The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-01

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His hat. witness said, was Just on
the back of his head, with hair hang
ing over his forehead, and with hia
face very red.
A question as to the condition Of
Judge Cowan was objected on tho
ground that no foundation had been
laid and 1t was sustained. but the wit
ness was allowed to give his opinion
as to the condition. Tracy Bangs con-
tended that the members Of the SEN
ate themselves were capable Of judg-
ing the condition from the description
given. His appearance seemed to in
dicate that he was under the influence
Of liquor" said Tulkerson.
Counsel George Bangs then asked
for the action Of the other parties on
the depot platform. The question was
objected to on. the grounds that Cow
an was not to be impeached for the
actions of others. but the witness was
allowed to answer by stating that
Cowan was the center Of attraction
and that the people turned and look
ed at him. The statement that they
were a1tonished was stricken from
u nrecord.
az on OveI o0T SiOso oAoAnAaAo.sOas
the> g sss responded that he had
KNOWN N,n about twenty years. had
not seen 8 Intoxicated at any 9TH
or time; 49,. Or. Elath about six
years; was DO to fix the time Of
the affair more q ely but believed
that he was retuh Z from holding
court at Cando. His<feet. he said,
were dragging along more or less
while crossing the platform. He did
not know whether Dr. Flath remained
on the train after going on the oars
with Judge Cowan or not. Asked
whether he had been talking to any
one Of the affair recently, the names
Of j. NJ. Kelly, J. II. Bloom and A. B..
Kerlin Of Devils Lake being used by
the counsel for the defendant. The
witness testified that he had not. On
further questioning the witness
thought that the incident occurred at
about the close Of the summer term Of
court In Towner county.
On CROSS examination nothing espe-
cially new was ELECTED. He was
questioned as to whom he had spok-
en- to Of the incident and he said he
had spoken to serumgard, Traynor
and Wehe. making such replies on
direct questions.
]. r. Orum Of st. John was called.
He had known Cowan about ten years
and testified with reference to the
IIansboro incident. He said he had
spoken to Cowsn while the Judge sat
In the car; that he was In q stupor
and apparently Intoxicated. Also that
he was sitting with only his undershirt
on. Later he said he sew Cowan put
ting another shirt on, He also siden-
titled Cowan's friends upon this occa-
sion.
Stansbe1y Testified.
T. D. stansberry, next called, testi-
fed that he had known Judge Cowan
twenty-five years and that he wit
messed the incident Eulkerson had
testified to. Furthermore he said that
he heard Cowan either singing or
muttering. Perhaps he was singing
because he saw chance to leave
Churches Ferry, ventured Tracy r.
Bangs In cross-examination.
G. D. Kelso. Minot attorney, testi-
fled that he had become acquainted
with Judge Cowan in Minot one day
last summer, at the Office Of J. e.
Burke in Minot; that he was intro
duced by L. j. Palda and that at the
time he detected the odor Of hquor
on Cowan's breath. He said that he
was on his way down town about 8
o'clock In the afternoon when the af-
fair happened and that he only waited
short time, and was under the i'm
preston that Cowan had been called
In on some matters for Judge Goss.
When introduced he said Cowan made
the statement that he would give him
a square deal If he came before him.
He also testified that there were sew
eral bottles on a table nearby, ap-
parently half pint beer bottles. In
the cross-examination he admitted
there were about half q dozen bottles
there and there were three men pres
ent. In cross-examination Tracy
Bangs also inquired II the witness
knew anything about Palda and Cowan
having been out 'automobiling that
morning and as to the time the trains
left going east and whether or not
Cowan had not left on a train be-
tween IL and o'clock. The witness
replied that he did not.
Rev. A. w. Burr Of Wolford proved
an interesting witness and at the same
time afforded some amusement for the
members and the crowd. He had
known Cowan about five or six
months, residing in Devils Lake for
a short time last year and was there
at the time Of the campaign against
the alleged liquor dealers last fall.
Coming in the postofilce one night, not
knowing Cowan, he was accosted and
entered into q conversation with the
man whom he afterwards learned was
Cowan. Cowan had been with q group
Of men discussing the situation In the
city at that time. The Judge, he said,
talked Of the evidence and require
ments that the law laid down before
the evidence was admissible. Cowan
also said something about the city
being advertised as bad place, to
which witness. said he responded that
the arousal Of sentiment was some-
times necessary to purge q community
Of unsavory conditions. He came to
the conclusion during the CONVERSE