The evening times., 1911-04-12
RESTS
ITS CASE IN C0WAN
IMPEACHMENT TRIAL
EVIDENCE TODAY TENDED TO SHOW THAT I'M
PEACHED JURIsT FREQUENTED PLACES WHERE
LIQUOR WAS SOLD IN Nv1oLAT1oN OF LAw-H1s
OWN COURT RECORDS OFFERED IN EVIDENCE.

Bismarck, N. D., April 12.-At 2:15
o'clock this afternoon the prosecu-
ton announced that it's case had
been concluded with the exception Of
the unspecified cases and once more
the North Dakota court of impeach-
ment went on record as refusing to
receive those cases. In the after
moons vote on the question there
were II ayes and "a nays, the three
new votes for receiving such evil
dence as compared with yesterdays
vote being cast by Senators Wallin,
Rusizka and johnson. Otherwise the
roll call of today was identical with
that of yesterday.
Judge John Cowan himself will de-
liver the opening statement of the
defense when the court convenes to-
morrow morning and that fact will
add immensely to the interest sur
rounding the opening of the defend
ants case. The announcement to
that effect was made Just attire the
prosecution concluded its case.
When the state had rested and vote
on the unspecified cases again taken,
Senator Martin made some remarks
with reference to motions by Senator
Bessessen Of Wells that engendered
some little hard feeling for the time
but which were, on Martins own mo-
ton, expunged from the record.
The question of admitting the un-
specified cases as brought up today
was broached by the defense when
Geo. Bangs announced that the
board of managers had concluded its
work with the exception of those
cases. and that it rested with the
senate to say whether or not it want
ed them. Bessessen moved that the
cases be received, but "a to 21 vote
excluded them for the fourth time.
| Only one witness was On the stand
this afternoon. He being Arthur
LIE Sueur Of Minot who testified as tc
one delayed case.
Previous to the opening Of the ses.
sion the managers held meeting
and closed their work.
! BY a vote of 80 to 13 the senate
this afternoon decided to allow $10C
daily for counsel fees for the de-
fendant.
This mornings session was giver
over entirely to the introduction o.
court records to substantiate the
charges against Cowan of frequentine
places that he knew were violating
the liquor law. or that were in fac
violating such law. One record re.
lated to the plea of guilty entered b,
Henry Vanderhoof of Devils Lake tt
charge Of violating the prohibition
law, covering period from June
1908, to March, 1909. The purpose
of this record is to show that the
place was then selling liquor, evidenc.
having been introduced tending tt
prove that Cowna was in the plac.
during the period in question. Oh
i lection to the introduction of this rec
ord was made but was overruled.
!! The other record introduced in
icluded the injunctional order agains
certain Devils Lake drug stores. Dur
ing the reading of one of these. o.
rather the statement of case Judg,
Cowan suggested that Counsel Geo
Bangs for the prosecution read tn,
entire order instead of "garbling it.
This brought rather heated repl.
from Bangs to the effect that he wal
not garbling statement. The purpos,
of this evidence was to show tina
Cowan had been in the stores to bu!
liquor even in the face of his Owl
injunctional order. There was alst
evidence showing the granting Of drug
permits, the records covering thil
point. The purpose Of the prosecu
tion was to show that Cowan hat
knowledge of unlawful liquor salel
when he granted the permits.
Just before noon today two wit
! voeooo u,o~o n1oood m tho stand
Silver Serumgard and F. T. Cuthbert
both of Devils Lake. Serumgard. the
blind attorney, testified in six cases
in which he said that decisions hac
been delayed, while Cuthbert testi'
fled in three cases. Cuthbert Is one
of the counsel for the defense In this
case. In one Of the cases testified
to by Serumgard he said that none
Of the attorneys had asked for a de-
cision and that they were all, dis
gusted upon leaving the court room
because of facts brought out in con
nection with the case from the wit
nesses. The prosecution sought tt
have the case eliminated but the de-
fense objected and it remains on the
calendar.
Dropping OF Unspecified Cases.
| Decision of the impeachment cour
yesterday, affirming that of previou!
days by which it refused to receive
evidence on cases in addition to those
specified in the articles Of impeach
ment, is based upon decision of thu
Nebraska supreme court by which i
is declared that an Impeachment
court is without power to amend ar
ticles of impeachment.
| In presenting these new cases tn,
defense contends that the prosecution