The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-02-28

reputable place. The testimony as to
the drug stores before committee
was conflicting, though.
There had been three occasions on
which the committee had derived
considerable evidence as to intoxica-
ton upon the part of Judge Cowan,
these being on the three election
days, the primary. city and general
election last year. For that reason
the committee made it a point to
question all the witnesses as to their
knowledge of Cowan's condition upon
those days.
Attorney Wehe's testimony as to
intoxication upon the part of the
jurist; Scott Rex upon delay of cases
and intoxication at the convention
three years ago; with Godward's tes-
ttmony as to the intoxication of
Cowan in the streets of Devils Lake
were next taken up.
Motion for Impeachment.
At that point Prices motion for the
institution of impeachment proceed
ings was made. He declaring that
the repetition of testimony was grow
Ing tiresome. He said that enough
had been heard with reference to the
charges. Ployhar of Barnes second
ed the motion. believing that the
committee had given the wrong i'm
preston.
Streeter wanted to hear the evil
dence and Stern declared that as vet
that none of the defense had been
shown. Sorlie wanted to hear
Cowan's side Of the case. At this
point Streeter moved that the COM
mittee arise, while Frame objected
and asked a thirty minute recess.
Streeter then withdrew his motion
and the committee arose again at
12:45 o'clock.
When the house was again called
to order Chairman Jordal continued
the reading of prosecutions evidence,
Prices motion not being put.
With the prosecutions witnesses
several afidavits. One was by Mrs.
Theodore schaefer of Benson county
to effect that Judge Cowan had been
was brought before the committee
not seen Cowan. but that her attor-
ney had told her so.
Mrs. Schultz Affidavit.
One of the startling incidents con-
nected with recital Of incidents be-
hind the doors of the investigating
| committee was the deposition of Mel
lie shulze of Rugby. This deposition,
as originally introduced, was to effect
January, 1909. and that he had in
In one instance the word January
hnI <vs11 0vsN
"June" inserted.
On this deposition Jordal stated
that he had received request from a
gentleman in Bismarck that the de-
position be not submitted as evidence.
and that he also received telegram
from Mrs. Shulze asking that it be
withheld. Such action was not con-
sented to, however. The day follow
ing the same man who had asked to
have the deposition withdrawn, and
said there was a very good reason for
such action as there had been mis-
take made in the date, and that Cowan
was not in Rugby in January but had
been there in June.
| Governor and Erasure.
Also, on the day following, Jordal
received a letter from Mrs. Shulze
stating that Governor John Burke had
called her up by telephone with ref
erence to the deposition and that she
had made mistake in the deposition
asking that he be allowed to change
it to June. Mrs. Shulze states that
such permission was not granted.
Mr.. Jordal's inference on the con-
dition of the deposition as present.
ed to the committee was that it had
been tampered with after leaving
Mrs. Shulz' hands. The handwriting
in which the word June" appears
had been recognized by some per.
sons, he said, but he made no state
ment as to who had made the change
This was the conclusion of the
prosecutions evidence and the hour
Of 2 O'Clock having arrived, Mr.. Han
the understanding that 1t immediate.
ly reconvene as committee of the
whole after the roll call for the open
ing of the new legislative day.
At the conclusion Of the prosecu-
tion's evidence, Hill Of Cass wanted
to do away with the reading Of the
defense, declaring that it was un-
necessary, but the sentiment did not
prevail.
Entering upon the evidence of the
defense, Chairman Jordal first took
up the testimony given by Judge
Cowan himself. Cowan's testimony
consisted largely Of explanations OF
the cases that he had been charged
with delaying. in numerous instances
showing that there had been delays
by attorneys and that other factors
entered into the cases. The Judge al.
SO denied the charges of drunkenness
on the bench.
Judge Cowan also declared that
there was no truth to charge coming
from Nellie Shulz of Rugby. Elk.
planning the recital of the alleged
facts concerning an affair at Hans
boro, where he was accused of hav-
ing been intoxicated and in a fight
with the result that his shirt was
torn off. as being the result Of a
wrestling match between himself and
boyhood friend with whom he often
wrestled, and that he was not intoxi-
Gated.
The charge of habitual drunken
ness, Jordal said, was best denied by