The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-03-30
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Bismarck, N d.. March so.--Immed-
lately after the senate had resolved
itself into high court Of impeach-
ment at 1926 o'clock yesterday after
noon, for the purpose Of hearing the
case against Judge John F. Cowan,
Senator Simpson moved that the abb
sent members of the court, Senators
Pierce and Movius. be excused from
| day to day until their health would
| permit them to sit with the other
members Of this special bench of the
state. To this Senator Steele of Rem
Vile county made considerable objec-
ton.
| Both the absent senators have been
kept away on account of i'll health,
one being confined to his home and
the other recuperating in Florida. In
the opinion of Senator Steele, there
was no reason why those absent on ac-
count of Illness should be relieved of
the responsibilities thrust on the SEN
ate, and he demanded a roll call on
the motion. In support Of his demand,
he stated he had nothing but the high
est respect for the good word Of the
absentees, but he stated there was no
reason to excuse them permanently
from their duties, when there might be
a possibility that one or the other
would be in a condition to sit with the
court later on during the trial.
President Burdick called attention to
the provisions of Senator Simpsons
motion, and stated that the absent
senators were only to be excused from
day to day, upon which explanation
Senator Steele withdrew his motion.
Board of Managers Notified.
Sergeant at arms Walsh was then
ordered to notify the members OF the
board of managers of the house Of
representatives, appointed by Speaker
Hanley to conduct the trial, that the
impeachment court was waiting. They
were escorted to their places at the
side of the presidents desk which they
will occupy throughout the trial. In
front Of them are the seats for their
counsel, the members Of which accom-
panied them into the senate cham
Der.
The party Of the prosecution taking
seats in the senate comprised Repre-
sentatives Homes, Nestos, Hanson,
O'Connor of Grand Forks and Nor
helm, of the board of managers and
George A. Bangs of Grand Forks and
| e. L. Sinkler Of Minot who will act as
counsel. Chairman Homnes stated
| formally to Lieutenant Governor Bur-
| dick that the board was ready to be-
gin action and that counsel had been
retained, which information was given
in an official communication to the
secretary of the senate.
Judae Cowan Appears.
The respondent Judge John f.
Cowan of the Second judicial district
and former attorney general of North
Dakota, charged with numerous crimes
and offenses while in his present Office,
was then requested to take his seat
with his counsel at the counseps
table. He followed his legal advisers
down the main aisle of the senate to
the seat designed for him directly be-
hind Court Reporter Green, who will
take the testimony.
North Dakotas accused jurist and
statesman calmly and quietly faced the
| body which is to determine his fate
and pass Judgment on the gravity of
the crimes with which he is charged.
| There was no trace of bluster nor over
confidence in his demeanor, his whole
attitude being characterized with un-
assuming dignity. He was dressed
simply, wearing a dark street suit be-
| fitting the occasion.
Preceding Judge Cowan in his party
were Tracy r. Bangs, senior counsel
Cor the defense, p. j. McClory and w.
NJ. Anderson, both of Devils Lake.
Steele Bucks Simpson.
Before either of the two parties OF
the prosecution and defense had been
Ishered into the senate chamber, Sen.
ator Simpson moved that Tracy r
| Gangs, as leading counsel for the re-
spondent, be invited to present him.
self before the senate in order to state
whether or not further time was neces-
sary before the regular opening of the
case.
lis this regular" asked Senator
Steele Of Renville county. To which
question President Burdick answered
BY replying to Senator Simpson that
his motion would be in order when the
board of managers had been notified
and had taken it's place in the sem
ate. Senator Simpson stated that In
case the counsel for the defense had
been delayed in preparing the proper
answer to the information, he felt 1t
was only just LHdL IHS hSlchSS 10
allowed time to make such prepare
tons as were essential. President Bur
dick informed him that such a re-
quest would be granted.
Later during the afternoons pro-
ceedings, the original Simpson motion
was again put, and, by unanimous vote.
Tracy r. Bangs was permitted TO speak
for the defense. Mr.. Bangs stated
simply that it had been impossible
to frame pleadings until they knew
what rules were to govern the pro-
ceedings, and as these rules had only
been adopted few minutes before,
he begged the indulgence OF the sena-
torial court and a continuance until
this morning at 10 o'clock to file his
answer to the impeachment articles.
Senator Talcott moved that the re-
quest be granted and the motion pre-
vailed. The only other feature of the
afternoon was the announcement of the
appointment of N. A. Way as special
| officer to serve subpoenaes in the Sec
ond judicial district and H. A. Moore
az a snecial officer of the state at