Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-03-17
COUNSELOR BRISBIN.

ny and Eloquent and Feeling Peroration
in Behalf OF observation-disclosures Gould
Discusses the Law Points InvoIved-And
Argues That Drunkenness In Public
Official is an Impsachsble Offsnse.
Prompt on time. yesterday morning, 9
o'clock, the impeachment court was called to
order, and Counselor Brsbln resumed his err
gument. He commenced by calling attention
to the fact that under the law respondent was
entitled to the Seneft of every doubt. The
testimony for the defense had certainly raised
strong doubt as to every charge, and re-
spondent could not therefore be convicted.
Referring to article 4, in which Wilson,
Webber, Pierce and Thompson play so prom
inent part, Mr.. Brisbn said tie facts were
these gentlemen had gotten into quarrel
among themselves, and the fact that Judge
Cox did not commit them all for contempt,
was the strongest proof to his mind of the al
legation of intoXication set forth in the arti-
Gle. The Long mandamus matter, lie said,
was an ex-cathedra proceeding, not occurring
at either special or general term, being
simply a compliance with au order
OF the supreme court, and was therefore not
matter for which respondent was amenabe to
this court.
Abiding to the character of the testimony
for the defense Mr.. Brisbin said Manager Col
Inns had mentioned iu o sneerving way, the
fact that there were among respondents wit
nesses twenty-five young lawyers practicisi1g
in his distrc'. To his mind the learned mana.
ger could not have paid respondent higher
compliment. The presence of those twenty
five young lawyers, was most convincing
testimonial to the character, integrity and
kindly feelings of the Judge.
Referring to the testimony OF the witnesses
for the prosecution as to the alleged drunken
ness of respondent, counsel said it was made
up OF mere opinions. Some thought he was
drunk because they imagined his eyes were
blood-shot. Others because his hair was not
combed with its usual nicely, and still an
other for some other reason but strange to
say, no one Of these had seen him getting
drunk.
Commenting upon the testimony of lawyer
Pierce, in which he volunteered the remark
with reference to Hon. Francis Bassen, New
Ulm, the first secretary of state of Minnesota,
that he supposed he was drunk with respond
ent. Mr.. Brisbin denounced the statement as
OF pcicc with all the maliciously conceived
evidence of that witness, and foul SANDER
upon one of the most ehivalric citi-
zens Of the state, who, when danger
threatened the lives and property OF the PEOPLE
of the frontier in that dread period of 1889,
joined with Capt. Cox and others of that noble
band in offering their lives as shield and pro-
lection, while this illuminating witness was
sneaking aboutto pick up petty fee in some
little pettifOgging case. Not satisfied with
this dirty, unbecoming and unprofessional i'm
pntaton upon Mr.. Baasen, this same witness,
Mr.. Brisbin said, must 60 ou5 of his way
volunteering it, too, as in the case of Mr..
BaaseL-to cast @ reflection upon former
judge in this city, who but short time before
had been borne to his last resting
place by sorrowing friends. This judge had
his facts undoubtedly, Mr.. Brisbin said, but
his virtues greatly outweighed them, and the
memory of his kindly disposition, his loving
deeds, and integrity of private and official
character, would be cherished BY those who
knew him long after the vulture who would
follow him to his grave to traduce him, was
forgotten of men.
Referring to Manager Collins comments
upon Counselor Arctander's reference to re-
spondent's coat of arms, Mr.. Brisbn said the
sentiment was unworthy the gentleman who
uttered tit, for while there were no titled
classes in this country, pride in the noble
deeds OF our ancestry, and emulation of
their worthy achievements, was one of the
noblest impulses that actuated the human
mind.
In conclusion Mr.. Brisbin said he would
| read few words from "that laureled arsto-
crat of the civilized world" Mr.. Erskine,
| whose words, he said, would ring in the ears
| of humanity "until the last syllable of re-
corded time" He then read as follows:
Zone word more, gentlemen, and l have
done. Every human tribunal ought to take
care to administer justice, as we look hereafter
to have justice administered to ourselves.
Upon the principle on which the attorney gen.
eral prays sentence upon my client-God bave
| mercy upon u.s. Instead of standing before
him in judgment with the hopes and consola-
tions of christians, we must call upon the
mountains to cover us; for which of us can
present, for Omniscicnt reasons, pure, I'M
spotted and faultless course? But I humbly
expect that the benevolent author of our being
will judge us as have been pointing out for
your example. Holding up the great volume
of our lives in his hands, and regarding the
general scope of them, if he discovers benev-
olence, charity and good will to man beating
IN the heart, where he alone can look; if he
flnds that our conduct, though often forced
ont OF the path by our infirmities, has been in
general we'll directed; his all-searching eye will
assuredly never pursue us into these little
corners Of our lives. Much less will his jus.
tice select them for punishment, without the
general context of our existence, by which
faults may be sometimes formed to have grown
out of virtues, and very many of our heaviest
offenses to have been grated by human imper.
lection upon the best and kindest of our affec-
lions. No, gentlemen, believe me, this is not
the course of divine justice, or there is no
truth in the GOSPELS of heaven. If the general
tenor Of mans conduct be such as I have
represented it, he may walk through the
shadow of death, with all his faults about
him, with az much cheerfulness as in the CON-
mon paths of life, because he knows that, in
stead of stern accuser to expose before the
nf
which, like the scored matter in the book be-
fore you, checkers the volume of the bright
est and best srent life, his mercy will obscure
them from the eye of his purity and our re-.
pentance blot them out forever
Finally, Mr.. Brsbine said Judge Cox had
been through the fiery furnace. The iron has
pierced his soul. But we make no personal
appeal for him. All we ask, senator's, is that
you deal justly with him. If you do that you
will acquit him. He has been put upon the
rack, and the lesson has sunk deep in his
heart. Do not now bar the gates OF reforma-
tion against him, but give him an opportunity
to prove to you the good there is in him, and
it will be reserved to him to say in the Ian
guage Of the immortal bard:
My reformation, glitteripg DER my fault,
Shall show more goodly and attract more
eyes
Than that which hath no foil to set it off.
With this quotation Mr.. Brisbin brought
his argument to close, when Senator Crooks
moved recess, which was carried, immeJi.
ately upon which number of senator's ap-
preached Mr.. Brsbin and warmly congratu-
lated him upon his able and eloquent effort
an effort 1t can be truly said which was fol-
lowed more closely and with more marked in
terest by senator's and spectators than &C.
corded to either of the speakers who had pre-
coded him.
For the Prosecution,
Coming to order after recess of five min-
utes, Manager Dunn said he thought the clos
ing argument for the prosecution could be
facilitated by allowing division of the argu-