The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-03
PROSECUTION
DISAPPOINTED
Continued From Page one.

Continued From Page One.
later stated that statements made b.
Witness Blackberry on stand were
complete REPUTATION of what he hat
told him privately and which promptct
him I'm putting him on stand.
| ]. B. Blackberry OF Hansboro wa
called to the stand late in the after
noon to help substantiate the facti
! claimed by the prosecution that Judge
Cowan had been seen drunk in tina
city while passing through in an au-
tomomile during the summer of 1909
Surprising to relate he stated that ht
had never seen Judge Cowan drunk
and never saw him take drink.
Didn't you tell me that he was in
toxicated?' asked Mr.. Bangs.
no" said the witness. 81 said to
you that l thought that possibly he
might be considered drunk on that
occasion"
Lets not spar around so much"
cautioned the counsel goodnaturedly,
but still pressing his point. what
was it that you hold me not less
than forty-eight hours ago?"
Il hardly think he showed signs of
being intoxicated" rejoined the wit
ness. On the stand Mr.. Blackorby tes-
titled that he had known Judge Cowan
more than seven years.
Bangs States Surprise.
Il certainly am surprised by the
situation with which / am confronted"
declared Mr.. Bangs to the court. Then
he turned again to the witness and
asked him If he did not tell him only
two days before anything in substance
that was different from what he was
now telling to the high court of i'm
parchment.
"Au this witness testimony shows
MS sudden lapse OF memory" he stated
Tracy Bangs interrupted with an
objection stating he did not like to see
such verbal assault on counsel's
own witness. Immediately his dis
lnguisheG brother was on his feet and
to President Burdick and the
court.
How dces it happen" he cried. that |
hese gentlemen are so intensely in
crested in this witness? Have they
.dopted my witness and are they act |
ng as his foster father"
Battle of Brothers.
mo one has attempted to adopt
ounsePs witness" quickly responded |
ne leading counsel for the defense. /
But we maintain our objections on /
he grounds that it is not fair to the /
efendant for the counsel for Mr. Bangs
attempt to bring into this tes-
imony things that Mr.. Blaekorby may
ave said on the side. We all know \
he probability of how, in a private
the witness may have
cen led en- into making a declaration
y that mild, persuasive tone, fSf
ne counsel is so famous, and by that
lethod the counsel now attempts to
rove what the counselor has said to
npeach Judge Cowan on that"
His brothers reply came quickly. eff Il
hat the witness says" stated George
D.. Bangs, was erroneous when he !
liked to me, am surprised and would I,
ave turned him over to those who
ould use his testimony"
The AuttmobiIs Episode.
BY all the witnesses on the stand
lie entire afternoon, it was endeavored !
prove that Judge Cowan was drunk
the time he rode in company with /
small party Of friends in an auto
obile and stopped to purchase a shirt
Hansboro. James Brown was one I
the witnesses called to the stand
lring the latter part of the after Is
BON. Mr.. Brown is resident of Hans I
'ro and stated that he knew the car $
which Judge Cowan was seen to /
'long to Claude Dixon. that 1t was I
anding near the eurbstone and that T
} went up and spoke to the jurist II
mself. He stated he thought he ;
light possibly have been drinking
me. He also said there was another
r in the party in which West and ;
ndy Taylor were riding.
w. A. Stephens of Hansboro was |
e next man called to testify in re-
lrd to the details of the matter.
here was some difficulty over this f.
INT as counsel for the defense main
med that under the rules adopted by
e senate for the impeachment pro-
edtngs, only three witnesses could
called to establish a fact. George
Bangs. said senate could not rea-
ably consider Blackorby a witness
hen the latter had gone completely
Lck on the whole proposition and the !
'idence which he had intended to
Ter.
Senator Simpson wanted to know c
wv many witnesses sad been called
this charge already, and aside from 7
ackorby 1t was found that four had q
ready .estified on that point. George
Bangs commended that three had
en- called to testify as to the charge
'elf but that he was not limited in
at respect to the number of wit
'sses he called to establish facts
lich comprised the individual charge.
Is contention was sustained by the
air. and Mr.. Stephens was allowed to
oceed. All he testified to was the
ct that when he saw Judge Cowan
was wearing a shirt.
T.. j. Clifford of the Hansboro State ;,
nix, was the next witness heard. He
id he had seen the automobile party {
ferred to while out driving in his
IN car in company with his wife and n
r parents one summer evening about
hour before supper time.
MIR. Clifford said that he saw the e
rty In two autos, recognized a Mr. O
ilson a Hansboro uveryman and
e Of the Taylor boys In the car with :
dye Cowan, and that the members 4
the party had beer bottles in their
nds. Cross examination brought out
3 fact that while In his own car.
. CIiffnx~1 40