Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-19
THE COX IMPEACHMENT.

Another Day Of This Memorable Contest |
A Good Deal of Whisky Found to be
Hon Board.
There was nearly full senate when Presi- |
dent Gilman called it to order at 10 o'clock |
yesterday morning, and the impeachment trial
was proceeded with.
Before proceeding with the regular order
Mr. Brisbin of counsel desired to make mo.
ton to the effect that when the managers
have completed the examination of their wit
nesses the court adjourn for eight or ten days
to allow the defense time to secure his wit
nesses and arrange for his defense.
AS well known the specif-
cations to article, II, one of the principal
charges, were only served on these three work.
ing days before the meeting of the court. The
defense, Mr.. Brisbin said, had not expected to
be required to meet the charges under article
II, and it could readily be seen by the court
that their being retained largely increased the
labor of the respondent in his defense.
Mr.. Hicks, of managers, said they did not
desire to object, provided the same courtesy
| was extended to them in procuring witnesses
| in rebuttal He further said he thought de-
| Tense had had fair notice of the charges nnder
article H..
Senator G. D. Gilfllan moved an order that
| the clerk call the roll of witnesses for the
prosecution who have not already testified,
and when dismissed to be paid for the time in
actual attendance on the court, and seven cents
per mile coming and returning home.
| In speaking to the order Senator Giifillan
stated that the daily expenses of the court
were about $780, and that already about
quarter of the appropriation had already
been exhausted and that at the rate of progress
being made the entire appropriation
would be exhausted before the prosecution
had completed their case, leaving the respond
emit entirely powerless in the matter of sum-
moning witnesses in his behalf, except as he
could do SO from his own private means. The
court could not issue paper, or by other means
provide for payment of expenses beyond the
appropriation.
The order was adopted.
The call of the names of witnesses under the
order showed list of 81 yet to be examined
Senator Campbell called up the report of the
committee On rules heretofore gwen, and
moved their adoption.
Rule %, referring to the final argument
was accepted and the report then adopted,
action upon rule % being postponed until the
next session of the senate.
Senator Castle, in response to the request of
counsel that time be given them to secure
witnesses, moved that the case of the prose-
Senator Wilson thought the managers ought
to be able to notify respondent about the
time their case would be closed, thus giving
respondent the necessary information.
! Senator G. F. Buck said it was a very i'm
portant case He hoped the evidence intro
! duced here would enable him to vote not
guilty, and he should vote at all times to ex-
tend him every possible opportunity to dis
prove the charges made against him.
Senator Kinds thought the order should be
adopted as matter of economy.
Upon call of the vote the order was adopted.
Yeas %, nays 2.
The examination of witnesses was then pro-
ceeded with and
j. LAMBERTON
recalled for the prosecution.
did not testify yesterday that Cox always
had his wits about him, no matter how drunk
he got, meant he always knew what he was
doing, though his intellect would naturally
be clOuded.
Manager Collins asked witness if he consid-
cred that since March 80, 1878, Judge Cox had
| been an habitual drunkard.
Counsel for respondent objected and argu-
ment followed, counsel claiming that the
: question of intoxication was matter of fact,
and that opinion was not proper testimony
/ upon such a charge.
argued that under charge of this nature,
that of Overwhelmingly matter of opin
ion founde upon the actions and appearances
e of the individual-was perfectly proper and
an essential element to prove the fact.
Mr.. Brisbin OF counsel, argued that
the question of habitual drunk
enness was matter of fact
e ion was allowed was in the case of experts
g | In such cases the facts must be given while
the conrt has to decide whether the facts given
sustain the charge.
/ President Gilman announced that the ques
ton was an improper one, thus sustaining the
objection.
Il 10 Mr.. Arctander-I stated that when Cox
, was little drunk he seemed sharper than
, when perfectly sober, but when drunk he gets
little stupid.
JOHN LIND SWORN
+ upon article 8.
1 Reside at Tracy; receiver of the land Office
lawyer by professions; have practiced al New
Ulm since 1876; have known Judge Cox since
the spring of 1878; was in attendance upon
the hearing of the case Wells VS.. Geiske, Jan
: 13, 1879: this is the case testified TO by Mr.
Pierce and Weber: Judge Cox was not sober
I at that time, nor would say he was drunk
he was under the influence of liquor; the
=
that day was suffering from the reaction; he was
drunk the night before. I saw him several
times. The other business of the court had
been completed, and this trial was taken ur
! l. by agreement between attorneys. 1t was moi
understood the judge was to try the case. He
presided. The condition of the judge was
talked over, but if he had been absolutely, il
: would uot have been expected he should decide
, the case. The testimony was taken by man
agreed upon. I can hardly give an opinion as
to whether he was in condition to take the
testimony. l don't wish to be understood as
6 saying he could not take the testimony.
didn't notice any thing particular in his be-
havor. saw him about o'clock the after.
noon before, and he was then intoxicated
Cross examined-I thought the judge was
suffering from the reaction of the intoxicatior
) of the day before, though thought he had
been drinking. 1t was what we call in New
Ulm s'katzenjammer"-that his hair pulled
and he felt dull and stupid. Do not remember
a single instance in the case on trial, where
J the opinion of the judge was called for. Did
not notice anything particular out of the way
business than if he had not been intoxicated
the day before. l did moi
think him crazy drunk or terrible drunk. ]
! don't recollect of his making any improper
rulings. If he had done SO think l should
have recollected it. Don't recollect that
Judge Severance told Judge Cox to keep
, STILL
'Re-direct-Judge Cox was cross with him
self, the suit and everybody. BE acted little
F.; contrary.
Manager Collins then called attention OF
witness to case at st. Peter, December 10,
, 1879, under article z. 1t was an appeal case.
The case was taken up in the early part of
the day. While 1 thought the judge had
drank some, did not think suf-
/ Hn;a f1xy 70 mi arT
trial. In the afternoon recess was taken, re-
converting about o'clock, then noticed the
Judge was intoxicated. 1t was jury case.
Cross-examined- it was the second
jury case tried at that time. Neither of the
recesses were taken on account of the condi-
ton of the judge. My opinion is the judge
was pretty wild in the evening. Any person