Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-03-08
REVIEW OF THE TESTIMONY
Manager Collins Summing UP for the State
In the Cox impeachment.

Il
In the Cox Impeachment.
Promptly at 10 O'Clock yesterday morning the
impeachment court was called to order by Vice
President Wilson, with twenty-seven senators in at
tendance.
G.. n. Hilman, the official stenographer Of the
court and who also kept the minutes of the testi-
mony taken before the judiciary CONN itee of the
house, was examined by Counselor Arctander with
reference to tho testimony before the committee, for
the purpose of impeaohing the testimony of Judge
Severance aud Robert W. Coleman with which both
the defense and the state rested, the hour being ten
minutes to IL O'Clock.
Before proceeding with the closing argument
Manager Collins called the attention of the court to
the fact that the printed report Of Fridays proceed
ngs- covering rebuttal testimony upon article two
the Wrseca charge, had not been received. AS this
was of the principal counts in the complaint he
desired the testimony before him for reference in his
argument, and ne therefore asked that recess be
taken to ascertain when such printed report could be
secured. The request was granted and a recess
taken.
Coming to order again Manager Collins COM
menced his closing argument for the state. He
promised that he entered upon his task with diff
dence. The was one of great importance alike
to the state and the respondent, and the time af-
forded for preparation for the argument had been
very short.
In commencing his argument Mr.. Collins re-
viewed the position taken by the defense in the de-
murrer nterposed at the commencement OF the
III.
spondent, if true not matter within the pro
vince of au impeachment court to consider. The
court oveiruled that demurrer, thus in effect de-
Gliding that it considered 1t had the right
to try such a change by impeachment, and If sus-
tanned to remove accused from office. Notwith.
standing this decision of the court as he under
stood, counsel for respondent persisted in urging
the non impeachability of the ofense charged upon
the court and in support of the claim in this prem
mary argument, had cited many authorities to sus
tain their positions, some of which authorities Mr..
tod,
from which he argued that it was a well sustained
principle that drunkenness in public official was
an ippeachable offense.
Manager Oollias then reviewed briefly some of the
points advanced by respondents counsel, upon
which they we're to claim acquitta; that the judge
had not been drunk, that he was suffering from
bos, that the glare of the sun had blinded him.
that mosquitoes we're eating him up that he had
sick headache-in fact that he was suffering from
everything that flesh is heir to, all of which, as the
trial progressed had vanished into thin air. as had
the claim of want of jurisdiction set up by them.
In the trial. Manager Collins said the witnesses for
the state had been made up of better class of cit
zens in marked contrast to those introduced by the
respondent, ia which were two saloon.keepers and
five tavern-keepers. They had also introduced
twenty-five lawyers, but he imagined they were law
yers simply by trade.
Judge Cox is an old resident of the state. He has
been prominent man, though not as prominent as
he should have been On one occasion he was
nominated by the Democrats as candidate for con-
gress and We all know that had it not been for this
CurEe OF 1nl6Jnp6rauC6, WulCu udu lOuOWtU
him. he would have been elected. Soon after he was
nominated and elected judge-the proud position all
lawyers of any ambitiod aimed at. But ten days
after taking the oath of office he was so intoxicated
upon the bench as to exact public comment and
partial investigation by the legislature. No attempt
has been made by the state in this Paramount af-
fair, in any of the others upon VIII Oh this proee-
cution is based to show that the judge was maudlia
drunk but simply that he was sufficiently under the
influence of iqnor to be swayed by it to certain
tent and we claim that no man, much less.a judge,
can properly exercise his functions while under
such influence, and no judge who has any respect
for himself and his high position will visit saloons,
has been proven practice of respondent by bis
own witnesses.
Collins reviewed article three, the Brown county
the Gezicke trial-jn which Judge Severance, Law
yer Pierce and other witnesses had sworn SO posi-
lively, as to the respondent being badly under the
influence of liquor. Mr.. Collins reviewed the esti-
mony Of these witnesses and contrasted it with that
produced by the respondent-statiDg as he proceed
ed with his argument, that it was one of the main
charges upon which the state relied for conviction
He had not concluded his review at the time of the
room recess,
AFTERNOON SESSION.
Counsellor Collins continuing his argument, said:
That the witnesses for the prosecution fix the time
that the judge visited saloons at the Waseca term
as late as O'Clock n while the testimony of wit
nesses for defense fixed it at IL O'Clock p. m and
read the statute law on that point, which requires all
saloons in the state 10 be closed at ii O'Clock p,
fine example for judge. Father Hermann Is
certainly worthy and honest man, but being under
some obligations to Judge Cox, who had decided his
case favorably certainly felt SO, and his evidence
should receive little weight. Dan Murphy's "a saloon
keeper evidence not worthy of credence, yet he
cited his testimony against Cox. Next day Cox
looked worried and adjourned court on account of
81 headache. Cox to cure 1t took a pony of beer
and a carriage ride. The burden Of proof WAS that
Judge Cox pushed things, and the request of Cox to
attorneys in attendance, that odous comparisons
INDUCED In by lawyers and citizens between Cox and
Lords efficiency, should be taken as referring to
Coxs condition rather than to his Official aacrity in
other words, Cox had steam up and pushed things
with unseemly haste Referring to the Winona &
ST. Peter railroad case, he cited the mandamus of the
superior court Tor writ of Goddamus, as termed by
Judge Cox) compelling Cox to do an official aot,
evidence of his lack of propriety and defiance of law
Judge Cox's ruling in the Redsone village road
refusing the order of the county commissioners
it to stand to al portions of the the territory outside
of the village is strong evidence of Coxs condition
In the Kelley vs. Mccormick case counsel ad-
mited that respondent proiu moro witnesses who
testified Cox was sober, then the prosecution had
who testified he was drunk. The weight of evidence
only should be taken into consideration by the court.
Counsellor Collins characterized the issuing of
naturalization papers and the circumstances under
which it done at Marshall as the most out
rsgeous, fragrant and dsgraceful conduct INDUCED
in by Cox in all his official conduct
Referring TO the May term of court at st. Peter,
although the clerk of the court swore positively that
Cox SOBER the evidence was to the effect that be
actsd curiously.
Referring to the term of court at Beaver Falls Cox
evidently did not catch mosquito as sober man.
His visiting the saloon of (Benningham) who
had been indicted for selling liquor without il
cense, and afterwards borrowing money of the same
person is certainly evinence of his condition, and
very reprehensible.
Referring to to the Lincoln County term Of court,
held st Marshfed, and afterward adjourned to Tyler
he said it contrary to law and the unseemly haste
in ordering the records from Marshfeid to Tyler
unheard CT usurpation of authority. Counsel insin-
uated that the conveniences most wansd, /. e.,
looms, not being in the village had much weight IN
influencing the mind of the judge III ordering this
adjournmeot.
1t was at this point that evidence had been given
that Cox twas drunk as a ord,' that he went to
bed with his boots on" that he "payed cards and
gambled every nght etc Gall Of which respon-
dent asserts is FALSE and produced controverting es
timony.
Before adjournment a resolution was passed per
hitting the state to open with two speakers instead
of one and at the close of Counsel Collins remarks
it is understood that Attorney Gould will follow and
Counselor Arctander will reply.
Adjourned to 10 g.. to-day.
NORnHFIELD.
NopTHFvyJD March 7.-Mr. A, q WhinnJa who