Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-03
PROSECUTION Brings MORE
Continued from page ~

Attorney E. R. Sinkler conducted d.
rect examination of witnesses this
morning with F. T. Cuthbert cross
examining. Objections were frequent
from both sides, Senator Simpson on
several occasions felt called upon
! to ask that method of handling exam
ination be shortened, but there was
little out of the ordinary.
Threatened disturbances today in
connection with Cowan Impeachment
have failed to materialize. Question
of witness tampering is being investi-
gated by President Burdick, and there
may be some action growing out of
that investigation, but nothing had
been decideu today.
Afternoon Session.
When court convened this after
noon communication received from
the attorney general was read show
ing that witnesses should pay mileage
for shortest convenient route trav-
eled by public.
Frank Fry, former deputy sheriff
of Ramsey county, said he was pres
ent in the court room at Devils Lake
about August 4, 1908, during the trial
of Mckee VS.. Haley case, sitting sew
eral feet from Judge, remaining half
hour, that he appeared to be asleep,
with his head hanging over on one
side, remaining in that position sew.
eral minutes. Attorneys McClory and
Cuthbert were in the case and he
said that one of them spoke up and
said, 1--WE had better quit" and that
all went out of court room. Cowan he
said appeared to be asleep. In the
opinion of the witness, Cowan was
then intoxicated.
On cross examination Frye said he
had known Cowan six years, that this
was the only time when he had seen
Cowan when he thought he had taken
liquor. The witness said he had never
seen Judge Cowan take a drink, nor
would he want to swear that Cowan
was drunk at that time.
Edward Flynn of Devils Lake was
next called, said he was in the court
room during the Mckee VS.. Haley case
and that he saw Cowan leave the
bench on the occasion testified to by
Fry. Cowan left the stand slowly but
Flynn said he, did not notice the judge
until he saw him in the hall, when he
said he asked Cowan with reference
to certain case and that the Judge
could not give him definite answer.
At that time Flynn said that Cowan
was intoxicated.
On another occasion Flynn said he
had seen CoWan in the Vanderhoff no.
tel, and that Fred Duggan of Grand
Forks came in and spoke Of an en-
gagement with Cowan on motion in
a case. When Cowan came, Duggan,
Flynn and Cowan went upstairs, and
that Duggan tried to explain the case
to Cowan, but was unable to make the
Judge understand, and that shortly af-
forwards both left the room. While
there he said Cowan asked James
Stenseth to, get him another drink,
and that Stenseth replied that he had
had enough. Cowan at that time,
Flynn said, was Every badly intoxi-
Gated"
On cross examination Flynn said he
was local attorney at Devils Lake for
the Great Northern railroad and for
the Farmers Railroad, and that he
was j. M; kelley's personal attorney.
Flynn also said he was the owner Of
the building in which the Vanderhoff
hotel is located. Asked as to his
attitude toward Cowan in election
two years ako, he said he had been out
only one day prior to primary election
but had not opposed him in any man
ner politically thereafter.
w. A. Goodward, superintendent of
schools in Devils Lake, was next call
ed to the stand. Goodward was one
of the signers of the Impeachment pc
tition, has been a resident Of Devils
Lake four and one-half years and has
known Cowan 2 years. His testimony
related to a hearing on application for
issuing Of drug permits, and that his
wife and Mrs. A. L. Hopking, Rev.
A. l.. Bailey and J. A. Haig were pre-
sent. He was there to protest against
the issuing o. permits. Mrs. Maher
and Mrs- -Rrennan were ALSO in the