Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-03-31

iications of the second charge, and
in addition will call witnesses to tes-
tify to some fifteen or twenty other in
stances of intoxication, both public
and private, at the same time pre-
senting, as graphically as possible, the
result of the qualification of these ap-
patites by the accused upon his con-
duct of the duties of his Office.
During 1909 the instances were
frequent but the elimination comes
in 1910, during which year they
become so frequent as al most
If not quite one per month, be-
ginning with the Slaven's trial at
Rugby January, 1910, where he de-
layed the arial of the case for IL
horus or more; the case was set
for Tuesday morning, January 20,
1910, and it was an important case.
1t had been transferred from McHen-
ry county, a jury had been called,
and Judge Cowan left Devils Lake
January "a, reaching Rugby shortly
afternoon of that day; although dis
tant less than three blocks from the
hotel he was unable to reach the
court room until Wednesday after
noon, more than 48. hours later. Dur
ing the progress of the trial he fell
asleep because OF the exhausted men,
tai and physical faculties.
During the thirty.six hour period
he kept to his room in the hotel,
the jurors, the witnesses, the attor-
neys and the court officials stood
about the streets and in the court
rooms discussing the condition. Dur
ing the progress of the trial he fell
asleep and the disgrace of the judi
ciary was increased by the spectacle
of bets being made in the presence Of
the jury relative to some incident Of
the trial, the ruling he might make, or
the period that would elapse before he
would awaken"
The prosecuting attorney also re-
ferred to alleged drunkenness upon the
part of the Judge on April 4, June 20,
October Is. October 81 and November
3, during the same year. The first
two dates and the last were election
dates; October Is it is claimed that
he was intoxicated while arguing
with minister of the gospel immed-
lately following an attempt to clean
the city of Devils Lake of 1.-THE un-
wholesome conditions alleged there
to be existing" The October 81 in
stance is claimed to have occurred
in the Ramsey county district court
room when it is said that Cowan. in
stead of calling certain drug permit
cases for hearing at the time fixed, he
called up a prisoner against whom the
testimony CT physician touching
filthy disease suffered by the prisoner,
and that there were women in the
court room at the time. Some of the
women afterwards spoke to Cowan
of the drug permit hearing. and they
claim that the judge was at that time
Reference is also made
in connection with the alleged in
toxication of the judge November 8,
to the effect that he had been in a
livery barn all the previous night in
an intoxicated condition.
Mr.. Bangs took up the various spec
ifications of the charge contained in
the second article.
1.-The statute expressly prohibits
and makes criminal the act of appear
ing in a public place under the in
fuence OF intoxicating liquor whether
the offender be an official or private
citizen and the gist of the crime is
the offense to public morals and de-
cency. The statute is, perhaps, a
slight modification of the common law