The constitution of the state required, in order to convict the defendant, a vote of guilty by two-thirds of the members of the senate. Instead of this the highest vote against the defendant upon any article was fifteen votes, or less than one-third, and upon the first, second, third, fourth, and fifth articles that embraced the original controversy with Governor Sherman, upon which he refused to approve the Auditor's bond and appointed his subservient commission, there was not a single vote of guilty against the Auditor, but he was unanimously acquitted. Upon several of the articles it appears that some of the senators voted "guilty" upon a very slim and unwarranted basis. For instance one of the articles of impeachment was against the Auditor for drawing a warrant in behalf of his clerk for the month's salary, the warrant specifying the particular section and chapter of the law that made an appropriation for the purpose of paying this clerk. The fact of the service being within the personal knowledge of the Auditor, and the receipt of the clerk being upon the stub of the warrant issued, and yet the managers insisted that there ought to have been a paper filed stating the account as between the clerk and the Auditor, and because it was not drawn out and filed among the papers of the office, six of the senators voted to find him guilty and to impeach him. It was a mere technicality, extremely, finely drawn out, and showed a disposition to try and ruin a man and his reputation without conscience or any regard to their duty as men and their oath as senators. The vote of fifteen upon the Bremer County Bank question against the Auditor may be justified upon the theory that a public officer situated as the Auditor was, having an important duty to perform, should not accept of any gift or favor or money that might be construed as something he had hoped for or expected when he performed his official duty. The act of receiving the money under the circumstances, though not criminal, was one of those acts of doubtful propriety that could scarcely be justified in a public officer. The acquittal of Mr. Brown was beyond question a righteous and just act. Governor Larrabee, the newly elected Governor, had already restored Mr. Brown to his office and discharged the appointee to fill the created vacancy, and the people of the state retired Mr. Sherman from public employment permanently. After retiring from office he engaged in managing an insurance company at his former place of residence in the state, in which he was unsuccessful.