Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-02-08
AT IT AGAIN.

al IL AUA1N,
The Impeachment Court Resumes Its
Work-Quaiiflcation of Senators Opsu-
Ing OF Counsel for the Defense.
After a vacation of ten days the senate re-
sumed its sitting yesterday afternoon as q
cour. of Impeachment in the trial OF Judge
E. st. Julien Cox.
The roll being called, the following senators
answered to their names, viz: Aaker, Adams,
Bonniwell, Buck, c. f., Case, Crooks, Gill
johnson, r. B., Langdon, Lsngdon, McCrea,
Morrison, Perkins, Plllsbury, Powers. Rice,
Smaller, Tiffany, Wheat, Wilkins, and Wilson.
Senator Crooks arose to question OF priv
ilege and called attention to the question that
had been noted by the GLOBE, as to the rights
of certain senators to Sit as members Of the
court, referring to j, B. Gilfllan, who is a
regent of the State university. and also j. B.
Clement, OF Rice county, director in the deaf
and dumb asylum.
Senator Gilfllan said: ! am not aware that
the question has been raised by the honorable
board of managers, and am not prepared to
express an oplpion, other than that o, de.
cislon made some twenty years ago, which 10
matter of record, to the effect that the office
of regent of the State university dues not
denar any person from also being a state
officer.
senator Kinds thought that question was
decided when the oath Of office was admins
tered to the various incumbents, and as that
body not beng in session it Is not competent
| for this court 10 decide. After some remarks
the whole matter was left In abeyancc.
Manager Arctander began his argument by
stating that the time allowed was to- short for
| counsel to Wade through one thousand pages
of testimony and prepare their case. 10 brief,
the prosecution had not seen fit to charge de.
| PENDANT with crimes or misdemeanors, /. O.,
corrupt conduct in office. Again. counsel ad.
mits drunkenness as simply vice and not q
crime, quoting Bishop Wheatly, standard
| authority In moral philosophy. In this state
| there Is no law on the statutes making 1t a
crime as In Maine and Massachusetts. This
is in controversion Of the statement, that 1t Is
SO regarded by the common law. The only
| instances quoted by the counsel for the State
we're cases, one In the mountains of Pennsyl-
vannia and one in the backwoods of Virginia.
He claimed that they were not here to meet
| the articles but the proOf-which has fallen
| far short of being sustained, especially the
charge found in every article. viz Which
disqualified him for the exercise of his under
standing in matters and things then and there
before him as such judge, and which rendered
ultA lucOupStCub dud W uISSu0i nc tuC
duties of said Office with decency and Ge.
eorum."
Every witness called testified that Judge
Cox when in liquor was intellectually bright,
and law points were grasped with extraordl
nary quickness of perception, and business
| was dispatched with unusual celebrity. Counsel
quoted largely from history OF notable per-
sOnages Of ancient and modern times, occupy
ing high positions in church and state, who
we're notorious wine bibbers, and yet 1t was
considered no crime.
RESPONDENTS counsel IN succession reviewed
| all similar cases of Impeachment in the law
| books, both of England and this country,
after which personal review OF Judge COx's
conduct was referred to.
Four years ago what was the condition Of
| the morals, etc of the Ninth Judicial district?
At that time from half a dozen to one dozen
saloons were running without license In al
most every village at which minors could get
drink, but at present there are none without
license. OF the twelve hundred Cases tried by
| Judge Cox only eighteen had been galnsaid
| and only five had been set aside, showing con.
eluslvely that Judge Cox was one of the most
efficient Judges in the state, in fact he Is 60 re-
| garded by the bar of Minnesota. Counsel
claimed that when he took his oath
| of office there was nothing therein that for
babe his drinking whisky. This not being i'm
spondent's right to drink, to even get drunk,
all of which counsel would admit respondent
did do. Were it the case, there are other dis
tingulshed judges in this state who are fit SUBJ
jects for Impeachment.
Referring to the celebrated impeachment case
of Judge Cox, he said in the present case there
was no petition comprising large majority
| of the citizens and tax payers for his removal
only two; one minister of the gospel, who
| had taken umbrage at some remarks OF Judge
Cox. and another, who had been prosecuted
| and brought to trial at Judge Cox's own sug-
gestlon. The counsel claimed that in order to
constitute crime ora mlsdemeanor, they
must allege errors of omission or commission,
which they had not dared to DO nor attempted
| to prove. The hour of O'Clock having ar
| rived as the counsel was about to enter into
| the evidence in detail, the court adjourned
AN AID IN THE CASE.
Hon. J. w. Arctander, managing counsel
for the defense in the Cox Impeachment, at
his own expense and no little labor, prepared
and had printed an index to the testimony
of the different witnesses for the state, and
their cross.examination arranged alphabetical
| ly under each article, copy of which was
laid upon the desk of each member of the
| court, the board of managers and reporters.
The index will prove a great convenience,
| as by it the members will be enabled to fol-
low the witnesses for the defense land compare
their statements with the evidence for the
prosecution, without the loss of time and vex.
alton in searching for the page that would
otherwise occur. 1t was very thoughtful
act on the part of Mr.. Arctander.
PERSONAL,