Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-04-01
Continuous Objection Made
by Attorneys
Burdick Makes a Very I'm.
poftant Ruling

Alleged drunkenness upon the part
OF Judge Cowan upon an occasion at
Churchs Ferry in the summer of 1909
was set forth in the first evidence
submitted to the high court Of i'm
peachment, J. H. Fulkerson, now OF
Crary, being the witness who testi-
fed to the affair. T. D. Stansberry,
also present upon the occasion, was
used by the prosecution in giving cor
roborating evidence.
FulkersOn was called to the stand
shortly after 10 o'clock today after
President Burdick had made a brief
statement with reference to explana-
ton of votes by members Of the court,
and few words of admOnitiOn to
both friends and enemies Of Judge
Cowan as to their behavior towards
witnesses and members of the senate
pending triol.
Members of the court may explain
their vote but cannot enter into an
argument while doing so" said Presi-
dent Burdick. He stated, too, that he
did not wish to be arbitrary in the
matter, but that the question was one
that the senate itself could determine
at any time so far as making explana-
ton of votes is concerned.
Senators, this is very extraOrdin
ary proceeding said President Bur-
dick. while the constitution and the
statutes of our state are quite explicit
as to impeachment proceedings, yet
many questions will arise which will
not be covered by either. The statutes
provide that each specification shall
be voted on separately, as an indie
pendent case, yet no Judgment will be
expressed by vote until the entire
81 separate cases are presented. No
human mind is capable of remember
ing, after the close of the case, the
evidence and law in each particular
case, hence, you will necessarily have
to consider the matter as whole, the
gist of the case being, is the respond
ent fit man to hold the position of
judge"
Mr.. Fulkerson, when called to the
stand, said he was now a resident of
Crary though formerly residing in
Churchs Ferry. That once In the
summer of 1909, while standing on the
depot platform, about the time of the
arrival of No. 6 Of the Great Northern,
and that while there Judge Cowan was
seen to come onto the platform sup
ported by Dr. Flath and John Ander-
son on either side,. with his stenog-
rapher, Mr.. Taylor, behind pushing
him. Objection was made by Tracy
Bangs on evidence being admitted,
he claimed that the affair was not spe.
Gifted in the articles OF Impeachment,
but the objection was overruled on the
ground that it came under the first
charge that of habitual drunkenness.
Fulkerson says he saw C0wan sup
ported in this manner along the plat
form for distance of from forty to-
sixty feet, one holding each arm, and
in answer to the question as to how
he was sustained, but the witness
he seems to be pretty timber for some
reason CT other"
His hat, witness said, was just on
the back of his head, with his hair
over his forehead, and with
his face very red.
A question as to the condition of the
Judge was objected to on the ground
that no foundation had been laid, and
he was sustained, but the witness
was allowed to give his opinion as to
condition. Tracy Bangs contended
that members of the senate themsel-
YES were capable of judging his condi-
lion from the description given.
His appearance seemed to indi-
cate that he was under the influence
If liquor" said Fulkerson.
Counsel George Bangs then asked
.or the action of other parties on the
lepot platform. Objected to on the
grounds that Cowan was not to be
mpeached for the actions of others,
,ut the witness was allowed to answer
~ stating that Cowan was the center
II attraction and that people turned
md looked at him. The statement
hat they were astonished was strick.
N from the record.
Turned over for cross examination
he witness responded that he had
;nown Cowan about twenty years,
lad not seen him intoxicated at any
ther time, knew DR.. Flath about six
ears, was unable to fix the time of
be affair more definitely, but believed
hat he was returning from holding
ourt term at Cando. His feet, he
aid, were dragging along more or less
7hile crossing the platform. He did
OF know whether Flath remained on
be train after going on the cars with
udge Cowan Or not.
Asked whether he had been talking
, anyone of the affair recently, the
ames of J. NJ. Kelly, Joe Bloom and
!. B. Kerlin of Devils Lake being used
y counsel for defendant, witness tes-
fed that he had not. On further
uestioning witness thought that the
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