Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-04

NJ ALUM UtO kl1v16 SSVOs sssssS
made no complaint"to the mayor or
city attorney with reference to alleged
violations. He also claimed that IL
quor was served over soda fountains
in Devils Lake.
Mann was also asked whether or not
he had at any time sold liquor over
soda fountains at the ChautauQua
grounds and he declared that he had =
not.
In Devils Lake open days saloo1s
were run wide open with bars, beer
being sold across bars. This period,
he claimed, was ended by action of
the state enforcement league, but he
admitted that practically all violat-
ors were brought before Cowan and
convicted. Witness had not made
complaint as to, bawdy houses in the
city although admitting that they had
been present long time. He also
ventured the opinion that last elec-
ton was on the policy of wide open
or closed town, and that McClOry led
the wide open contingent. This view
he claimed, was generally accepted, al
though he admitted no statement or
platform to that effect had ever been
published. McClory was elected over
Fred Traynor, one of the active par
Elephants in the fight against CoWan.
The witness was also asked as to
the actual condition or stage of int0xi-
cation Cowan was under on city cleo
ton day, responding that the Judge
had quite some capacity and guess
ed" that he could put him (Mann) "un-
der the table,"
Albert Roberts.
Albert Roberts, residing three miles
from Devils Lake, said that he had
gona into the Gordon livery barn be.
tween Z and S o'clock election day and
had been accosted by Judge Cowan
whom he said came out of the office
and spoke to him for several minutes,
advocating that he vote her straight"
At that time Roberts said Cowan was
intoxicated and looked as though he
was a bit worse for wear.
James Fitzgerald.
James Fitzgerald, also on the stand,
testified that he had seen COwan at
the Gordon barn about IL o'clock the
night before election and that Cowan
was then intoxicated. On cross exam
ination he admitted that he had been
before Cowan on criminal charges,
that he had been lectured, and that he
did not hold kindly feeling toward the
accused.
Avery johnson.
Avery johnson, a Devils Lake laun-
dryman, said that the Gordon livery
barn had the reputation of being
place where liquor flowed freely, and
declared that he had several times
taken active hand in clearing "drunks"
out of that place or in the lot between
his laundry and barn. There was a
wrangle between attorneys over ad-
hitting this reputation evidence, but
facts bearing upon the question were
finally allowed.
P. j. Keersten was the first witness
called this afternoon and said that he
had seen COwan in the Moran e Green
drug store at Devils Lake and that
Cowan drank something that appear
ed to him to be liquor.
Attorney Fred Duggan of Grand
Forks gave corroborative evidence on
an incident in the Vanderhoof hotel
when he had a motion to make before
COwan and when. he. said the jurist
was drunk, this being the occasion
testified to yesterday by Attorney
Flynn who was present On cros1
examination Duggan said that the
case had been fixed for the day follow
ing, and that the opposing party had
the right to appear, but that the op.
posing counsel did not appear. While
in the hotel room Duggan said some
one else came to the door and that
the Judge inquired of him if he had
anything to drink.
Fred Traynor of Devils Lake next
called said that he was in the district
court room at Devils Lake when the
case of John Michaels, charged with
violating the prohibition Law, was call
ed. and that Cowan appointed Attor-
rey McClory as defending attorney
after he himself had been named by
defendant. On that occasion Traynor
said Cowan was drunk on the bench.
On April 4, last year, Traynor said
Cowan was also drunk, and that he
saw him on thatday.
In preparation of the court docket
in Starkweather Traynor said that he
had made out a form of entry and
that he had included Cuthbert's name
as counsel for defense in that form.
Traynor claimed. however, that Cuth-
bert did actually act for defendants.
The General Opinion.
Belle-How silly men act when they