The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-05

bismarck. N. ID. April 5.--Wher
Scott Rex. the we'll known Grand Fork,
attorney, was on the witness stant
this morning testIfying against Judg,
Cowan there was an interesting mo.
ment when he declined to answer &
question put to him personally by the
accused jurist.
During the testimony it was brought
out by the prosecution counsel thai
MIR. Rex stated he had known Judge
Cowan about fourteen years and their
personal relation had always been
most friendly.
Judge Cowan then asked the wit.
ness:
Are YOU now and have you been or
perfectly friendly feeling with me foI
the last year.
MIR. Rex stated he wished to qualify
his answer but the accused insisted on
a yes or no reply, whereupon the wit
ness said firmly:
Il decline to answer"
The Judge then withdrew the ques
ton but George A. Bangs secured
permission to ask the question him
self and the witness stated that he
had never had any unpleasant or
personal differences with the accused
or did not entertain any personal ami
mostly,
Attorney Rex's testimony was seri-
GUS. He said he had seen Cowan
partially intoxicated in a hotel lobby
at Rugby at term of court there
when he appeared as attorney in the
case of the McHenry County State
bank VS.. Goetz that Cowan smelled
of liquor.
He thought the opening of court
was delayed, He said the Judge did
not follow the course Of trial, sew
erai times inquiring who the parties
In litigation were and what the case
was about.
Attorney Rex said, Cowan went to
sleep In the afternoon session and a
man awoke him by shaking him.
The second incident cited was In the
Hotel Grace lobby and the dining room
at Lakota. July II, 1910, when Attorney
Rex testified Cowan was "silly" drunk,
that he staggered when he walked and
talked foolishly.
In the dining room he sat with the
accused for about five minutes. and
when the latter arose he put his arms
around Rex's neck and made foolish
comments.
The witness said r. ]. Day, Lakota
bank cashier, sat at the same table
and Geo. A. Bangs sat at another near
by.
Mr.. Rex denied to the counsel for
the defense, having taken an active
part in the Grand Forks indignation
meeting at the first action of tlP house,
but admitted having authorized his
name to be signed to the telegram
from the Grand Forks Bar association,
sent here before the vote was taken on
the first resolution.
When asked If he did not sign a
resolution after the house had voted
down the impeachment proceedings, he
stated he had IAN indistinct recollec-
ton of some one bringing around
paper of that sort and signing same"
Judge Burr Recalled.
Judge Burr was recalled this morn
ing to offer a correction In testi-
mony given last night In regard to
the Slavin trial. He further stated
that when he saw Judge Cowan at that
time. the accused appeared dazed and
didn't talk in his usual manner. Judge
Burr supposed he might have been
drinking, but couldn't describe his
condition.
DonneIIy Recalled.
The defense also recalled States
Attorney Donnelly, who appeared last
might. in regard to certain legal
errors, pertaining to the Slavin case.
Donnelly admitted stating to Sink
Ter that he was surprised Cowan
could try a case as well as he did
under the condition In which he was.
Van LEW Testified.
John Van Lew of Devils Lake testi-
fed in regard to the incident In the
county auditors office election night,
brought out by Editor Brennan, and
said ne thought the defendant had
been drinking
Attorney Cuthbert brought out from
the witness that the accused did not
stagger, that he talked intelligently,
but was simply joshing, and that,
knowing him for many years, he would
have entrusted him with any import
ant business at that time.
This mornings hearing was again
conducted in the senate chamber as
the house experiment proved unsatis-
factory.
TiIt Over Gaaen.
A little tilt between the brothers
came when George "A. Bangs asked
Thomas Gagen Of Devils Lake, the
manager OF the National Elevator co.,
IL he ever drank liquor behind the
prescription counter in Green's drug
store in the satanic city
Tracy Bangs said he did not feel the
senate wished to put out q dragnet to
catch evidence against other people
to irnpeach John Cowan, that II was .
waste or the peoples money.
His distinguished brother said the
testimony was to show what could be
purchased there and that the place
was freuuented by the defendant for
that purpose.
This Tracy Bangs branded a. an alb
eurdity and drew example In support
of bis contention, but the prosecution
was sustained BIZ the chair.
Gagen testified he had seen Cowan
drink there and that he saw him OH
tha streets On municlpal. election day
4Nass IN