The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-11
COWAN WON VICTORY In
TODAY'S BITTER Fight
Continued From Page One.

!
Ellen Cline VS.. Margaret Duffy, tried
before him in the month of July, 1908
| and in the charge 1t is claimed that
the action remained undecided until
Dec. 20. of the same year.
Fred Traynor of Devils Lake. one
OF the principal witnesses for the
| prosecution, was called to the stand
to testify I'm regard to the case. He
stated that I'm that particular action
there had been no delay in the deci-
sion on the part of the Judge Cowan
but that he had made a mistake him
self in sending the wrong title to the
board Of managers when the list OF
charges was made up.
Instead OF the title being Cline VS..
Duffy 1t should have been Jergin VS..
Roe, as the date was exactly the same
and applied TO the action OF the last
mentioned title instead of to the case
of Cline VS.. Duffy, which was given
later in the specifications under the
same charge.
Counselor Bangs Of the prosecution
asked permission to insert the proper
title OF the case which he said had been
intended and omitted on an oversight
and mistake made when the charges
were prepared. Tracy Bangs, of the
defense, strenuously objected to such
an Injection at this time in the course
Of the trial.
These charges were made" said
Mr.. Bangs, ito convey the information
from which the accused may prepare
his answers. If such a claim as the
counselor's is sustained, any one of the
specifications may be altered and
changed that other cases which may
be found not to have been delayed
through any fault of Judge Cowan,
may be substituted with those which
will attempt to prove these alIega-
lions"
Senator Simpson inquired of Witness
Traynor why he had made no at
tempt to make the proper correction
before he took the witness stand. and
he replied that when Homnes wired
him. before the charges were made.
to send him a list of the delayed cases.
he had made a mistake in one of the
titles, which was emphasized In spe-
cification 80. He further stated that
he had notified George A. Bangs
counsel for the prosecution the Sat
urday before the opening OF the trial,
he believed, of the error which had
been made on his part.
President Burdick remarked that he
thought he remembered hearing Mr..
Bangs make reference to such a mis-
take in his opening argument TO the
senate in which the latter had fully
outlined the case ard the numerous
charges. Mr.. Bangs said that IL had
been almost impossible to carefully
analyze all the legal cases in the de-
layed cases. charge and grasp them
completely until they each came up
in turn. Therefore he had not been
familiar enough with the case at hand
to make a positive statement cover
ing it's deficiencies at that time.
On a question asked by President
Burdick If the board of managers
would be willing TO put i'm that spe-
cific case in the list If those to be
presented In the application OF The
board for further charges, Mr.. Bangs
stated that he would be willing, that
he wanted to be perfectly fair to the
respondent and allow him to prepare
his defense.
Senator Simpson inquired II Mr..
Bangs had yet served notice on the
GOASAA0C hAtNLh SANt q NAdIAEG Buphlu
have been made i'm the specification
of the. charges. President Burdick
asked that the board of managers give
notice then and allow the defendant
to prepare his answer.
Davis Clashes With Simpson.
The senator from Stark county then
asked If such a notice on the part OF
the prosecution had been made on the
He said he wanted to
know IL an adjournment had to be
taken in order to allow Judge Cowan
time to look up the necessary data on
the subject so that he could properly
make his answer to the senate, and
If such were the case he opposed such
action on the part Of the board of
rs the senator from Stark county
speaking for the defense?" asked Sen
ator Davis.
A rigid preservation Of senatorial
courtesy has always been urged by
Senator Simpson, and when he in
stantly rose after the speech Of SEN
ator Davis the reply he made was ex-
tremely polite but to the point. He
said he felt the senator from Sheridan
county had evidently misunderstood
him, and that he did not wish 10 un-
delay the hearing of the
ease merely in order to permit cases
TO be brought in against Judge Cowan
that were not in the charges already
preferred by the house of representa-
lives. And he added that 1t might |
oehoove Senator Davis to wake up end
listen.
Submitted to Senate.
FplaIly the question of whether or
not the board of managers should be |
allowed to change the title of the case
IF Cline VS.. Duffy to Jergin VS.. Roe
N specification 81, charge 8, was sub
nitted to the decision of the senate. |
On roll call the defense was sus-
aimed by two votes, nineteen voting |
against any such change and seventeen |
'ayoring the proposition.
Middaugh on Stand.
Henry Middaugh. former partner of
Governor Burke and r. It. Cuthbert OF /
counsel Of defense, was put on tho /
stand and was the last witness of the /
afternoon. The examination was long
md tedious and covered many OF the
Ipecifications In the charge pertaining |
% delayed cases.
Those brought out in his testimony |
we're Maceschem vs. Jilek. which he
vas unable to tell about its trial; /
Chamberlain VS.. Doyon, Mckee VS..
Haley, Rock Island Plow Co. VS.. STEM
Eeth, and Beck VS.. Mcintosh.
In most of these cases Mr.. Middargh |
stated that MT. Cuthbert had appeared |