The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-05-01
DEFENSE HAS IT'S
INNING BEFORE
THE HIGH COURT
Newspapers Scored For Utter.
ior Motives in Their Efforts
to Convict
Attorney CuTHBERT PAID
RESPECTS TO THREE EDITORS

RESPECTS TO THREE EDITORS
Declared Some of Them We're PAVING
Political Debts, Others We're Mere
Hirelines and Others Were Not
Themselves Without Sin.
Bismarck, N. D., May III the pro-
cess Of reasoning that has been used
in making the foundation for charge
that there is a lineup in the state SEN
ate to acqutt John F. Cowan is cor
rect than there is also lineup in that
body to convict regardless Of the evi-
dence. This was one of statements
made by Attorney F. T. Cuthbert in
the court OF arguments for the defense
this morning. in which he reviewed
certain features Of the case, paying
more especial attention to the actions
of certain newspapers Of the state In
their ardent effort to bring about the
conviction, declaring that the attitude
Of Geo. B. Winship Of Grand Forks
was the payment of a political debt;
that j. H. Bloom of Devils Lake, who
refused to give the name Of the state
from which he had come to North Da-
kota when on stand, was nothing more
or less than a hireling, while w. G.
Gushing Of Fargo was pointed to as
the counterpart of the man who, him
self raised from the gutter of drunken
ness and debauchery, has adopted the
cloak Of "holier than thou" and points
the finger of scorn at another and
tries to drive him further down. To
the question Of lineup In the court
Attorney Cuthbert paid considerable
attention. He declared that it had
been stated recently that there exist
Cd lineup to acquit Cowan and as
basis for such charge the records of
the court on the votes was pointed
to. by that same record" declared
Cuthbert, II can show you that II
there is lineup to acQuit there is also
q lineup to convict Of an equal or
even greater number Of senator's; that
the same process OF reasoning they
adopt, II true, must apply both ways,
and to the man who would hneup8to
acquit more charity and more good
could be said than to man who would
lineup to convict, every fundamental
principle of christianity and human
ity, considered"
The action Of the senate In con-
nection with the shutting out unspeci-
fed delayed cases, he said, had been
condemned and this condemnation he
scored on two points. First, that
such condemnation was made by a
man wholly unacquainted with the
truth, and second, because the action
of the court is sustained by every
authority on the subject. The pur-
pose Of this condemnation coming
from those active in their opposition
to Cowan was to drive the state SEN
ate into doing something that was
un-American and not supported by
the rules Of any court. In an ordi-
nary case where the accused is
brought into court to face a single
charge, the court rules provided that
the accuser must set forth the time,
place and description of the crime al
legged. How much more important it
Is that a man brought into court of
impeachment should know what he is
(; being tried for, especially in the case
Of this nature with it's several scores
OF specifications; each of which speci-
hcation is an entire case in itself.
The activity of Secretary of State p.
D. Norton and Dan v. Brennan at the
time the case was before the house
OF representatives when, according to
the evidence adduced, they sent out
stories on allaged evidence to such
papers as would print the same was
discussed. He declared that the pur-
pose of the articles was not merely
to supply news" but to inflame the
public mind so that the law of right
and jjustice should be forgotten and
only mob rule prevail. He charac-
terized Jim Fitzgerald of Devils Lake,
whose name had been attacked to an
affidavit charging that he had been
with Judge Cowan in a house of i'll
fame near Devils Lake as hired per-
Juror and declared 1t an insult to
the senate and to the people of the
state to place "a thing Of that kind"
on the witness stand. His story Of a
visit to a house of Ill fame had been
proven false from the start and these
men were instrumental In sending
the stuff concerning the Cowan case
at the time the fight was before the
senate. he bitter venom of some
persons against Cowan was shown
BY the fact that clippings of this af-
4ldavit had been mailed to the
turist's wife and his daughter attend
Ing school in Minneapolis. The low
est form of animal life, Cuthbert de-
clared, could creep along ON It's belly
and spit venom At one time dur
Ing the morning address the speaker
touched upon the statement made by
Judge Gowan anent Scott Rex. He
said that at the time the statement
was made that good drunk would
probably do Scott Rex q lot Of good,
that the thought came to him that 1t
would be twisted and turned to mean