The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-04-07
PROSECUTION.
WILL CLOSE ITS
CASE SATURDAY
Unwilling Witness For Prose.
cution Was Tried Out This
Morning
NO CHANCE TO GET DELAYED
CASES NOT SPECIFIED HEARD

inatton by Special Committee Of
the Senate With Directions to Re.
port Monday.
III. ID. Paulson.)
Bismarck, April 1.-THE, first COM
plant Of witness tampering was made
public today when President Burdick,
announced that an AFFIDAVIT had been
flied with him by George Homnes,
chairman Of the board Of managers,
such adavit being made by one Of
the witnesses for the prosecution who
declared that an effort was being
made either to influence or intimidate.
The contents of this affidavit were nto
disclosed, President Burdick an
nouncin9 that publicity was not de-
sirable till after the report of the COM
mittee to which it was referred had
been made. This committee consists
Of Senators Kretzmar, Mclean and
Cashel, and the instructions are to
make a close investigation into the
charges made by the witness, report
ing back with recommendations Mon
day. That report will either be to the
effect that the principal against whom
the charge is lodged by the witness
shall be cited for contempt or that
there are insufficient grounds for ac-
tion.
Very slow progress in taking of evil
dence was made during the early part,
Of the day. John Andrews, deputy
state secretary Of state, being called
to the stand to offer John Cowan's
oath Of Office as evidence, while Carl
Jorgenson, deputy state auditor. Of
fered In evidence the certificates filed
by Cowan during the last six years;
also the warrants drawn In his favor.
There was little argument over ad-
mitting certain vouchers, in evidence
but they finally were admitted. The
witness was not allowed to answer
Tracy Bangs question Of whether or
not any distrfct judge had ever filed
certificate that. did show any. cases.,
motions, ETC., delayed. $500 -
The prosecution will complete the
introducing of evidence on the de-
layed cases either late today or to-
morrow morning and the defense will
have the boards commencing Monday
morning or probably sooner. There
will only be about seventy-five wit
nesses for the defendant and their
evidence probably can be offered next
week, depending largely upon the
length of the oross-examination.
When n. E. Nostdahl, Rugby at
torney, was called to testify as to one
of the charges of delayed cases, that
of Oksendahl vs. Hale, there was an
unusual procedure, Counsel George
Bangs announcing, after he had ques-
toned the witness on several points,
that the witness had been an unwill-
ing one all the way through, remarks
to that effect by counsel being strick
en- from the record. Insinuations that
perhaps the witness was not telling
all that he knew were also made, and
the witness attempted to take excep-
tion but without result. He did state,
however, that he had been in the city
ten days waiting for an opportunity.
1t was brought out at this point that
Counsel Geo. Bangs had accused him
in the corridor of the capitol building
yesterday of "monkeying" with wit
nesses. The witness admitted that he
was friend Of Cowan. His evidence
was to the effect that the case in ques-
ton had been tried on March 10. 1906,
no decision having been rendered. but
he claimed that as matter of fact the
case had not in reality been finally
submitted. A letter was offered by
the witness. upon the request of the
prosecution, the same being written
by Burke, Mliddaugh and Cuthbert. to
Mr.. Nostdahl, relative to this case.
In this letter. dated in November,
1908, 1t was shown that there was
movement for settlement. This let
ter the prosecution refused to allow
counsel for the defense to examine but
Immediately the witness had been
turned over to the defense. Nostdahl
was asked for such letter by Tracy
Bangs and It was then turned over
by George Bangs who had retained
possession. II would have turned 1t
over Immediately" said George Bangs
chad the request, been made IN a
courteous manner.
Corliss . Witness
Judge Guy c. H. Corliss of Grand
Forks, called in the same case. testi-
1ied that the matter had been tried
the latter part Of Feb. 1906. He
said that he had submitted brief
March Z, 1906. and subsequently
wrote to Judge Cowan as to deci-
sion. Letters dated Dec. IL, 1905:
February Is, 1907: April "a, 1907;
March "a, 1907; July 1. 1907; August
2, 1907 and Feb. 20, 1908 were Offer
ed in evidence in substantiation Of
the Claim that repeated requests had
been made for decision. No reply
was received to the letters until one
came advising him that the papers