The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-05

in OF Pierce county In 1908. testified
N regard to specification q. charge 3
that on the occasion already cited by
Doth Paul Campbell and Witness HoI-
brook that he woke up Judge Cowan
from his sleep.
he stated that the court opened,
however, at the regular hour.
Judge 5upr's Testimony,
Judge Burr of the Ninth judicial
district, was recalled later TO the stand
during the afternoon, and testified i'm
regard TO some instances in connec-
ton with the january, 1910 term Of
court held In Rugby. The case in par
tlcular cited was the famous Slavin
ulal, with Attorneys Charles Donnelly
ana a. M, Christianhoff appearing for
the state and o. J. o'ConnelI and e. T..
Slnkler (of the prosecution in the
Tense
Judge Burr was quiet and exact. He
uid not offer any glaring testimony
nor any suggestions to the counselor
py MS answers. Each reply was deci-
slVe ana compelled the attorney to
lerret out the evidence which he
wished to introduce for himself
Judge Burr stated that he arrived
az the time court convened but that
Judge CoWan. who was to be there all
So ala not appear at the morning
session, and he sent the sheriff, who
was I'D Erickson at that time, for the
DeIated Jurist. He said the sheriff
ala not return with Judge Cowan. and
that the latter did not put in an APP
pearances the next day and he asked
tHe sheriff to go for him again, but he
also stated that he did not know
whether or not the sheriff ever went.
me Jurist of the Ninth judicial
pench stated he didn't see Judge Cowan
all DAY Tuesday and that the next
morning he adjourned court. when
Judge Cowan was at the courtroom.
He further testified that he went TO
the hotel himself to find Judge Cowan. |
put was not successful in locating
him. .....
Mr.. Sinkler asked Judge Burr If
ne knew where Erickson was. The re-
ply was that he heard he was In Mon |
tana.
Hurd Was Up All Night.
Following the. rather exciting in |
cident furnished by the Oskendahl |
testimony, in which there seemed to be |
complete refutation of what the
prosecution had intended bringing out. |
II. G. Hurd was called to the stand |
Mr.. Hurd resides at Rugby and was
formerly postmaster there, and at one |
time in the newspaper business, having
published The Pierce County Tri- |
bune. Besides this he stated he had
served as clerk Of court for a period |
of five years.
The prosecution brought out that
on the arrival of Judge Cowan in Rug
by to preside at the Slavin trial, that
he met the jurist at a hotel, where
he was with him the whole evening.
He could not swear just when he left
Judge Cowan, but he did know posi-
lively that he did not see him after
o'clock in the morning. Hurd was
up all night, he said.
Mr., Hurd stated that he was drink
ing himself in the presence of Judge
Cowan and that what he drank was
whisky. He went from room to room
and saw number of people there who
were having good time all over the Ii
hotel, SO that he wasn't with the Judge
the entire evening, and he stated that
they were never alone during the
hours or that evening.
When Mr. Cuthbert cross examined
him he stated he would not swear to
caving seen Judge Cowan take drink
hat night, and that he himself did
1ot drink in his presence more than
.hree times. He also stated that he
would not be sure whether or not he
lad been with Judge Cowan after mid
hight, so that he didn't know but what
lie might have been in bed By mid
light.
Mr.. Hurd further testified he had
inown the accused jurist for twenty
ears, and that during that time he !,
lad never seen him intoxicated and
hat there had been certain periods in 9
he year when he saw Judge Cowan l..
very day and evening.
state's Attorney on Stand.
The states attorney of McHenrv {
ounty, Charles d. Donnelly Of Town
r, was the last witness called during
he afternoon. His testimony revealed
n incident in the noted Slavin trial.
yer which Judge Cowan was called
0 preside.
He recalled a short dispute between
-ttorneys Christensen and Sinkler. n
az Soiu IASy were dLNFHpting TO bet T
cross the counsePs table. Judge Cow .
n on the bench. he said, evidently did
OF notice the incident for States At
'rney Donnelly stated he sat there o
18th his eyes closed, and that finally c
ttorney o'Connell requested the other C
lambers of the counsel to proceed q
18th the trial. IN
To the counsel for the defense he Il
ated he had known Judge Cowan for fl
ore than twelve years, that he tried p
sveral cases before him prior to the VI
lawn trial. and that he had never m