The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-03-31
both SIDES GAINED IN
COWAN CASE
Continued From Page one.


As to and two absent and not voting.
The two voting against the demurrer
were Senators Bessessen and Mcdowell,
the former demanding roll call after
President Burdick had previously sus-
tanned the counsel for the respondent
from the chair.
This was one OF the most decisive
features of the whole proceedings, as
is was brought out that 1t deals abso-
lutely with the justice and fairness to
the accused in the senates hearing Of
the case. The specification which was
SO set aside further charged that the
accused jurist had failed to decide is
sues of fact tried before him for more
than sixty days after the same were
submitted to him for decision, and not
being prevented by sickness or other
unavoidable casualty had wilfully and
unlawfully failed and refused to make
decision Of such motions, special
proceedings, applications and issues of
fact for periods Of time many months
exceeding the sixty days after the same
were submitted to him for his de-
cision.
Cowan Takes Part.
In the demurrer, Judge Cowan had
stipulated that he had not sufficient
time from the time of the service of
the charges against him to the opening
of the impeachment trial to collect
any evidence that would sustain any
point which the prosecution might
wish to bring out in that respect. The
demurred laid stress upon the fact of
the Indebtedness of the charges as
there was not one stipulation of
single case contained therein. In the
specification under discussion 1t was
commended that there was absolutely
no one specified act wherein Judge
Cowan had been guilty of not conform
ing to the laws during the course of
his incumbency upon the Second ju-
dicial bench.
Tracy r Bangs, leading counsel for
the defense, stated to the senate that
the charge was not explicit and mas
much as there was nothing definite
contained in the verbiage OF the spec
flcation, it was not reasonable to ex-
pect Judge Cowan to go back over the
record of every case in which he had
sat during the last ten years, which,
covers his entire service as judge, try
ing to find all the witnesses, attorneys
and jurors who had appeared before
him in that time to prove his limo
cence Of the charge, in the brief time
the house of representatives and board
of managers had allowed him to pre-
pare for this trial.
He also stated that the board of
managers could bring in many cases
of delayed cases up for decision by
Judge Cowan during the course of the
ten years but as no specific instances
were cited such a period of time rem
dered it almost impossible for the de-
PENDANT to collect evidence to disprove
these charges.
G. A. Bangs of the opposing counsel,
said service had been made two weeks
ago and the charges were not isolated
and had been running continuously,
that the respondent was guilty Of ha-
bitual disregard and neglect of duty.
"Mr. Bangs" interrupted Judge
Cowan himself. Please read that
charge again Of habitual neglect OF
duty"
The leading counsel for the prosecu-
ton turned to the charges OF the house
again and then stated to the senate,
ST am pleased to correct myself, 1t Is
continuously instead of habitual"
''And, Mr.. Bangs said the accused
jurist again, please state when this
service was made on me-"
Counsel for the prosecution was ex-
tremely courteous and replied to the de-
fendant on that point. Mr.. Cowan, /
would not DISPUTE YOUR word, and IL
you say it is less than the time I
specified moment ago, i am willing
to say you are right"
Judge Cowan leaned over and sifted
among his papers until he found the
necessary document and brought out
the fact that the papers had been
served on him the night before he
started for Bismarck from Devils Lake
to attend the opening of the trial which
began March 2S. The papers were
dated March 20 and did not reach his
hands until the Saturday before the
trial.
1T was the first time the accused
jurist has spoken or taken any active
part in the impeachment proceedings.
There was absolute silence in the
chamber while he questioned Mr..
Bangs, as he spoke in low tone, and
those in the Hobbies and galleries want
ed to catch every word he said.
After lengthy and eloquent argu-
ment by both sides, in which the two
brothers scored each other roundly,
though in a good natured way, the
chair sustained counsel for the defense
and on roll call demanded by Senator
Bessessen, there We're only two votes
against sustaining the demurrer per-
tanning to that specification.
Simpson Asks for Authority.
There was only one more big debate
during the afternoon before adjourn
ment OF the senatorial court. This
was over the defendants demurrer in
regard to the first three specifications
or Charge No. 8, which al were con-
sidered collectively.
The discussion between the two
brothers was heated one4 Tracy n.
Bangs contended that the specification
was too generaI and too indefinite.
giving the respondent no explicit case