The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-21
AGAINST
The JUDGE
Ruling Of President Burdick
Helped Out Brennan
It Prevented His Impeachment
as Witness

IN his uSHl&l Oh ndVluB Sdlu 10 rep.
Norman Morrison that he would get
Cowan IL 1t took two years to do 1T,
resulted In a sudden recess in order
to give President Burdick and the
senators an opportunity to look up the
law on that question.
Legislator on Stand.
Representative Morrison was put on
the stand for the purpose of impeach-
ing Brennan as a witness and to show
that he did make such a statement
to that member of the house some time
during the last two years.
Attorneys in Scrap.
George Bangs objected on grounds
of irrelevancy and Indebtedness, de-
cIaring the counsel for the defense had
not laid the proper grounds during the
CROSS examination of Brennan to war
rant the introduction of such testimony
now.
Cuthbert contended that as Bangs
raised no objection at the time the
question was asked sitting idly by
allowing such vague cross examina-
ton, he could not come up at this
late day and show the snare into
which the prosecution had been led,
that the supreme court had so held.
Bangs declared he was not to blame
for the counsel's careless and foolish
cross examination, that II the defense
wished to build proper grounds for
such evidence we'll and good, but he
was not going to assist in laying such
q foundation for his opponent and
would take advantage now Of such
carelessness.
There was sharp retaliation by
Cuthbert, who stated he supposed the
counsel was taking advantage of his
brothers absence, as Tracy wasn't
present, to make insinuations Of care
less and fooiishness" to use his own
words.
Cuthbert Charged Fraud.
He further dec-ared the counsel's ac-
tion was a fraud on the court" as he
was willing to sit back and deceive
you, Mr.. President and this 'for pur-
pose OF raising no objection to take
advantage Of later"
Rep. Norman Morrison, a member OF
the present lower legislative house,
who testined he was a stockholder in
Brennan's paper, The Devils Lake In
ter Ocean, was asked IL Dan Brennan
had said to him any time within the
last two years he would "get Cowan,
If it took two years to do it."
Bangs stated the question was too
vague and indefinite and should be
more specific before allowed.
The chair sustained the objection
and Simpson read over, aloud, a por-
tin of the testimony Of Brennan in
the REORGANIZATION.
Finally the chair declared recess
TO look up point of law regarding the
Impeachment of the witnesses
5urdick sutainsd Prosecution.
After q careful research Of the code
and other authorities regarding the
point OF law in question, President
Burdiclx sustained George Bangs OBJ
lection for the reason that a proper
foundation had not been laid for the
introduction OF Morrison's testimony
to impeach Brennan. by the defense
failing to fix the time and place Of
the conversation.
Said cowan Was Sober.
The first two witnesses this morning
were j. e. Mccarthy, York attorney,
who testified in regard to the Rugby
incident, when Cowan presided for
Judge Burr, and r. ID. Taylor of Devils
Lake, whose testimony pertained to
election day in November, 1910.
Both said Cowan was perfectly sober
and not under the influence OF liquor.
No REORGANIZATION was made on
Mccarthy and very little on Taylor,
merely asking him IL he had been
working politically with Judge Cowan
on election day and when his attention
had been called to the condition of ac-
cused on that day. to which the witt
ness stated since the impeachment
charges were preferred, as he recalled
nothing unusual about Cowan on cleo
ton day.
Minnesota Witness.
A peculiar predicament arose when
M. Il. Hubbard Of Anokas Mimi, was
called to the chair In regard to the
Minot stoclxyard sale, where Cowan
was charged, with being drunk, as
brought out in the testimony of ID. G.
Greenleaf, and refuted by Judge Palda,
James johnson and others.
Hubbard was one of the promoters
OF the sale with Carroll, who testified
her the defense recently.
Hubbard is said to have been
brought from Anoka by Homnes on his
hecent trip. while away from the
scenes Of the trial. That question
was asked him. but not answered, as
the objection of the prosecution was
sustained by the chair.
The witness stated Cowan's appear
ance at the Minot horse auction was
at the October sale. instead of August
as named in the specification. Hub
bard said there were two sales. He
did not remember Cowan at the first
one in August, but that the incident
when the latter's horses were mixed
after having purchased them was in
October.
Got Hotel Register.
He recalled Governor Burdick being
present, but insisted 1t was not In
August President Burdick asked him
IL he had refreshed his memory and
witness said no, whereupon the pre-
siding officer suggested sight Of the
hotel register where both stopped
would probably recall enough OF the
incident to establish clearly Ia the
witness mind the date Of the sale
Iowan attended. A recess was taken
Tor that purpose.
HI ri Mccarthy was recalled imme-
ulaKsly sitter the recess To produce the
nossa REGISTER, out Of which one Leaf