The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-26

II
Bismarck. N. D.. April 26.-The
big scrap Of the day came when An
drew Tuft OF Rugby was put on the
stand to testify to an unspecihed Incl
dent that he had seen Judge Cowan
stagger on the Rugby streets during
the slaven trial.
Tracy Bangs objected on the grounds
that no foundation had been laid for
such testimony either by the prosecu-
ton or the defense and that 1t was
not proper rebuttai testimony
He said If prosecution now intended
bringing in new set OF witnesses
and laying a complete new case, ar
rangements better be made at once
for the proper observation of Decora-
tion day and the Fourth OF July.
President Burdick asked Counselor
Sinkler what he intended asking the
witnesses and learned that it was for
the purpose of showing Judge Cowan's
condition during the Siaven trial while
the court was not In session.
| The president then declared that the
Testimony was proper in both the main
portion of the trial and the rebuttal
in order to establish the condition OF
the judge as long as accused was
charged with being habitually drunk.
Simpson Wants to Go Home.
Al heated senatorial debate followed.
Simpson took the view that the Tufts
testimony was absolutely improper for
rebuttal, that 1t was creating a new
issue answered by the defense.
The senator froir stark declared n 1t
was intended Tor the prosecation1 10
make UP new case and rehash the
Cowan Impeachment trial all summer
there would be one vacant chair In
the senate soon.
President Burdick ordered a ten
minute recess, in which to look up the
law on the point, but Simpson said he
wanted no recess that he had taken
no exception to the viewpoint OF the
president in regard to the law, but
that the testimony about to be intro
duced had no bearing on the case, as
it was improper rebuttal.
Davis Sore.
Other senators arose to speak, but
Davis gained recognition first and
thought that the progress OF trial
should not be impeded by one member,
as the others had rights on that floor
as well.
A recess was finally ordered, and aft.
er the hearing was resumed Senator
Simpson again stated his position,
that 1t did not differ from Burdick's
but he still maintained the Tuft testi-
mony was improper at this time.
The defense stated, in order to pre-
! vent delay the objection would be
withdrawn and the witness was al
lowed to proceed.
Close Vote.
Later the question again arose when
d. K. Greenleaf of Devils Lake was
on the stand, just at the noon hour.
President Burdick submitted the
same to the senate and the testimony
was allowed to go in by vote OF 20 to
20.
Voting for admission of testimony
were: Allen, Bessessen, Cashel, Davis,
| Duis, Ellingson. Garden, Gilbert, John
son, Kretschmar, Mcdowell, diversion.
Plain, Putnam, Ruzicka, Steele OF
Stutsman, Steele of RenyiIle. Turner
Wallin, WEIGH, Whitcher, Williams
Young.
Voting to reject the claimed impro-
per rebuttal testimony were: Baker
Carter Duncan, Ganssle. Gronvold
Gunderson, Hookway jacobson. Ken
nedy, I.inde, Mcdonald. Mclean. Nov
ius, Simpson. Stevens, Syvertson
Thoreson, Trimble, Walton, Welo.
Scott Rex, First Witness.
Scott Rex took the stand the first
thing this morning to rebut the testi-
mony introduced by the defense re-
gard the Lakota and the Rugby incl
dents.
He said he distinctly remembers see
ing Judge Cowan on the Lakota streets
and in the Hotel Grace, July II, 1910
on account of certain business he had
there that day with Judge Templeton
which recalled the Cowan incident.
He stated positively he took midday
dinner with Paul Campbell at Rugby
on the day Minller and Scotland said
they dined with Campbell at the Geotz
cafe. He said 1t was possible Minkler
trial that day but the first he re-
called seeing him was some time late
In the afternoon, after long distance
telephone communication with him
which was not earlier than some time
during the middle Of the afternoon.
George Bangs asked him II he had
any memoranda OF that trial by which
his memory could be refreshed.
The witness said he had brought the
same with him but all the notes there
on were In shorthand with the ex-
Il ception Of the dates and the names.
He said the trial began at 9:4C
o'clock in the morning and he couIdnt
recoliect any early adjournment al
noon on account Of a legal dispute
between the counsel other than the
ordinary objections which were not
Il finally decided until the following
day.
Another Hotel Clerk.
1 The next witness Ed wilson, forne,
might clerk at the cramOnd hotel al