The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-04-06
.COWAN CASE
IS DELAYED
Much Time Taken Up This
Morning IN Arguments
Clashes Between Senator Simp-
son and Geo. A. Bangs

objections to charge s in the senate
this morning on the grounds of be-
ing an unimpeachable offense
Mr. Bangs statement was followed
by Senator Simpson who expressed
the opinion that the charges on the de-
layed cases did not allege facts sum
Gent to impeach the respondent and
did not warrant the senate to act
and he, himself, would have something
to say on that cat the proper time"
Geo, A. Bangs made a brilliant adj
dress in reply, in which he contended
the rules laid down In ordinary court
procedure prevailed, that it was not
proper to take the evidence and then
throw 1t all out on mere technicali-
ties
He said when the defendant made
a plea of not guilty a few days ago,
every material allegation was placed
In issue and the defendant then waiv-
ed any further right to object on the
sufficiency OF the pIeadings.
Senator Simpson replied that he
considered it a remarkable elastic con-
struetion of the law and he would not
be bound by the counsel for the prose-
cution or the defense when he felt
there was lack Of authority for such
contention.
In reply, George Bangs said the
arguments were not open to those
whose minds are not open to charges
nor those whose minds are already
made up. that the allegations amounts
ed to naught ii, when all through the
senate threw them out, and he urged
they be disposed OF now. once and for
all, and that time be not taken up
in the discussion Of technicalities.
Tracy Bangs stated even though the
respondent admitted he had done
these things, he should not be inn
peacfed unless he was guilty Of
charges constituting an Improbable
offense.
During the argument with Senator
Simpson the counsel for the prosecu-
ton made an unintentional reference
TO the latter calling him counsel which
Tracy Bangs took up and stated the
counsel rather jumped on the accused
and his counsel and reached out in the
senate chamber.
Senator Simpson replied that the
senator was able to take care OF him
helf.
George Bangs said when it came to
the tihse for a Ina vote lis wanted no
blame to rest on the sister house and
no excuse for any senator's vote on
the matter
Simpson replied that when the case
is summed up he would make a brief
reply to the counsel for the prosecu-
ton
Samuels Testified.
The testimony was delayed this
morning, owing to the legal contro-
Versy.
The first witness was w. G. Samuels
of Devils Lake. He testified that he
had known the accused thirty years,
that he remembered an instance in
the vanderhoof hotel, when he heard
Judge Cowan singing about midnight
in the alcove of the dining room.
He said he couldn't tell whether the
judge was under the influence of LIQUOR
by what he saw. but what he heard.
On cross examination, conducted by
Counsel McCIory, he was asked if the
occasion was not Burns birthday, jan
%, which witness answered by saying
It was about that time of year, though
he did not remember the date.
SamueIs stated that ne was direc-
tor of the railroad OF which Joe Kelly
is president.
Second Witness.
The second witness was Monroe
Branchfiower of Devils Lake, manager
of the North Dakota Mercantile g.
Drug Co. He said he kept the books
at Bonds Drugstore.
The witness OF the said Judge Cow
an frequented that store on an average
OF three times week and would help
himself to whisky, which was kept in
a small cupboard.
Branchhower also testified he at
tended court one time, was In court
room about half an hour. when
Judge Cowan came in. walked to the
bench and adjourned court at once
without taking his seat.
He said the judge had the appear
ence Of being intoxicated from his
flushed face and neck.
More Arguments.
Following a brief recess taken shortly
after IA o'clock, Scott Rex was again
placed on the stand to testify in re-
gard to an unspecified charge to which
serious objection was raised by the
counsel for the defense.
Tracy Bangs made an impassioned
speech In support of his contentious,
receiving an equally brilliant effort
from his distinguished brother In re-
ply. The debate consumed the rest of
the morning and short recess was
taken TIL 1880.
Senators Want Action.
Senator Martin inquired IL it was
the purpose of the prosecution to
question Witness Rex on a charge not
specified at that time, which counsel
for the prosecution answered affirma-
lively.
Further objection was raised by the
defense on the grounds that 1t was a
blind charge, that it was an unfair
trial Of the defendant to bring in evil
dence he had not been informed about
especially so In lieu Of the fact that
the fotty-nine specifications cited cases
covering period Of time as proof of
charge 7.
Just before noon Senator Hookway
stated he saw no reason why counsel
for the prosecution and the defense
should wrangle back and forth and
deeper consideration should be given
by the senate now. SO the matter was
deferred until after dinner
This Afternoon
On the reassemhllng oil tile court of
impeachment this afternoon long
argument was made BY Geo. a. Bangs
of the prosecution counsel In rehuttal
- the efforts Of the counsel for the
defense 10 have the xrpfi finafsatSr *