondents counsel. His duty required
him to make this argument as full and COM
pete possible, and he could not do it, # he was
| required to bring it to close this evening.
| Senator Castle offered order that the senate
close of the argument, that each senator have -
minutes to explain his votes and that he may file his
| opinion at length if desired il tea days.
Senatar j. B Gillian moved amendment
| that Immediately upon conclusion of the argument
the senate go into private conference, and explained
that he made the proposition with the idea that de-
tails to the rule to govern the senate should be
| settled in secret conference.
Senator Powers thought neither thu order touched
| the point. First, Manager Dunn should be allowed
all the time he wanted. He said this because he be-
lieyed the managers had largely failed ia substan-
tiatng theic charges and he should vote There
| FORE he would not be a patty to CHOKING off The