Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-21
C0WAN DEFENSE
IS To Finish
LATE TODAY

A request for a public retraction OF
statements made by him several days
ago, when, in the heat OF argument
he expressed the belief that if a two
week adjournment was granted the
prosecution that witnesses would be
bought to testify, mentioning the
names Of A. b. Kerlin, Joseph NJ. kel.
ly, Dan V. Brennan and F. P. Mann OF
Devils Lake, was made upon Counsel
Tracy r. Bangs TO rthe respondent to-
day by those four men.
This request was also placed in the
hands of President Burdick of the
senate in the form Of a comm,Hica-
ton, and by the presiding officer was
referred to committee consisting or
Davis, Steele OF Stutsman, Mcdowell,
Carter and Allen.
Another feature OF the morning sas-
sion OF Impeachment was the failure
of the defense to secure the itroduc-
ton of evidence that was to have
been given by Norman MORRISON, a
member Of the house OF representa-.
tives, for the purpose Of impeaching
the testimony offered by Dan Bren-
nan when he was on the stand.
Over Norman MorrisOn's testimony,
there was somewhat of a fight, Presi-
dent Burdick ruling the evidence out
on the ground that the defense had
failed to lay proper foundation for
the introduction of impeaching evil
dance in the cross examination OF Dan
Brennan. Brennan, in such cross ex-
animation, was asked if he had made
statement to Morrison in the last
two years that he would get Cowan
if it took two years." replying NO."
and on another question answering
that he had told Morrison that Cow.
an, McClory and Cuthbert had to be
driven from public life in Devils Lake
if law and order were to prevail.
Already the defense has succeeded
in securing statement from Fred
Bassford of the same nature that was
proposed to be secured from Morrison,
namely. to the effect that Brennan
had made such a statement.
The rule of law providing that to
impeach the attention of the witness
must be called to the particular time.
place and person, wss the one on
which Burdick based the ruling sus-
t.fining the objection of the prosecu-
ton. The defense cOntended that the
failure Of the prosecution to object
at the time the question was pro-
pounded to Brennan as to the latitude
of time allowed made it impossible
for them to object at this time. Mr..
Morrison is prominent farmer and
business man of Webster, Ramsey
county.
In regards to statements by Tracy
Bangs on the question of buying wit
nesses, the matter will be taken up
by the committee appointed either
this evening or tomorrow. No charge
was made by Bangs that the witness
IS had been bought, but he contended |
that if time was allowed the oppor- !
tunity for the buying Of witnesses
would be afforded, and he mentioned |
the names of four men when asked by |
the counsel for prosecution George |
Bangs, if the insinuation were direct
ed at him.
M. l.. Hubbard, of Anoka, Minn.,
)ne the partners in the sale of hors.
IS at Minot when D. c.. Greenleaf !
testified that COWan was intoxicated,
vas placed on the stand before noon.
He had some difficulty fixing the time
If the sale, but finally did so when
'ecalled this afternoon. He saw
Cowan at that sale several times and
It no time did he appear under the
influence of liquor. Hubbard had been
brought to Bismarck as witness for
it is understood.
J. F. Mccartney, of York, engaged
II the practice Of law. was in Rugby
Turing the trial of the Slavins case.
'eaching there January 25, and seeing
-owan quite frequently. At no time
Turing the progress of the trial was
-owan under the influence OF liquor.
The witness also testified that he had
een Cowan at Minnewaukan, Benson
:ounty, frequently, but had never seen
,im drunk.
r. f. Taylor, of Devils Lake. broth
n of Insurance Commissioner Walt c.
Taylor. declared that he saw Cowan on
he. day of the general election fire.
and that he saw him in the
,f6ce of the county auditor the night
If election, and that he was at no time
lnder the influence of liquor.
Late Thursday Afternoon.
Chas. Taylor, court reporter in the
econd judicial district, occupied the
witness stand for the last portion of
Thursday afternoon His Testimony !
vas with reference to the several in
idents with which his name has been
previously connected.
He declared that ever since Judge
,owan was on the bench, he had at.
ended every term of court. and that
It no time has he seen Judge Cowan
trunk on the bench.
He described the Hansboro incident
Continued on page 81