The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-03-31

SC0oAA4O 4uSeetuCoS were MOI
Given Under Accusation in
impeachment
Bismarck, N. D., March 31.-Judse
Jonn =. r: Cowan will not be tried upon
the allegations contained in the
Xnth charge of the articles Of i'm
cx SRment exhibited against him by
IL Nouse of representatives. The
az was determined this morning
afteS1 Nments extending over an
hour Nd a half.
Ihis charge is to the effect that
Judge Cowan acted grossly unjust In
court towards juries, witnesses. liti-
gants and counsel. They were gen.
eral In form, and demurred to on the
ground that they failed to set forth
any specific instance upon which to
base the allegations.
In the fight that closed over that
feature Of the articles today there
was no little eloquence and Tracy r.
Bangs, counsel for defendant. for the
first time referred to the political fea-
ture of the case by declaring that the
prosecution Of Judge Cowan had been
brought about because Of political dis
turbances and for the purpose Of re-
moving factor in politics.
When the vote was taken Senators
Allen and Bessessen both voting in
the negative, or against sustaining the
demurrer, explained their votes, with
the result that halt was called in
the proceedings to the extent Of maxi
Ing 1t the sense Of the senate that the
explanations of votes be done away
with, inasmuch as such explanations
would necessarily mean an argument.
Those In favor of sustaining the de-
murrer and striking out the charges
In question were Baker, Carter, Cash
ell. Duncan, Gansle, Gibbens, Gron-
void, Gunderson, Jacobson, Hookway,
johnson, Kennedy, LaMoure, Kretch-
mar Thoreson, Linde. Martin, McDon-
aid. Mclean, Simpson, Stevens, BY
vertson, Talcott, Trimble, Walton,
'Welo. Walsh and Young. .<s
When court convened President
Burdick suggested that the prosecu-
ton might file a bill Of particulars
setting forth the specific instances In
which 1t was claimed that Judge
Cowan had acted as was charged III
the eighth charge of the articles of
impeachment, but the defense object
ed to such action on the ground. that
the house managers and counsel were
without authority to make such
amended complaints.
George A. Bangs in opening the ar
gument on the demurrer to the eighth
charge, declared that it was the pur-
pose Of the prosecution to prove the
habit upon the part Of the accused to
control juries by his actions, to brow
beat witnesses or to mistreat attor-
neys in his court, and not to set up
or prove specific instances. He de-
clared that 1t was habitual prac-
tice, and came under the same term
as habitual drunkenness. He quoted
from ten cases. largely relating to the
maintenance Of common nuisances,
gambling houses, etc., declaring that
the rule that held in those cases
should apply in this, or, that the prac-
tice was "the state of being" as 1t
was in cases quoted from.
Counsel Tracy Bangs making re-
ply, declared that the cases cited did
not bear out the contention in this
case. The keeping of gaming houses
was an offense, he said, specified in
the statutes as the keeping Of COM
mon nuisance in this state. t is
state Of being" Habitual drunken
ness is fixed by the statutes and is a
"state Of being" but the charge OF
habitual misconduct was the crea-
1r,S,~ I,a1 xxyr fha
articles Of impeachment. In his work
as Judge, Cowan has tried about 5000
cases and his counsel felt that II In
5000 Of those cases the defendant had
not acted properly, that It was for
the prosecution to designate those
5000 cases, that the accused might
have some time to prepare his de-
fense. He referred to larceny cases
and showed that the particular crime
must be set forth in an information,
and that the declaring Of such infor-
nation must be governed by the
statues. In the point under consid-
Grafton he declared that the statues
must govern. at is right to put
man on trial with his eyes blinded?
That is just what the state would do
in this case, and, II the board OF man
ayers, fatrm1nded ana upright men,
would stop for a moment, they would
see it." said Mr.. Bangs. "To be
habitually drunk is state Of being.
1t is not enough to prove that a man
is drunk or has been tee'd. or has
been soused," said Mr.. Bangs. But
in this it is different"
When the vote on the eighth charge
demurrer had been completed the
court adjourned till 1880 this after
noon without doing further business.
Attitude OF Judge Cowan
1t is interesting 70 note the attitude
of Judge Cowan while in court Sea-
ed at the head of tho table assigned to
his counsel, the iIapeached jurist is
found at all times actively engaged
,n,c Innrnx,od n,,ortn \