Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-03-01


! With the adoption of the resolution
a public trial of Judge Cowan by the
senate of the state is assured, and
the same will be held after the ad'
journment of the regular session, but
not until twenty days have elapsed
from the time articles of impeach'
ment, which are to be drawn by the
board of managers, are served upon
Judge Co~an.
Yesterdays proceedings were insti-
tuted when Chairman Jordal of
! Special impeachment investigation
committee except o. G. Dosseth, who
is i'll. This resolution follows:
Whereas, the action of the house Of
| representatives has been misunder-
stood by the public, for failing to in
dict the Hon. John F.. Cowan on a
! report of a special committee Of seven
members, which committee was ap'
pointed by the speaker of the house
to hear evidence and report their find
ings to the house, and
Whereas, the findings of this said
committee were divided, and no evil
dence submitted, the people of the
state are led to believe that full JUS
tice was not done by this said com.
mittee, and
Whereas, it is charged that the
house of representatives are in this
way trying to stifle justice, the evil
| dence upon which this committee
basedits findings is now being trans
/ cribed and will be in possession OF
the house within a few hours,
Now therefore. be it resolved, that
the evidence taken by the committee
be made a special order at once In
order that the same may be submit
ted to the committee of the whole
that the house of representatives OF
the Twelfth Legislative Assembly may
hear and determine the truth or falls
ity of the charges preferred against
! the Hon. John F. Cowan, Judge Of the
/ Second judicial district Of the state OF
North Dakota.
Immediately that resolution had
been adopted, upon motion of Mr.. Jor.
dal seconded by Mr.. Cunningham, an
other member of the committee, Mr..
Jordal stated that the committee had
in its possession all evidence taken
in memorandum form, with numerous
afadavits and dispositions. Charges
that committee was attempting to
stiffle justice but declared that such
was not the case and that he was
quite wiling at any time to submit the
evidence.
Mr.. Price of Cass then moved that
| evidence be submitted, the motion be.
ing adopted. Mr.. Hanson of Barnes
was in the chair during the unusual
procedure.
With the adoption of Prices mo-.
ton Mr.. Jordal took position in front
of the chief clerks desk and began
a long recital of evidence as secured
by the committee during its hearing.
In opening, Jordal stated that there
had been q very large amount Of evil
dence submitted That was immaterial.
This was true as to opinions on Judge
Cowan's temperament, but In the opin-
ion of the committee temperament
was unimpeachable, unless it was
shown hiatt such temperament would
enter into and prevent just discharge
of duties as Judge.
He then took up each one Of the
witnesses in the order they had ap.
peared before the committee, showing
evidence introduced and indicating
here and there the bearing such evi.
dence had upon the charges laid for
impeachment.
The evidence submitted by attor-
neys was largely upon a delay in de.
Gliding cases. Judge Corliss, the first
witness, had expressed an opinion to
the committee that conditions in the
Second Judicial district were general
ly bad, but his opinion, Mr.. Jordal
stated, could not be made q basis of
impeachment, as it is not state OF
facts. Evidence by Traynor was to
the effect that Cowan had been drunk
on the bench in the trial of Michals
blind pig case. and that he had been
intoxicated whine on the bench at
Minewaukan. On the latter statement
Traynor had modified his evidence but
stating that he was not certain that
Cowan had been intoxicated at Min.
newaukan, but that he had been
asleep.
Evidence of A. H. Reade. D. C.
Green leaf, C. NJ. Cooley, Arthur L.
Seuer, F. T. Cuthbert, c.. w. Butts and
F. P. Mann were then taken up.
Mr.. Man had given testimony to the
committee to the effect that in GER
tain case tried outside of Devils Lake,
when blind pig case was to be tried,
that the sheriff had come into the
court room and declared, when the
case was about to be started, that
the Judge and court officials had drunk
the evidence. Chairman Jordal stated
that several witnesses had testified to