Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-26
REbUTAL:
EVIDENCE
comes IN
Prosecution Still Bringing in
Witnesses
Another Tilt in Senate this
Morning

For few moments this morning tn
court of impeachment session NOR
nearly resembed an ordinary session Q
the senate during legislative assembl
instead of trial court. tn: body get
ting involved into difficulties when a
objection was made by the defense t
the introduction of evidence upon tn
part of the prosecution endeavoring t.
establish new facts in connection witt
alleged drunkenness upon the part 0
Judge Cowan.
Sharp remarks came from the foo
of the senate at different points of tn
procedure, with Senator Simpson o
Stark stating that should the main cas-
be rcopened, as he characterized th'
situation there would be at least on,
vacant chair in the chamber, while Sen
ator Hookway of McHenry gave cx
preston to an opinion that there shoult
be "a little more evidence and less
argument.
1t was when Andrew Tuit of Rugby
was called to the stand to testify that
the objection came. he having beer
asked by Attorney Sinklcr for the
prosecution with relation to having seer
Judge Cowal1 on the SHEETS of Rugb,
during the progress OF the Slavcns case
in January, 1910 Argument followed
revealing the fact that prosecution in
tended showing by this witness tha,
Cowan staggered on the streets Of
Rugby, while thc< defense declared that
such evidence was not proper in rebut-
tai. i'll that il did not rcbw any evil
dencc offered by the defense. and wa>
opening a new incident that should
have been made part of the main case.
President Rurdick took the position
that such evidence was admissible un-
der the rule that witnesses had been
placed on the stand by defense dcclar-
ing that they had not seen Cowan TN
der the influence OF liquor in the last
two years, while later Sinklcr declared
that evidence of this nature could also
be introduced in view of the state
ment made by Judge Cowan himself
that he had not staggered on the streets
anywhere from drunkenness.
After brief recess had been de-
clared, just prior to which the court
had departed somewhat from the rule
Of silence during the progrc~, OF the
case, Sinklcr started to explain the
position Of the prosecution when he was
by Tracy Bangs with the
that the objection would
De withdrawn.
The identical question arose shortly
when w. X. Grecnleaf OF
Grand Forks was called on the stand
with the announcement from the pros
,cution that he would testify with ref
,rence to the general election day i'll
Devils Lake, 1910. Objection was
made by the defense on the ground
hat the question had already been COW
,rcd completely by both sides. and on
oil call. ordered Immediately by Presi-
lent Burtlick, twenty-tlree voted to
admit such evidence, with twenty op-
posed, five absent and not voting.
For admission: Allen. Bessesen,
-ashcl, Davis. Duis, Ellingson. Gar
len. Gilbert, Johnson. Kretschmar,
Mcdowell, Overson. Plain. Putnam.
}uzicka. Steele of Stutsman, Steele of
Turner: Wallin, Welch,
Nhitcher, Williams and. Young.
Against: Baker, Carter, Duncan,
;anssle, Gronvold, Gunderson, Hook
way. Jacobson. Kennedy, Mcdonald,
AIovius, Simpson. Stevens,
;yvertson, Talcott, Thereson, Trim
lie. Walton. Welo.
Absent: LaAIoure, Martin, Glib
ems, Elken and Linde.
Andrew Tufte declared that he had
cen Cowan on the street in Rugby !
nth two other men and that he stag
cred. He also said that he had seen
'owan during the June term of court,
nd that in both cases he had seen
i'm with his eyes closed on the bench.
Though unwilling to state that he was
sleep. FIe also said that on the first
ay of the June session. Cowan had
1akcn hands with him three times in
1e courtroom and that they held
in which "old timers or
oneers were talked Of, and when Tuft
i'd that Cowan remarked that he
oped that they might all die.
VII SlOSS u1t odiu lAdt |
E had seen Cowan stagger only once
l the street during the Slavens case.
e was also asked if he was on his
ay to Hunters Hot Springs, witness
eplying that he might go, and that
as followed by query from Tracy
angs if witness had not come to Bis
arck as witness to get lift in the
-Dencee rs the trim n which he re- |
led no. He was also asked if the
INK in which. he was a stockholder
as no interested in cases before Cowan
,ring the June session, but said that
. did not know.
Mr.. Greenleaf of Grand Forks said
at on the afternoon of the general
ection day he had seen Cowan on the
rect in Devils Lake. making his way
ry carefully and slowly, and with