The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-19

another witness, and the chair sus.
tanned the objection. Later the cues
ton was raised that whatever evi.
dence might be brought out by sub.
sequent testimony. would not be fol
the purpose OF impeaching the witness
but merely for testing the credibility
OF the witness. During the RECESS
Secretary Foley telephoned to Mr.
GFeenleaf at Minot and asked him ID
come TO Bismarck at once. However
was later decided 10y Counselor
Tracy Bangs that incident would be
covered in another way and that Mr.
Greenleaf's presence would not be es-
sentiaI.
cowan Sober on Election Day.
Cine Of the many witnesses OF the
afternoon after recess was John Has
an. Devils Lake merchanh, who
stated he had known the accused Jurist
Tor about dozen years. His testi-
mony covered the unspecif1ed instance
when Judge Cowan was charged with
being drunk on election day, Nov. 3,
1910.
He said he saw the Judge a great
many times on that day, frequently on
the street. and In the county auditors
office that night, and that on all occas-
ions he was perfectly sober. Further
than this he stated that Judge Cowanss
appearance was just the same as he
ordinarily appeared During the day
the witness stated he met and talked
with Judge Cowan many times, and
there was nothing in his conversation
that would indicate ne was under the
influence Of liquor.
On cross examination conducted by
Mr.. Sinkler. he denied that he was
financially interested in the Wander
hoof hotel. He said he had observed
Judge Cowan closely on the last gem
eral election day. and that he was NOT
drunk nor did he show he might have
been drinking Also he said he was
working politically that day, but not
particularly with the accused.
Former Sheriff on Stand.
One of the men who conducted the
horse auction at Minot which has
been made a conspicuous incident In
the trial, w. j. Carroll, was a good
witness for the defense. Mr. Carroll
was brief in his answers and strictls
to the point. He volunteered nothing
and framed his responses in a few
words.
He stated that the horse sale which
had taken place Aug. 81 and Sept. j
and 2, 1908, was largely attended and
described the stock for sale and the
mare which Judge Cowan had pur-
chased the day before, which by acct
dent had been turned back into the
band which was put on sale the next
day, He stated that Judge Cowan
was perfectly sober on that day and
HIS story corroborated the testimony
of Judge Palda and others who have
been heard on that incident for the
defense.
An attempt was made by the defense
to fasten the day of Judge Cowan's
alleged drunkenness Sept. l. After
much detailed cross examination.
counsel for defense asked the witness
II Judge Cowan was drunk or sober
on either of the other two days OF the
sale which he attended, and Mr.. Car
roll said he was sober showing no
indications Of being drunk or having
drunk any intoxicating beverages.
Atty. A. e. Sheets OF Lakota, who
has been on the stand before for the
defense in reference to the Hotel Grace
incident at L.akota, was recalled dur !
ing the afternoon in regard to one OF
the delayed cases pertaining to the
action Of Departs VS.. Sheets. Questions
were asked about the delivery ana
serving OF papers in connection with
the case.
To his knowledge Mr.. Sheets said
that the papers in this case were never
served on Judge Cowan. He answered
negatively to a question put by SEN
ator Simpson as 10 whether he ap-
peared as the attorney OF record with
Scott Rex in that case or that he was
associated with the Grand Forks at
torney, He also stated that he had
retired from the active practice OF
law about four years ago.
Two Other Witnesses.
Two other important witnesses OF
the afternoon we're John Hager OF Es-
mond, former sheriff Of Benson county
and once state central committeeman.
and John Shuitz OF Leeds Mr.. Shuitz
testified "a fhA inrfd@rt h,-nstOg,+ o,,t