Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-06
THE C0WAN CASE
late WE'D. P. N.

James Limbo-On cross examina-
ton said that he had been asked
by Mr.. F. H. Prosser and l.. J. Wehe
to keep lookout for the actions of
Judge Cowan. Objection was made
by the prosecution to the examination
of the witness with reference to an
automobile incident and it was sus-
tanned. The respondent asked permis-
sion to take the evidence on direct
examination, but objection to that &C.
ton was also made and sustained.
that at the time he saw Cowan in a
drug store he was not watching him.
George Hancock of Fargo, said that
he had entered a court room in Devils
Lake and .lere saw Cowan on the
bench asleep, and the witness said
that the judge was, in his opinion,
"dribbling drunk" meaning that Cow.
an was in such condition that water
was running from his mouth. The
cross examination elected nothing
new except that Hancock and Attor-
ney Cuthbert became involved in a
dispute.
w. F. Crowley of Devils Lake, a
druggist, said that while in the en-
ploy of the Ness store that he had
sold whisKey to Cowan, sometimes on
an average of three times a week,
and that such liquor was charged to
the judge under the head of mer-
chandise. The whiskey was usually
sold in half pints, but he had never
sold it to him in glasses. AS rule,
the witness said, that the Judge would
take the liquor away with him, but
: that he would sometimes drink it on
the premises. There was a store.
room in which the liquor was drunk
Crowley also said that he had seen
companions of Judge Cowan purchase
liquor.
Then was some argument between
attorneys over the manner of direct
! ing questions, the prosecution seek.
/ ing to show that liquor was sold to
other persons at the store. Such evil
dence was not admitted.
Considerable cross questioning as
to drug permits, and also as to wheth'
err or not the witness knew when
; Cowan was away. The witness said
; that at times Judge Cowan would
come to the store every day that
he was in town, but the witness did
not know when Cowan was in the
city. The witness further admitted
that he could not swear that Cowan
: came to the store every day for ten
consecutive days, nor could he swear
that COWan came to the store five
consecutive days The witness also
admitted that he knew that he was
breaking the law in selling liquor.
Questioned as to evidence he offered
the house investigation committee
last February his memory on that
testimony was practically blank, he
being unable to give the court of i'm.
parchment any idea of what his evi.
dence was except that he believed
the question of liquor had been taken
up.
| Finally after extensive questioning
the witness stated that he had told
the comm'' tee that he had sold liquor
to Cowan. The witness also said that
he had talked to Cowan in Bismarck
at the time he came to Bismarck,
saying that he did not know what he
had been subpoenaed for as he knew
nothing. He was also asked If he
had not told Cowan that he had never
seen him (the judge) buy or drink
liquor on the Ness premises, and wit
ness declared that he had not. He
finally swore that he had made no
statement to that effect. He was also
asked if he had made statement
to that effect the evening after the
day he had testified and also de-
clared that he had not. The witness
was asked as to feeling toward Ness
and declared that so far as he was
concerned such feeling was friendly.
The witness also declared that he
had not been given promise Of i'm.
munity from prosecution for appear.
ing to testify against Cowan, nor had
any promise of being taken care of"
been given.