Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-06

INCIDENTS IN
C0WAN'S TRIAL

UUWh hV j IuIHL
Evidence on charges that Judge
Cowan has delayed decisions in cases
is being tanen by the court of i'm
peachment. That question being set
tied at the opening of the morning
session when respondents attorney,
Tracy r. Bangs, made brief state.
ment to the court in which he stated
that the defendant only made formal
objection as to whether or not
facts charged with reference to de-
layed cases constituted an impeach'
able offense, and that he was pre-
pared to go ahead with the introduc.
tion of evidence by the prosecution
on that point.
Statement Caused Sensation.
The statement of Tracy Bangs,
causing somewhat of sensation, was
followed Immediately by the state
ment from Senator Leslie Simpson of
Stark county, that in his opinion
charges on delayed cases did not al
lege facts sufficient to impeach and
did not warrant the senate to act, and
that he himself would have something
to say on mat score when the time
came.
These two statements brought forth
from Counsel George Bangs of tht
prosecution, rather heated address.
He declared that in his opinion rules
laid down in statutes and rules of or
binary court procedure would prevail,
and contended that the accused could
not plead to the court that the charg'
es themselves were insufficient and
thus secure acquittal Of those charges
and throw the blame upon the lower
house.
He did not believe that it would be
proper to proceed with the taking OF
evidence and then have the entire
charge thrown out on the basis OF
technicality, an did not believe that
counsel for the defeL~ L~ant should be
allowed in the final argument to make
plea on he ground that the plead
ings were insufficient. The time for
settlement of such question in his
opinion was the present. The board
of managers, he declared, would not
stand for such procedure.
When the defendant made his plea
of not guilty, George Bangs declared
that every material allegation of arti.
cles of impeachment was placed in
issue and he declared that the
defendant had waived any further
right to object on insufficiency OF
the pleadings. Quoting from an ad-
dress made several days ago by Tracy
Bangs. He did not believe that 1t was
for the senate to proceed with evil
dence anu not consider the question
of guilt, but rather question of
technicality.
At this point Senator Simpson de-
clared that regardless of any waiver
that might have been made, that he
himself would not be bound by con-
struction placed by counsel for either
side
sGeorge Bangs then continued by
stating that his argument on this
point was directed at those who had
not already made up their minds on
the question. If the Senator, refer
ring to Simpson, wanted to do right,
George Bangs declared that If proof
sufficient to show guilt, that he would
amend articles of Impeachment or
pleadings in such manner as to make
them fit. He closed by urging immed-
late settlement of the question of
whether or not sufficiency of plead
ings should enter into final arguments
Tracy Bangs, replying, stated that
he had never dreamed that there was
so much venom in prosecution. Even
If the accused came before the senate
and said II have done some things
charged under articles Of impeach.
ment," he did not believe the senate
would impeach should such things
admitted not constitute an impeach-
able offense. He said that at the,
opening of the trial he had entered
objections to suf1ciency of articles of
in their entirety, and
that he demurred to certain portions
Of articles after objection to enter
article had been overruled by unani-
nous vote. The point to which he Of
lered objection, he said, was that EVIL
lence relating to delayed cases would
not show an impeachable offense COM
nitted, and his argument, he said,
would be based on that theory. Ira
" Bangs also said that counsel for
had jumped on the accus'
ID, his counsel, and thai he had also
cached out into the senate.
Replying George Bangs said that
le had supposed the objection was
made as to sufficiency of pleadings,
md that he might have become some
What heated because of indignation
le had felt at such condition at this
,oint. He did not want the blame
brown on the sister house In the
inal summing up Of the case. He al
o said that he had had conversation
With Senator Simpson the previous
vening in which he said that the
stark county man had based his ob-
ection on the sufficiency of the plead
ngs. Tracy Bangs responded that his
biection went to the sufficiency OF
acts to show impeachable offense.
Senator Simpson declared that he
;ould enter into the final argument
+ the question Of whether or not the
ffense was impeachable.
Objection made by defense on in
reduction of evidence on delayed
ases was overruled by President
,urdick and the taking of evidence
IA c...u>le