The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-02
TRACY BANGS
ELOQUENT

Continued From Page One.
i
various sections of the country and a
number Of the more important states
were quoted at length, the recital Of
which took great deal of time, and
which proved dry TO the average lis
tener not particularly interested nor
learned in the law,
Question Of Pleading Not Guilty.
The prosecution has contended from
the first that the Cowan impeachment
trial Is a civil action, while the re-
spondent, himself an attorney OF the
first water, having occupied the posi-
tion Of attorney general of North Da-
. kota, has persisted in the determine
ton that the case is a criminal action.
1t was only last Saturday, during
the remarks of Mr.. Sinkler, that that
able attorney declared this was a civil
action, and stated If acquitted by the
senate Judge Cowan could be tried
on each and every charge again in the
courts of Ramsey county just as soon
as these proceedings are concluded.
This theory was somewhat exploded
In the same manner Of Judge Cowan's
. kids esrcus balloon" with reference
to Witness Greenleaf, by Counselor
Cuthbert yesterday, when he said that
II this action was civil one, the de-
PENDANT would not have been permit
ted, under the statutes, to enter a
plea OF not guilty. He said he was sur
prised at so able q counsel as e. r.
Sinkler making such a rash statement
before the state senate displaying
either his ignorance of the laws under
which he was practicing, or his over
sight IN that particular
Supreme Court Opinions.
The question Of the drawing of
judges salary was one that occupied
much space, the counselor going into
great minutia on the legality of the
proposition. He cited many opinions
handed down from the supreme courts
Of Kentucky and Alabama and sew
eral other states, which bore directly
On the subject.
The counselor contended that the
statute by which a district Judge
should file his certificates on closed |
cases with the state auditor before |
drawing his salary was on directory. |
He stated the legislature had no con-
Etitutional right or power to control |
the salary Of district Judge and that |
the law was void which required him !
TO make such certificates before draw |
ing his salary.
These two subjects alone held the |
attention Of the impeachment court |
until the evening adjournment briefly |
prior to the dinner hour. number |
wanted to take recess until this |
morning, allowing those senators who |
wished TO do so attend the Lindsey |
lecture, Mr.. Cuthbert a little rest in |
which to recuperate before taking up /
the evidence and the court reporters |
an opportunity to get out their days |
work for the journal But a motion |
prevailed to convene soon after 7 |
o'clock and the senate reconvened at |
7:40 to listen to the balance of the |
eounseps discourse.
Takes Up tho Evidence.
The evidence, from the viewpoint of |
the defendant, was listened to at
tentively by an anxious senate last
night. After hearing the complete re-
cital of Mr.. Sinklers views on their |
damaging effect Saturday night, ev- |
eryone was eager to hear lust how the |
prosecutions argument would be COM |
batted.
Among the first things brought out |
was the Cramond hotel register. which
Mr.. Sinkler was the silent witness"
bearing the staggering signature of |
the judge written by the drunken hand |
OF John f. Cowan. Mr.. Cuthbert adj
mitted the signature was there and in
Vited all the senators to come up and
look at II, which invitation was ac-
cepted during one OF the recesses of
the evening.
He produced the cash book of the
hotel, where it was shown that no
entry for Judge Cowan's lodgings
while there had been made. This he
said must have been an oversight on
the part Of the prosecution. which had
gone so far to bring out the "stap-
gering, drunken signature but had
failed to go deeper to substantia+a
their claims that Witness Minkler had
been a guest there at the time OF his
illness.
Laketa and Rugby Incidents.
In beautiful terms he paid q glow
ing tribute to Mrs. Jean McNaughton
stevens and to womankind and the
women OF her type. He said such
"SAAioAA AOSt4hlOuy was 1rrefutable
and stood out clearly against all of
"Sinkler's mass of evidence" He told
OF the story of John F. Cowan when
he faced an angry mob and protected
colored man from lynching.
After naming over a number Of wit
nesses generally, praising those close
personal friends OF the judge who had
come all the way to tell the many
good things they knew about him. he
came to the Lakota and Rugby incl
dents, which, he said, were regarded
the strongest features of the charges
by the prosecution, and on which they
hoped to convict Cowan.
Careful attention was given the tes-
umony of Scott Rex, who stated he
met Judge Cowan at the Hotel Grace
In Lakota on July /, 1910, when the