Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-08
WITNESS TAMPERING
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court would, should the prosecution
feel dissatisfied or the court feel dis.
satisfied, with the showing made on
the forty-nine cases that are specified
in the articles of impeachment to have
been delayed.
Yesterday the prosecution showed
it's intense anxiety to get these cases
before the senate, and in putting the
proposition of making an expression
to the court, it was merely to show
the prosecution and the board of man.
ayers thai the court is not and does
not wish to act arbitrarily in the mat
ter, but that it is willing to further
consider the question at later date
should such conditions arise as to ap-
pear to warrant such steps.
On the motion or ruling admitting
to the records the offer of proof to
substantiate charges of delays, made
when Counsel. George Bangs sought
to offer a case that was not specified
merely as an offer of proof. 1t was
charged by the defense that such offer
could not be made in court Of last
resort, the contention being that while
such offer of proof could be made in
court from which an appeal might
be taken, there is no grounds for ad-
hitting such offer in high court
from which there is no appeal.
While the subject was under dis.
cussion Senator Bessesen took rath-
er active part and his discussion came
to- a conclusion when President Bur-
dick announced that the subject was
one for each senator to decide for
himself, and he made his position with
respect to that view quite plain and
in no uncertain manner either.
Bangs Brothers.
There is one feature of the case
that never serves to fail of being in.
teresting, and that is the fight between
George and Tracy Bangs. Very few
points get by without challenge, and
the sarcasm that is displayed is quite
often extremely amusing. And it
must be admitted that for sarcasm the
honors are quite evenly divided.
No Afternoon Session.
When the noon recess was taken
today, court adjourned till Monday
morning at nine o'clock. Prosecuting
Counsel George A. Bangs stated to
the court that an adjournment at this
time was greatly desired, and he felt
that an adjournment of a week would
be of inestimable value to the board
of managers. Tracy Bangs for the
respondent suggested that such an
adjournment would work great hard
ship on accused, but was favorable to
adjournment till Monday. George
Bangs also felt that a short adjourn.
ment would be of much benefit.
Several members of the senate par.
ticipated in the discussion and ad.
journment was finally agreed to until
Monday, it being considered unwise
to take lengthy adjournment be-
cause Of the great expense to all
concerned. Witnesses for the defense
have been subpoenaed to reach Bis
marck the early part Of next week.
Delayed Cases.
Practically the entire forenoon was
given over to the consideration Of
delayed cases with Attorney Henry
G. Middaugh of Devils Lake on the
stand, Fred Traynor and F. T. Cuth'
bert, latter counsel for defense, be.
ing called to stand for few moments
each.
In addition to the case dismissed
at the instance of the prosecution,
the days work really opened, another
was also dismissed as the taking of
evidence advanced, being that Of
Burke vs.. Scharf, which 'Middaugh
testified had been held up but through
no fault Of Cowan's.
Attorneys Cuthbert was called to
the stand on the Hansboro State Bank
vs.. Oberg case, In which there was
q motion to set aside false judgment.
Cuthbert stated that when arguments
on motion had been made, he repre-
senting moving party, objection on
the ground that the papers were de-
fective, and Judge Cowan announced
a decision at that time to that effect.
Cuthbert said that he asked for stay
and. Cowan held up the case, the pur-
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