The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-29
SINKLER
OPENED
Made First arlnent IN In
peach st Case
Scored CCwan, 'sd NinkIcr
. Pqja
Chairman Jordal e Also
Given a Roasf

Bismarck, N. D., April 29-Tba
opening address for the prosecution in
the Cowan impeachment trial by
Counsellor e. n. Sinkler this morning
was characterized by charges OF de-
ception BY Judge Cowan in the adj
dress by the accused to the senate. of
an unwarranted and illegal attitude Of
Senator Hookway in casting previous
vote, and Of perjury against ], IA.
Minkler, the Knox banker.
Specifications Withdrawn.
Before beginning George Bangs
stated the board managers withdrew
specification Ia OF charge 3. concern
Ing the Nellie Schultz Edith McDon-
aid affairs; specification Z of charge
all OF charge 4, specification / of charge
D. specifications and s of charge
as no evidence had been introduced
for proof In any of them.
Thanked 6urdick.
sinkler publicly thanked President
Burdick for uniform courtesy and alb
solute fairness to the prosecution dur
Ing the trial. which, he said, was the
most important in the history of the
state.
He thought 1t unfortunate that the
matter ever demanded the attention ar
the state senate and regretted If the
upper house would find 1t necessary
to remove the accused from office.
Not Sore at cowan.
He said many charges had been
flung at the prosecution by the defend
ant, Tracy Bangs and F. T. Cuthbert
for scurrilous treatment, which was
untrue as neither the house board nor
the counsel entertained any personal
feeling or enmity against John F.
Cowan.
They recognized no factions nor II 4
litical party's interests, but expected
the senate to treat the case as men
acting on the evidence presented.
Didn't Believe in Line Up,
sinkler didn't believe in 'qine-up',
saying, perhaps. all had been charit-
ably inclined. giving the accused the
benefit OF every doubt, so no claims OF
unfairness could be made. but when ali
the evidence was in. the court must
now say:
John 7, cowan. YOU are unnt to
act as judge
Scored Hool<way.
Referring to Senator Hookway's
vote. Sinkler said the senator was no
longer q part Of the impeachment
court, so he would say the premature
vote was Illegal and unwarranted.
that Hookway was an attorney and
aware OF the position he took when
he cast his vote.
He then cited a case In The North
western Reporter in which Sinkler and
Hookway both appeared as counsel, de-
claring the senator knew what the law
was and could have voted without hav-
ing the imputation cast on himself Of
prejudicing others.
Roasted JordaI.
Sinkler went into the details OF
Judge Cowan's opening address before |
the senate and the history of the inn
parchment matter in the house, de-
claring the prosecution had been con-
tinuously handicapped in this trial on
account OF no evidence being taken by
the investigating committee.
Sinkler blamed the house committee |
chairman, who. because of that acr |
had been Iauded by Cowan on the |
senate floor as a man who would stand |
high in the states history.
He declared Cowan's statement that /
the impeachment proceedings had been /
forced through public opinion was un-
true and that Jordal acted contrary to
the instructions of the house, thus i'm
peding the prosecution OF the case,
and that the reason why no evidence
was taken, was to shut out testimony.
Civil Action.
On the question as to whether the
action. which has been bone of con-
tention throughout the whole trial,
Sinkler asserted the case was not a
criminal action as contended by Cow
an, as 1t was necessary to satisfy the
senate OF the truth of evidence, but Ia
was civil action, as commended by the
house board and the prosecution, be-
cause 1t was necessary to satisfy the
senate OF the quantity OF the proof
He believed the prosecution had es-
tabIished clearly to the satisfaction OF
Is unfit 70 act as Judge
He laid large stress upon the fact
u this was criminal action. as the de-
PENDANT claimed, Cowan could never be
tried on the same charges as the law
provides no person shall be placed
twice In jeopardy on the same charge
He emphaticalIy declared IL 1t was b
civil action. as he claimed the I'm
peachment action was In this instance
john Cowan could be tried for each
and every specification and charge